Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Thursday 19th January 2023 Commons Chamber

[Sir Chris Bryant (Rhondda) (Lab)]

When will the Secretary of State sort out the Rhondda tunnel, in particular the money for it? When is he going to come to the Rhondda—it is not very far from the Forest of Dean—so that I can dangle him down my hole?

[Mr Harper]

This is my first opportunity to congratulate the hon. Gentleman on his recently announced honour in the new year’s honours list for his long service in this House. He has raised this specific question on the tunnel with me before; either I or the rail Minister, my hon. Friend the Member for Bexhill and Battle (Huw Merriman), will meet him to look at what we can do to bring that forward.

Points of Order

Debate between Mark Harper and Chris Bryant

Tuesday 9th November 2021 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

On a point of order, Mr Deputy Speaker, you may not be aware, but as I understand it, the Government told the lobby this morning—but obviously not the House, as yet—that they intend, further to yesterday’s debate and last week’s proceedings, to table a motion, rescinding the decision to set up the special committee and approving the third report of the Select Committee on Standards on the conduct of Mr Owen Paterson, for debate some time next week. Have you had any notice that that is the Government’s intention, or of what day they intend to do that? Obviously we will not have a business statement this week. Is there any suggestion as to whether there will be a business of the House motion to enable that to happen, or how they are intending to do it?

If I may, I make a brief announcement from the Standards Committee, which might be helpful to the House. As part of our review of the code of conduct and its operation, we have decided today to commission a senior judicial figure to advise us on possible changes to the process. We have already taken advice today from Sir Stephen Irwin, who is chair of the Independent Expert Panel. We believe that our present practices guarantee a fair hearing, but we will always consider suggestions for improvements. I hope that is helpful for the House.

[Mr Mark Harper (Forest of Dean) (Con)]

Further to that point of order, Mr Deputy Speaker, I think it helpful, given that this issue is best done on a cross-party basis, to say, first, that I support and welcome what the Chair of the Standards Committee has just said about his Committee’s procedures. On the first matter he raised, Ministers in the debate yesterday gave an indication that they were not minded to deal with the issues that arose last week. So I deprecate the fact that again these things have been announced outside the House; they should be announced in the House.

We do not have a business statement this week. Notwithstanding that, if the Government intend to bring forward a motion next week to deal with the two matters—to enable the House to take a decision on the Standards Committee report, which is important, and to unpick the committee that should not exist and which the Chair no longer wishes to chair—that is welcome, but it should have been announced in the House in the usual way. I hope that Ministers are able to furnish Members, perhaps by way of written information, before we come back next week with the detail of how they wish to proceed. I think that would be welcomed by both sides of the House.

Covid-19 Update

Debate between Mark Harper and Chris Bryant

Monday 14th June 2021 Commons Chamber

[Chris Bryant]

On a point of order, Mr Speaker. I completely agree with every single word of your statement earlier, as I guess you knew I would. I want to ask, however, about the provisions for our business from next week. As you know, these things were all timed to change at the same time as the national situation, which has now been changed.

I presume that there will be a knock-on effect on parliamentary business: whether Select Committees will meet in hybrid form or virtually, how we will conduct our parliamentary business in the Chamber and the Division Lobbies, and so on. I know that some of that is your responsibility solely, Mr Speaker, but some of it is the responsibility of the Government and might need changes to the Standing Orders. I wonder whether you have had any notification from the Government that they intend to bring such changes forward or of when we will debate them, when we will ensure we get them right, whether there will be proper debate and whether there will be a business statement to tell us when all that will happen.

[Mr Harper]

Further to that point of order, Mr Speaker. Listening to the Secretary of State, I was struck by what he said about the need to get people vaccinated and about the very important difference that that makes to the level of risk. In the House’s decision making about how we conduct our affairs, would it be relevant to look at the proportion of Members who have been single or double-vaccinated? My judgment would be that if the vast majority of us have been vaccinated, this level of social distancing is simply not necessary and the House could get back to what I know you want, Mr Speaker: much more effective holding of the Government to account.

Government Policy on the Proceedings of the House

Debate between Mark Harper and Chris Bryant

Tuesday 10th October 2017 Commons Chamber

[Mr Harper]

The answer to that is that I have no idea. I am a former Government Chief Whip, not the current one.

[Chris Bryant (Rhondda) (Lab)]

There’s a reason for that. [Interruption.]

[Mr Harper]

I am grateful for my colleagues’ support. I suspect the Government will make their decisions on Opposition day motions on a case-by-case basis, when they have looked at the words on the Order Paper.

The second very important motion on the Order Paper that day was about the higher education regulations relating to tuition fees. My right hon. Friend the Secretary of State for Education set out the case powerfully on the substance of the proposition before the House on the need for tuition fees. She contrasted it with the position in Scotland, which does not have tuition fees. In Scotland, fewer children go to university, fewer poor children go to university and universities are not properly funded—not a position I want to see in England. She laid that out clearly.

It was also the case that the regulations were laid before the House on 15 December 2016 and came into force on 20 February this year, so voting against them would have had no effect whatever. There was an argument at the front of the debate when the shadow Secretary of State for Education tried to pretend that it was somehow the Government’s fault that the measures had not been debated. She said that the Opposition had prayed against them but had not had time for a debate. Well, I looked at the record, and there were three Opposition days between the regulations being laid and coming into force on 20 February. Those days were Wednesday 11 January, Tuesday 17 January and Wednesday 25 January. On any of those occasions, the Opposition could have used their time to debate the regulations. If the House had voted against them on any of those occasions, they would not have come into force. The fact that the Opposition chose not to do so is their responsibility, not the Government’s.

[Chris Bryant]

As Government Ministers constantly reiterated, the whole point of secondary legislation was that if the Leader of the Opposition called for a debate not in Opposition time, the Government would provide the time and the vote in Government time. That is precisely what they should have done. They are the people who broke their word—not us.

[Mr Harper]

That is not reasonable. The hon. Gentleman knows, as came out in the debate, that a date had been decided to debate those regulations, but then the general election intervened.

--- Later in debate ---

[Mr Harper]

No, no. I do not follow that at all. The point is that the vote would have had no practical effect because the regulations had already come into force and the time limit for revoking them had passed. That was the Opposition’s responsibility, not the Government’s.

[Chris Bryant]

No!

[Mr Harper]

It is an arguable point. I have made my argument and the hon. Gentleman has made his, as he will no doubt do again later.

There were two good reasons why the Government chose, looking at the words on the Order Paper on 13 September, not to divide the House. I do not think that sets a precedent for the future. The Government will make those decisions when they look at future Opposition day motions. The right hon. Member for Orkney and Shetland is making a mountain out of a molehill. I suggest that the House waits to see what happens on future Opposition days before it gets itself so worked up. We have had a good gambol around the subject but I do not really think that the right hon. Gentleman has made his case to the satisfaction of Members more generally.

European Union (Notification of Withdrawal) Bill

Debate between Mark Harper and Chris Bryant

Committee: 1st sitting: House of Commons
Monday 6th February 2017 Commons Chamber

[Mr Harper]

The point I was making—and I think my hon. Friend the Member for Weston-super-Mare (John Penrose) was agreeing—is that there are already well-established mechanisms in this House for ensuring that information is brought before Members. Indeed, if I simply judge my right hon. Friends the Prime Minister and the Secretary of State for Exiting the European Union by what they have done so far, it seems to me that they have been in this House frequently talking about Brexit. I fear that, by the end of this process, certainly the general public will be willing it to end as might hon. Members.

[Chris Bryant (Rhondda) (Lab)]

Is not one of the problems that, in recent years, motions have regularly been carried by the House and then been completely and utterly ignored by the Government? We need more than just a simple yes or no vote at the end of this process. We need to be able to scrutinise whatever deal emerges line by line. That is exactly what the European Parliament will be able to do, so why on earth should not we be able to do it too?

[Mr Harper]

I am pleased that the hon. Gentleman rose to his feet, because I am about to turn away from my first point about the new clauses tabled by Opposition Front-Bench Members and to talk about the ones that I think could be much more damaging. Those include new clause 51, to which the hon. Gentleman has appended his name, and amendment 44.

In the Government’s amendment to the Opposition motion that was passed by the House on 7 December last year, the House agreed by 448 votes to 75 that the Government should indeed ensure that Parliament had the necessary information to scrutinise these matters properly. The instruction from the House also stated, however,

“that there should be no disclosure of material that could be reasonably judged to damage the UK”.—[Official Report, 7 December 2016; Vol. 618, c. 220.]

This is an arguable matter, but my contention is that the detail called for in new clause 51 on, among other things, the terms of proposed trade agreements and the proposed status of citizens are details that we would not want to disclose during our negotiations. For example, we would not wish to disclose whether tariffs were to be introduced or at what level. To do so would be to reveal our negotiating hand, which would be counter to the strongly expressed view of the House. If new clause 51 or amendment 44 are put to a vote, I strongly urge the House to vote against them.

Affordable Homes Bill

Debate between Mark Harper and Chris Bryant

Friday 5th September 2014 Commons Chamber

[Chris Bryant]

Of course we voted for the overall benefits cap. I want to cut the cost of welfare in this country, but the best way of doing that is to ensure that the minimum wage and wages in general catch up with inflation. However, we have had inflation ahead of wages for every month except one since this Government came to power in 2010, which is making that a darn sight more difficult to achieve.

[Mr Harper]

As usual, the hon. Gentleman is making a speech that is very rhetorical but rather short on facts. The rate for overall rent collection by housing associations is 98%. Rent arrears for housing associations have actually fallen, rather than gone up, for two quarters in a row between September last year and March this year. On the latest data, they are still lower than they were last September. They have not gone up, as was suggested. Homelessness is down, arrears are down and rent collection is at 98%, so what he is saying is simply not true.

[Chris Bryant]

To be honest, I am always a bit dubious about this particular Minister’s use of statistics. I remember the days when he boldly stood at the Dispatch Box as Immigration Minister and told us that we did not have to worry about net migration because it was falling dramatically, and that we would be able to see that when the figures were placed in the public domain. I think it was last Thursday when we were shown that net migration had risen by 38%. Admittedly, he had stopped being Immigration Minister by then, but—[Interruption.] The truth is that, according to the Government’s own evaluation, one in five people affected are in arrears because they have not yet been able to pay any of their bedroom tax, and that another 29% have not been able to pay all of it. So the honest truth is that one in four of the people in social housing are in arrears. That is a long-term problem that will undermine the whole of the social housing sector.

--- Later in debate ---

[Chris Bryant]

I am glad that I gave way to the hon. Lady, because she made a very fair point. In all honesty, if I were to take any single one of the Conservative Members of the House who will vote against this Bill today to meet any of the kind of constituents that we are talking about, their hearts would be changed. That is why I hope that, in the end, we will be able to get rid of the bedroom tax in its entirety. We will support the Bill today. I congratulate the hon. Member for St Ives on bringing it forward, but in the end I want to scrap the bedroom tax, and that is what a Labour Government will do if we are elected. If this Bill is allowed to go to Committee, I hope that the hon. Lady and others will support amendments that strengthen the move in that direction, rather than amendments that might pull us in a different direction.

[Mr Harper]

rose—

[Chris Bryant]

I have already said that I will not give way again. The hon. Gentleman will get a whole speech—[Interruption.] The Secretary of State has made many allegations in his life. I have hardly ever heard him substantiate a single one. If there was ever an example of someone who is involved in policy-based evidence making, that person is sitting right there now. He is a man who has invented evidence to back up a policy without any facts to back it up, so I will not give way.

[Mr Harper]

rose—

[Chris Bryant]

No, I will not give way. The hon. Gentleman gets to make a speech later.

In an e-mail to me, and I suspect to many others as well, the hon. Member for St Ives said:

“This is a compromise on what I had hoped to bring forward at this stage, which would have been to abolish the Bedroom Tax altogether.”

I am not sure with whom he is compromising. Obviously, it is not with the Conservatives: they are on a three-line Whip to vote him down. I suppose it must be with those on the Liberal Democrat Front Bench. Perhaps it is with the Deputy Prime Minister, the Chief Secretary to the Treasury or the Pensions Minister, who was one of the stoutest defenders of the bedroom tax and saw off all amendments in Committee, including the amendments that will now be brought forward today.

--- Later in debate ---

[Chris Bryant]

And so do I, but I think the hon. Gentleman also wants to scrap the tax as well. Or has he reneged on the position in his e-mail? He sent me an e-mail, and I thought that it was a personal one, so I am taking him at his word.

[Mr Harper]

rose—

[Chris Bryant]

I am being very soft, because the Minister is smiling at me in a cheeky little way. Go on, then.

[Mr Harper]

Given that the shadow Minister took an intervention from the hon. Member for St Ives, he should take one from me. I thank him for giving way. The shadow Minister made a serious allegation that somehow we cooked up the allocation of discretionary housing payments on some sort of party political basis—based on the control of local authorities. I just want to make it clear that the allocations in 2014-15 were based on local housing allowance, removal of the spare room subsidy, the benefit cap and the underlying £20 million a year that is not related to welfare reform. Each element is based on the affected caseload in each local authority area and on the average loss. The reason why there may be higher amounts in London is that London borough rents for social housing are higher on average, and the benefit cap losses are greater. That is the reason. It is nothing to do with the party political control of the local authority, and I hope that he withdraws that appalling allegation.

[Chris Bryant]

Yeah, yeah, yeah. I have heard it all before.

Let us go back to the Liberal Democrats. There is of course more rejoicing in heaven when one sinner, or one party, repenteth—[Interruption.] I am not talking about the hon. Members for St Ives or for Westmorland and Lonsdale because they are slightly saintly in this regard. I hope that we will see an act of mass repentance led by the Liberal Democrat Chief Whip today, including the Pensions Minister, who declared in Committee that all the exemptions we are considering today were “absurd”, the hon. Member for Cardiff Central (Jenny Willott), who is now a Whip, the hon. Member for Redcar (Ian Swales) who, despite making charming speeches in Committee, voted against the exemptions, and the whole bang shoot of them who voted for the tax, voted against amendments and voted against our Opposition day motions on 13 November 2013 in this House and in the Lords. I love them all and I am delighted to hope that they will all vote with us—or rather that we will vote with them—en masse later.

The bedroom tax has pushed the poor further into poverty. I believe that it is at the heart of the malaise of Tory Britain, with millions in arrears, millions relying on food banks, millions having to choose between heating and eating, millions on low wages that have never caught up with inflation and millions on zero-hours contracts desperate to work more hours—two nations if ever there was such a thing. That is why we should scrap the bedroom tax. We will vote for this Bill today and we will try to amend it in Committee. If that fails, we, the Labour Government, next year, in May 2015, will scrap the tax.

Wales Bill

Debate between Mark Harper and Chris Bryant

Monday 31st March 2014 Commons Chamber

[Mr Harper]

My hon. Friend makes a good point. Notwithstanding that point, the hon. Lady’s Front-Bench colleague, the hon. Member for Pontypridd (Owen Smith), committed at the Dispatch Box to reversing the provision, if I heard him correctly. Her admonition against frequent change should be aimed at him as much as the Secretary of State.

[Chris Bryant]

Will the hon. Gentleman give way?

[Mr Harper]

I will give way one last time before moving on to tax powers.

[Chris Bryant]

I knew that the hon. Gentleman would never be able to turn me down. Most countries in Europe have a fixed constitution, which means that they cannot play around with their electoral arrangements. In recent years we have changed the date of the Assembly elections and the local elections, and then we had to change them again because we had already changed the Assembly elections. The voters of this country must surely feel that we play around with the electoral system far too much.

[Mr Harper]

That does not fit my recollection. Let me think about the change of date for the Assembly election. It was carefully thought through. We consulted the leaders of the parties in the Assembly; I recall that I found out the views of the presiding officers before we amended the Fixed-term Parliaments Bill.

The hon. Gentleman might not agree with the system, but all the parties in the Welsh Assembly agreed to it. The change was made for what was argued to be a sensible reason—to prevent the two elections from coinciding, so that the important issues facing the people of Wales would be properly debated rather than being overshadowed by other issues facing the people of the whole United Kingdom. My right hon. Friend the Member for Chesham and Amersham put the alternative view that the elections should be held on the same day, and the hon. Gentleman has put forward the same view today. However, having separate election dates seems to me perfectly sensible, and that was the view taken by the Government and this Parliament.

[Chris Bryant]

The thing is that we never shorten the mandate; we always lengthen it. Now local authorities in Wales will end up having five years—possibly six—and that will be the second time they have had five years during my time as an MP in Wales. The Assembly is also going on to five years. It feels as if the political class is constantly saying, “Let’s give ourselves a little more time.” That undermines the democratic sense of British politics.

[Mr Harper]

I have listened carefully to both the hon. Gentleman’s points and the one made by the shadow Secretary of State. It seems to me that they were both taking the brave point of view—presumably, it was a commitment from the shadow Secretary of State—that if the Labour party were, God forbid, to win the next election, it would amend the Fixed-term Parliaments Act and reduce the fixed term to four years. I am not sure whether the shadow Secretary of State has consulted his party leader about that, although I hope he has, for his sake. That seemed to be a clear commitment from him. If the Labour party wins the election, we will see whether it reduces its time in office. I know that the hon. Member for Rhondda (Chris Bryant) says that his party voted for a shorter term when in opposition, but I am pretty confident—I said this at the Dispatch Box, I think—that if his party returns to government, it is highly unlikely that it will vote to shorten its term of office. I might be proved wrong, but I doubt it.

I welcome in general the Bill’s proposals on the devolution of tax powers for the clear reason of accountability. As someone with a constituency on the border, I think it wrong that the Welsh Assembly Government, like the Scottish Government, can spend money on enticing business across the border, but are not accountable for raising the money that they use to do that. Proposals to devolve some of the taxes are sensible; it makes absolute sense for there to be more accountability.

On the issue of capital borrowing, I should say that I am sorry that the hon. Member for Swansea East (Mrs James) is not in the Chamber any more. Let me elaborate a little on my short intervention on her. I looked at the “Wales Bill: Financial Empowerment and Accountability” paper that the Government laid before the House. It is a strange plot, to use the word of the hon. Member for Swansea West (Geraint Davies), that is published and laid before Parliament; I thought plots were conducted in secret, but obviously things have changed.

The paper seems clear: it sets the statutory capital borrowing limit at £500 million. That is linked to the £200 million or so of revenue that is initially being devolved. The limit is higher than if it had been set solely by reference to the same tax borrowing ratio that applies to Scotland. In Scotland, there is a £5 billion responsibility for tax revenues, but only a £2.2 billion capital borrowing limit. If my right hon. Friend the Secretary of State had used the same limit in Wales, there would have been a £100 million capital borrowing limit instead of a £500 million one.

My right hon. Friend has met the challenge to show his workings, which were in the paper presented to the House and available to all Members before this debate. He has clearly set out how the Government reached the £500 million limit. As my hon. Friend the Select Committee Chairman said, the limit was increased to £500 million to allow the Welsh Government to proceed with improvements to the M4, should they choose to, in advance of that element of income tax being devolved. The Government judged that such borrowing was affordable for both the Welsh Government and in relation to the UK’s overall position. That seems a sensible position, which has been transparently laid out in the paper.

amendment of the law

Debate between Mark Harper and Chris Bryant

Tuesday 25th March 2014 Commons Chamber

[Mr Mark Harper (Forest of Dean) (Con)]

I will start by drawing attention to the question that I asked the shadow Secretary of State. I notice that she did not deny saying that she wanted to reverse all the changes that the Government have made—[Interruption.] Well, according to the well-known Guido Fawkes website, with which I believe one or two Members are familiar—[Laughter.] If she did not say it, then she should deny it. At a meeting of Christians on the Left, she said:

“It will be much better if we can say that all of the changes that the Government have introduced we can reverse and all benefits can be universal.”

If she did not say that, she should just say so. I will take her intervention. She should deny that she said it. Given that she has not taken the opportunity to deny it, we will know when she leads her party into the Lobby to support our benefit cap that it is a mirage to fool the voters. If Labour ever gets its hands on the tiller, it will increase welfare spending and it will not help people into work.

Let me take the hon. Lady squarely on to the cost of living agenda and her allegation that my right hon. Friend the Chancellor said nothing about it. That is complete and utter nonsense. This morning, the rate of inflation fell according to the consumer prices index and the retail prices index. CPI inflation is at its lowest level for four years.

On jobs, unemployment is continuing to fall. When Labour was in power between 2003 and 2008, when the economy was creating jobs, 90% of those jobs were going to foreign nationals. That provoked the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), to say that there should be

“British jobs for British workers”,

but he had no idea what to do about it. I am very proud, as should be the Secretary of State and the Home Secretary, that since this Government have been in power, because of our welfare, immigration and skills reforms, more than 75% of the 1.3 million net new jobs have gone to British citizens. The British public will be very supportive of that. [Interruption.] The hon. Member for Rhondda (Chris Bryant) keeps chuntering, but he should listen. More than three quarters of the 1.3 million net new jobs have gone to British citizens. That is a record of which I am very proud.

[Chris Bryant (Rhondda) (Lab)]

When the hon. Gentleman was Immigration Minister, he said at the Dispatch Box time and again that net migration was falling. Actually, it rose by a third in the year in which he was Minister.

[Mr Harper]

I have been very clear that net migration from outside the EU is falling, but that it is going up from inside the EU. That is why we will renegotiate and put the terms to a referendum. We trust the British people with that decision—something that the hon. Gentleman’s party is not prepared to do.

One of the most important things that we have done on the cost of living is to enable interest rates to stay low. That means that one of the largest costs for any family—their mortgage—has stayed at a very low rate. That has been incredibly important and the Labour party would put it at risk.

UN Syrian Refugees Programme

Debate between Mark Harper and Chris Bryant

Monday 20th January 2014 Commons Chamber

[Mr Harper]

As I said in my statement, we granted refugee status to 1,100 Syrians in the year to last September, and we will continue to grant such status if we receive asylum applications. We should consider how we can help the largest possible number of people, including those who are vulnerable. As I said in answer to questions from Liberal Democrat Members, one of the programmes that we have been supporting is the UNICEF programme, which has been championed by my right hon. Friend the International Development Secretary and which has helped 15,000 of the most vulnerable Syrian children, and I think that that is the right thing to do.

[Chris Bryant (Rhondda) (Lab)]

This is rapidly becoming one of the largest humanitarian crises of the last 50 years, and it is producing a phenomenal problem politically in that very complex country, Lebanon. Surely the answer in every country must be “both…and”, not “either…or”. Would we not have much more moral authority if we argued to the French that we are doing “both…and”, not “either…or”, and would it not therefore be a good idea for us to start taking more of these children?

[Mr Harper]

There are 2.4 million refugees in neighbouring countries, and about 6.5 million displaced people in Syria. Arguing about helping a few hundred people misses the point. [Interruption.] We have put £600 million into the region—the hon. Gentleman is right: this is the biggest humanitarian crisis, which is why our response is the biggest humanitarian response that this country has ever mounted—in order to help hundreds of thousands of people there. That is the right thing to do, and we are helping an enormously larger number of people than any of our European partners.

Spousal Visas

Debate between Mark Harper and Chris Bryant

Monday 9th September 2013 Commons Chamber

[Mr Harper]

If the hon. Lady does not mind, I will try to address my hon. Friend, whose Adjournment debate this is. I want to deal with his issues.

The requirement provided little assurance of a sustainable basis over the long term. That is why we came up with the new financial requirement, based principally on the expert advice from the Migration Advisory Committee. It is the level of income at which a couple, once settled in the UK and taking into account children, generally cannot access income-related benefits. My hon. Friend said that his constituent had no intention of claiming benefits, but of course there is no way for us legally to enforce their not claiming benefits once they are in the United Kingdom.

We think that we have set out the right basis. The Migration Advisory Committee looked at whether there was a case for varying the income threshold across the United Kingdom, which is the substance of my hon. Friend’s point—I know that he did not want to make that point, but I will take it as a suggestion floating around that I can comment on. The Migration Advisory Committee looked at that approach but concluded that there was not a clear case for taking it. It would mean that sponsors, for example, could make an application when living in one area and then move around the United Kingdom. It would also penalise a sponsor living in a relatively wealthy part of a poor region; they would have a lower income threshold than a sponsor living in a deprived area of a relatively wealthy region. A single national threshold may not be more acceptable, but it makes things clearer for people than a much more complicated system of regional targets.

As my hon. Friend mentioned, I said in the previous debate that we would continue to monitor the impact of the new rules and make adjustments when appropriate. People who have raised issues with me—I see Members here who came to see me—will have noticed that in the immigration rule changes that I laid before the House on Friday last week, we set out changes in the flexibility of evidence, allowing details of electronic bank statements to be submitted. There will also be flexibility around the cash savings that people can have, to include net proceeds from the sale of a property owned by the applicant and a partner. That has been an issue in some specific cases.

We are also making provision for British sponsors returning from overseas to count future on-target earnings in some circumstances and to allow subcontractors under the HMRC construction industry scheme to evidence their income from that work as if it were from salaried employment. We have made changes.

On the change that my hon. Friend mentioned about taking account of the job offer of the migrant spouse, I have asked officials to look at that. The real challenge is how we could come up with a set of rules that were not liable to massive abuse. He highlighted that risk when he said that we would obviously have to deal with people being able to have fictitious job applications and people abusing those rules. I have asked for work to be done on that, and I will consider it. I know from the work that was done when the rules were introduced that it is not an easy issue to deal with, but we are looking at it.

[Chris Bryant (Rhondda) (Lab)]

rose—

[Mr Harper]

I will not give way to the hon. Gentleman. This is a Back-Bench debate and he gets plenty of opportunities to speak.

I am conscious that in the specific case my hon. Friend raised, the gentleman concerned is not able to hit the income level. As I said, the real concern is about the interaction of the welfare system and the immigration system. That is why we have set the income level as it is. I suspect that a lot of Members who want us to reduce the income level would probably not support what would have to go with it—a reduction in the level at which someone could claim income-related benefits. Indeed, when I raised that in the Westminster Hall debate, many of those who were arguing for a lower level of income were rather silent in their support for a reduction in the welfare system. That is one of the interesting interactions that we have to deal with.

My hon. Friend said that people in his constituency have highlighted the difference between those coming from the EU and those coming from outside it. Several other Members who are present have raised that issue. I would say several things. First, it may not be the case in his constituency, but nationally EU migration remains the smaller part of immigration. About 30% of immigrants come from EU countries and over half come still from outside the EU. It is important to put that into context. It is also the case that if people coming here from the EU want to stay for more than three months they cannot just come here for no reason—they have to be working or looking for work, or to be self-employed, self-sufficient or a student. There are some rules around the treaty rights that have to be exercised.

The Government are concerned about the abuse of free movement whereby people may come to the United Kingdom simply to try to claim benefits or to get round the rules. My hon. Friend might be aware that my right hon. Friend the Home Secretary, together with her colleagues and her equivalents from Germany, Austria and the Netherlands, has written to the European Commission and demanded action on this. We are in the process of putting together evidence that will be discussed at a relevant Council meeting—I think in October or November—when we will look at how we can deal with the abuse of free movement, which I know from my hon. Friend’s remarks is a concern for a number of his constituents.

My hon. Friend suggested that this might be an area where a future Conservative Government may wish to look at detailed changes to our relationship with the rest of the European Union in order to deal with some of our constituents’ concerns. I know that he may well want to go a little further than the party’s policy, but whether it is leaving, as he would prefer, or having a robust negotiation, as my right hon. Friend the Prime Minister intends, either of those situations would improve the position that his constituents and many of mine are concerned about. We cannot apply the same rules to EU citizens because we are bound by our treaty obligations. It is important that we make sure that we enforce the rules that already exist. I completely understand that his constituents may find that a challenge.

Since I have three minutes left and I think I have dealt with my hon. Friend’s points, I will take a couple of interventions—one from my hon. Friend the Member for Battersea (Jane Ellison) and then one from the hon. Member for Slough (Fiona Mactaggart).

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Monday 15th July 2013 Commons Chamber

[Mr Harper]

I do acknowledge that, and, as I made clear in answer to an earlier question, we have no plans to cap the number of students who come to our excellent universities and make a valuable contribution to growth. The best of them will have an opportunity to remain here after their studies if they find graduate-level jobs that pay decent salaries, and they are very welcome to do so.

[Chris Bryant (Rhondda) (Lab)]

I warmly congratulate the Minister on slapping down the swivel-eyed loons in his own party who are calling for a ban on non-EU students, but does he not understand that his own policy is effectively introducing a cap? That is why the Prime Minister had to fly to India to beg people to start coming back to study in this country. When will the Government stop undermining British universities and colleges which are trying to compete around the world for this important market?

[Mr Harper]

The hon. Gentleman has had his Weetabix this morning!

Our reforms have been successful. The number of students going to our excellent universities is up by 5%, and the universities are doing very well. We have seen strong growth, for example—

[Chris Bryant]

The total number is down.

[Mr Harper]

That is because a significant number of people who have come to this country in the past purporting to be students have not actually been students. We have rooted out a large number of bogus colleges that were abusing the immigration system, and I make no apology for our having done so.

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Monday 10th June 2013 Commons Chamber

[Mr Harper]

I am grateful to my hon. Friend for that. Of course this House thought that that is exactly what it had done, as it sent a very clear message to judges about the balance that this House, on behalf of society, had struck to put the rights of the innocent first. Judges have not got the message, which is why we will legislate to make sure that it is reflected in the law.

[Chris Bryant (Rhondda) (Lab)]

Given what the Minister has just said, why on earth was the number of foreign criminals deported in 2011 just 4,522, whereas in the last year of the Labour Government it was 5,528? The Government are failing on this, and it is little to do with what he has said. Given that one of the best ways of making sure that suspected criminals are deported from this country is the European arrest warrant, which extradites them elsewhere, why on earth are the Government thinking of withdrawing from it?

[Mr Harper]

The hon. Gentleman should know that this is about exactly the reason I set out; he will know, if he has done his research, that between 2011 and 2012 there was a significant increase, of more than 1,000, in the number of appeals made by criminals to prevent their deportation. That is exactly why we need to take action, and it is another area we will deal with in the Immigration Bill.

Student Visas

Debate between Mark Harper and Chris Bryant

Thursday 6th June 2013 Commons Chamber

[Mr Harper]

The point the right hon. Lady makes about in-country performance is absolutely right; it is true that the performance in the last financial year of what was the UK Border Agency was not good enough, as I know very well from conversations and correspondence with Members. Out-of-country performance has remained very good, however. Part of the reason why the Home Secretary made the changes she has made to the border agency was to fix the problems in the UK visas and immigration part of the business. The good news is that we have put a lot of resource and effort into turning that around, and the performance of the Home Office for in-country operations—which used to be a UKBA responsibility—has got immeasurably better. The latest figures are much better. It has taken some time to do that, but I ask the right hon. Lady to let me know of any specific outstanding cases, and I will look at them and see if there is anything we can do.

[Chris Bryant]

The Minister slipped in the words “academic progression”. I fully understand why, in the vast majority of cases, someone would want to go from an undergraduate degree to a postgraduate degree and so on, but there are cases, in particular for vocations and some STEM degrees, where a student who had first done an undergraduate degree in their home country might want to come to the UK to study for another undergraduate degree, which would not count as academic progression. I worry that people might therefore be being excluded who would be perfectly decent and sensible to have studying here.

[Mr Harper]

I was referring to people who, as I have seen when we have removed them, have been in the UK for a decade or more, perpetually renewing a student visa and clearly making no progress. That is an abuse of the system. We were talking about that, not about trying to micromanage someone’s academic career.

Let me do something that I cannot always do and give some positive news to the hon. Member for Islington North (Jeremy Corbyn) about London Metropolitan university. I will not rehearse the past in great detail, but I have put a lot of work into this—it happened just about the time at which I was given this job and at which my right hon. Friend the Member for Ashford (Damian Green) became the Minister for Policing and Criminal Justice—and I am absolutely convinced that the UK Border Agency, as it was, took exactly the right decision to revoke London Metropolitan university’s sponsor licence. It was not fulfilling its responsibilities by any measure. Nobody in the sector has defended it and its behaviour was, I am afraid, well known.

The positive news, which shows that the system works, is that we have worked closely with London Metropolitan university and it has made significant improvements to its system and to the administration of how it delivers on its requirements. It has now been awarded an A-rated sponsor licence, which means it can sponsor international students, and it has 12 months to build up a track record and apply again for highly trusted sponsor status. That is very positive. The Home Office has worked very closely with the university—[Interruption.] I think the hon. Member for Rhondda is asking how many students there are. The university can recruit only 15% of the number it could originally have while it is an A-rated sponsor.

The hon. Member for Islington North asked me about this subject first. I do not have the specific details of all the students that were there and what has happened to them, but we have those data because we wrote to every single one. I will write to the hon. Gentleman, since the university is in his constituency, and I will put a copy of my reply in the Library—[Interruption.] I will also send a copy to the hon. Member for Rhondda and I will include the details of how many have left the country.

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Monday 25th March 2013 Commons Chamber

[Mr Harper]

My hon. Friend is right. We committed to reducing net migration from the unsustainable hundreds of thousands that it was under Labour to tens of thousands, which is much more sustainable. That is supported by the vast majority of British people, whomever they vote for. I am glad my hon. Friend also supports that policy.

[Chris Bryant (Rhondda) (Lab)]

I wonder whether the Minister could help me to spot the difference. Currently regulations and Department for Work and Pensions guidance for jobcentres state that EU migrants cannot claim benefits after six months unless they are

“genuinely seeking work, and have a reasonable chance of being engaged”.

The Prime Minister today, in what is supposedly a new announcement, said that migrants can claim after six months only if they

“can prove not just that you are genuinely seeking employment…but also that you have a genuine chance of getting a job.”

Is that not exactly the same? There is no difference at all—it is not a new announcement. How many people exactly does the Minister believe will be affected by this supposed change?

[Mr Harper]

The Prime Minister set out a number of changes today. The one the hon. Gentleman mentions ensures that there is a statutory presumption in the system, which does not exist today, that, after six months, people have to demonstrate that they are taking all possible steps to seek work and that they have a reasonable prospect of getting it. At the moment, there is no presumption that they must do so. That is a weakness in the system, which is why we will strengthen it.

Asylum Support (Children and Young People)

Debate between Mark Harper and Chris Bryant

Wednesday 27th February 2013 Westminster Hall

[The Minister for Immigration (Mr Mark Harper)]

Yes they can.

[Chris Bryant]

That is perhaps a point for the Minister. I want to say to some religious organisations that it is time they understood the reality of the modern world and abandoned their views about procreation.

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Monday 11th February 2013 Commons Chamber

[Mr Harper]

I am grateful to the hon. Gentleman for his question. Last Thursday morning, at an unearthly hour, the Minister for Housing and I accompanied UK Border Agency officers and housing officials from the London borough of Ealing on a raid to deal with exactly such landlords with houses in multiple occupation. It was a successful operation and we detained a number of people who had no right to be in the country. Such partnership working between the London borough of Ealing and central Government is working well, and it is the kind of activity that we will continue.

[Chris Bryant (Rhondda) (Lab)]

I am delighted that the Minister is tackling that one element, which has already been referred to, but last week the Attorney-General admitted that in 2011 and 2012 there was not a single prosecution of those breaching the national minimum wage. Would it not be a good idea, first, to impose the national minimum wage—enforce it properly—so that unscrupulous landlords could not turn people into virtual slaves in this country and, secondly, to double the fine?

[Mr Harper]

I am not quite sure what landlords have to do with the national minimum wage, but I think I answered the other part of the hon. Gentleman’s question in responding to one of his colleagues. The hon. Gentleman needs to explain why all those problems were singularly not dealt with when Labour was in power. Labour made mistakes on immigration and failed to apologise. Until it does, no one will take it seriously.

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Monday 7th January 2013 Commons Chamber

[Mr Harper]

That is indeed the case. The MAC report will look both at providing labour to the sector and at how the scheme functions in meeting the Government’s commitments on controlling immigration. Both aspects will be important when the Government take the decision later this year.

[Chris Bryant (Rhondda) (Lab)]

On 17 October 2011, the former Immigration Minister, now the Minister for Policing and Criminal Justice, the right hon. Member for Ashford (Damian Green), said:

“I believe in free movement. The Government believe in free movement.”—[Official Report, European Committee B, 17 October 2911; c. 18.]

On 21 November 2011 he said:

“Free movement has been, and is, one of the great achievements of the EU.”—[Official Report, European Committee B, 21 November 2011; c. 14.]

Does the Minister agree?

[Mr Harper]

I do not demur from anything that my right hon. Friend has said, but that does not mean that we will not look at how that operates in our balance of competence reviews. Abuses do take place under free movement throughout Europe. My right hon. Friend the Home Secretary has discussed the issues at Justice and Home Affairs Councils and has found a lot of support from colleagues there. A road map has been set out by Justice Ministers throughout Europe to deal with the abuses that took place and were not dealt with by the Labour party when it was in power.

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Monday 19th November 2012 Commons Chamber

[Mr Harper]

My right hon. Friend makes a very good point. We have started to do some interviewing in some high-risk countries, which has been very successful and has demonstrated the value of interviewing in certain locations, which allows us to drive out some clear abuse. Where that makes sense, we will continue to do it and will increase our ability to do so.

[Chris Bryant (Rhondda) (Lab)]

The Prime Minister told students in Dubai—he has a habit of answering questions when he is abroad, if not when he is in this country—that there is no limit on international students in the UK, and the Minister has repeated that this afternoon. However, the Migration Advisory Committee states that there will have to be 86,600 fewer students over the next three years if the Government are to meet their target. Who is right? Is Boris Johnson right to say that we are losing a massive business opportunity? Is the director general of the CBI right to say that it is putting people off? Or is the Minister just confused?

[Mr Harper]

The hon. Gentleman should understand that we have a net migration target, so those students who come to the UK, study and leave make no contribution to the net migration statistics. Our universities can go out, recruit smart students and educate them and they will make no difference at all to net migration. The Prime Minister is absolutely spot on and I think that it is the hon. Gentleman who is confused, as someone who does not believe in having a net migration target at all.

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Monday 15th October 2012 Commons Chamber

[Mr Harper]

My hon. Friend raises an important point, and he will know that I have now taken over the lead in the Home Office on combating human trafficking and related matters. We have already tackled the issue he raised to some extent, and now that he has raised it with me, I will look to see if more can be done to tackle this important issue.

[Chris Bryant (Rhondda) (Lab)]

I, too, wholeheartedly support the comments you made, Mr Speaker, about Malcolm Wicks and Sir Stuart Bell. On the Opposition Benches we all feel that we have lost two great gentlemen from amongst our ranks. They were both intelligent men who brought a keen intelligence to the way in which they debated issues. As it happens, they were both ardent pro-Europeans, who might have had a word or two to put to the Home Secretary later this afternoon. We pay tribute to them both.

I understand that the main reason why the Minister has introduced these recent changes to the family route provisions on immigration is to cut net migration, as the Prime Minister promised before the general election, to the tens of thousands. Will he confirm, however, that the Office for National Statistics has said that since 2010 there has been no statistically significant difference in the number of migrants to this country?

[Mr Harper]

I have seen that comment, but with a fall in net migration from 252,000 to 216,000—a fall of 15%—I will leave it to other Members and the public to judge whether they view that as significant. I know that the hon. Gentleman either tweeted or said at the Labour conference that he thought having a net migration target was “ludicrous”, but was then forced to unsay it when he was told to do so by his boss. We think having a net migration target is sensible: we mean to implement it, and I think the House will support it.

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Tuesday 20th March 2012 Commons Chamber

[Mr Harper]

The hon. Gentleman makes a very good point. I shall count that as part of the consultation exercise. It is a point that has been made by others about the disclosures that Ministers make. We will weigh that up when formulating our proposals.

[Chris Bryant (Rhondda) (Lab)]

I wholeheartedly support the idea of a statutory register of lobbyists, but surely it must include the full-time people who do it on behalf of their companies in-house. If we do not know whether the head of lobbying for BP, Shell or whoever else is coming in to see a Minister, we have not really brought about transparency, have we?

[Mr Harper]

The point that the hon. Gentleman makes about those who lobby for the companies they work for, as opposed to third parties, has been made by others and we will weigh that up. If a person from an individual company comes to see a Minister and the Minister discloses that they have had that meeting, as they do, it is clear on whose behalf they are lobbying. The situation that we are trying to deal with is one where we do not know on whose behalf someone is lobbying. That is the reason for our initial proposals.

Parliamentary Lobbying

Debate between Mark Harper and Chris Bryant

Wednesday 2nd November 2011 Westminster Hall

[Mr Harper]

Let me come on to that at in a moment because I want to set out my thoughts logically.

I thank the hon. Member for Caerphilly (Mr David) for his relatively consensual approach because it is important that we get dealing with the issue right. The subject affects all parties, and all parties have lessons to learn. We need to ensure that we approach the issue on that basis. He struck the right note, but to encourage other Labour Members also to take such an approach, I will remind them of what they did or did not do in Government. An amendment tabled by the Liberal Democrats on having more transparency on lobbying was mentioned. Every single Labour MP here who was in the House at the time happily voted against that. The hon. Member for Newport West clearly paid very little attention to the new clause when he voted against it because if he had read it, it sounds as though he would have agreed with most of it.

[Chris Bryant]

What was it?

Fixed-term Parliaments Bill

Debate between Mark Harper and Chris Bryant

Thursday 8th September 2011 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I beg to move, That this House insists on its disagreement with the Lords in their amendments 1, 2 and 9 but proposes the following amendment to the Bill in lieu of those amendments:—

(a) Page 3, line 23, at end insert—

‘(4) The Prime Minister must make arrangements—

(a) for a committee to carry out a review of the operation of this Act and, if appropriate in consequence of its findings, to make recommendations for the repeal or amendment of this Act, and

(b) for the publication of the committee's findings and recommendations (if any).

(5) A majority of the members of the committee are to be members of the House of Commons.

(6) Arrangements under subsection (4)(a) are to be made no earlier than 1 June 2020 and no later than 30 November 2020.’.

The Government have been prepared, both in this House and the other place, to consider and support amendments that improve the provisions of the Bill. That is the normal process for refining and agreeing legislation. However—again, quite normally—we have consistently opposed amendments that would wreck the Bill. Members of this House and those in the other place have had a chance to debate the Bill at length, and one issue remains outstanding: whether or not there should be a sunset clause. Some have called it a sunrise clause, and it was referred to in the other place as a Lazarus clause.

We have discussed Lord Pannick’s amendments—which inserted the sunset clause—before, and they were roundly defeated by 312 votes to 243, because they offended against the principle of the Bill: that parliamentary terms should be of a fixed length, and that the legislation should apply to each Parliament in the normal way unless repealed through the normal considered legislative process.

The Bill as we would have it rightly does not attempt to entrench parliamentary terms. If a future Parliament wishes to move away from fixed terms, it may of course do so by either amending or repealing the legislation. We have, however, maintained consistently that a constitutional change such as a move towards or away from fixed-term Parliaments is not a small matter, and that it should be subject to the full scrutiny of Parliament, as this Bill has indeed been. In contrast, the sunset amendments passed by their lordships would switch fixed terms on and off like a light switch, defaulting to non-fixed terms if a simple resolution failed to be tabled or, if it is passed, to “sunrise” provisions for fixed terms.

In our view, it is clearly not appropriate for constitutional legislation to be applied or disapplied simply as a result of a resolution, and such changes should be made only following the normal legislative process. That view appears to be shared by the Lords Constitution Committee, whatever its misgivings about the lack of pre-legislative scrutiny for first-Session Bills. Its recent report on the process of constitutional change emphasises the need for proper scrutiny of such constitutional changes. A particularly relevant paragraph states:

“We believe that both government and Parliament should recognise the need for constraints on the process of constitutional change so that a situation whereby the government is effectively able to change the constitution at will may be avoided.”

[Chris Bryant (Rhondda) (Lab)]

I am sure that the Minister was not going to suggest that the Constitution Committee supported the Bill. As he knows, it clearly does not.

[Mr Harper]

I did not say that it did. I said that it had misgivings about the fact that there had been no opportunity for pre-legislative scrutiny because this was a first-Session Bill. My point was that in its recent report—and not just in the paragraph that I quoted; throughout the report—it had said that constitutional change should be carried out properly. The idea that constitutional provisions such as this should be switched on and off through simple resolutions rather than through the proper legislative process, which involves consideration by both Houses of Parliament, is not appropriate. We agree with the sentiment expressed in the paragraph that I have just read out, which is why we oppose Lord Pannick’s amendments. Given that Lord Pannick is a member of the Constitution Committee and presumably supports the proper conduct of constitutional change, it is surprising that he is trying to insert in the Bill something that we do not think appropriate.

We should also bear in mind that both Houses recently engaged in a debate similar to this during the passage of what is now the European Union Act 2011, and that both Houses decided that it would not be appropriate to include a sunset provision in that Act. In the debate, Lord Lamont wisely noted that a sunset provision was not appropriate because it would provide for primary legislation to be reversed by a simple resolution. We believe that the Lords amendments would have the same effect on this Bill, turning important amendments to the statute book on and off without proper scrutiny.

The report of the European Scrutiny Committee on the European Union Bill states:

“All Parliaments legislate for the future. Laws passed by one Parliament do not contain a sunset clause at the Dissolution. The real point is whether a government can, in law, make it difficult for a future Parliament to amend or repeal the legislation it has passed; in our view it cannot. Our conclusion therefore is straightforward—that an Act of Parliament applies until it is repealed”.

That can also be said of the Fixed-term Parliaments Bill. Should a future Parliament wish to amend or repeal the legislation, it could of course do so, but we believe that it should do so through the normal legislative process, not simply by passing, or failing to pass, a resolution.

That, however, is not the only problem with the Lords amendments. They clearly assume that it would be possible for the Prime Minister to regain the option of asking Her Majesty the Queen to dissolve Parliament, but it is entirely possible that, by failing to provide for the prerogative power to dissolve to be reinstated, they have left matters in the position where neither the rules in the Bill nor the previous prerogative powers can have effect. Indeed, it is worth asking whether it is possible to reinstate a prerogative power that has been removed. It should also be noted that the United Kingdom Parliament did not think it appropriate to include sunset clauses when legislating for fixed terms for the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly. It is not entirely clear why it should consider it appropriate to “sunset” the fixed terms for this Parliament.

--- Later in debate ---

[Mr Harper]

The right hon. Gentleman is leaping far ahead. We are considering this Bill now. Meanwhile, our reform proposals for the House of Lords have been published and are being scrutinised by the relevant Joint Committee. If at some point in future it is decided to change the arrangements under this Bill, that can be done in the normal way. The Bill can be amended or repealed through the normal legislative process. We are not seeking to constrain that. We are simply saying that the rather novel constitutional provisions that the Lords has inserted are inappropriate to a constitutional Bill.

[Chris Bryant]

Let me raise a few protest points at the outset. First, the Bill started its lengthy process on 22 July last year. In the normal course of parliamentary business, this parliamentary Session would have come to an end by now and therefore this Bill would already have fallen, so it would not be becoming law. Indeed, there would have been a point at which the House of Lords would have been able to hold the Government’s feet to the fire so as to extract greater concessions from them. I merely note that the Government have managed to give themselves a two-year Session. When the Leader of the House announced that that was going to be the case, I complained that it would give added powers to the Government. This is yet another example of how the Government have abused the constitution over the past year.

--- Later in debate ---

[Mr Harper]

I take the hon. Gentleman’s point on that and thank him for making it. Given the nature of the matter, it would be helpful if the committee were wide ranging. That is also a good reason not to be too specific about, for example, the size of the committee. Clearly, we need to ensure that Members from all parts of the House are able to be represented properly. On setting down how big the committee should be, there is, of course, a tension if committees are too large, but if they are too small they can be too narrow. It would be helpful to be able to have that debate when we know something about how the measures have worked in practice.

[Chris Bryant]

Will the Minister be straight and guarantee that he will ensure that there is consultation with the opposition parties on the terms of reference of the West Lothian commission?

[Mr Harper]

With respect, we are debating the motion. The hon. Gentleman and I can have a conversation about the West Lothian commission elsewhere.

[Chris Bryant]

So you won’t?

[Mr Harper]

I have only a few minutes and I am trying to deal with the points that hon. Members have raised.

Fixed-term Parliaments Bill

Debate between Mark Harper and Chris Bryant

Wednesday 13th July 2011 Commons Chamber

[Mr Harper]

That is not an analogy I would make with the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly. When this House made decisions about setting up those bodies, we did not think it appropriate to give them the power to pick and choose their term of office. We set it out in the legislation that set the bodies up.

I am curious to know what the supporters of the Lords amendment think would happen if the next Parliament decided that it did not want a fixed term. It is not very clear from the amendments, how exactly the mechanisms would work. I shall take Members through the Lords amendments shortly and explain how I think they would work.

It has been suggested that a sunset clause would ensure that the issue of fixed-term Parliaments and the merits of this particular Bill would be subject to post-legislative scrutiny. That is not necessary, however. This legislation has already been scrutinised by four Select Committees: the Political and Constitutional Reform Committee, the Lords Constitution Committee, the Joint Committee on Human Rights and the Delegated Powers and Regulatory Reform Committee. I am sure that any one of those Select Committees or another Select Committee will subject the Bill to some form of post-legislative scrutiny, which is something that the Government would welcome. I do not think that these sunset clauses, however, would lead to that type of sensible scrutiny.

I said that I would look at the effect of the Lords amendments on the working of the Bill. Lords amendment 9 talks about a resolution having to be

“approved by each House of Parliament”.

That is fairly straightforward. The most unclear provisions relate to clause 7(4), stating that a number of parts of the Bill will have effect

“only until the first meeting of the… Parliament”,

which would then decide whether to bring those provisions in. The provisions on early elections and confidence votes would not be clear and it would not be clear how Parliament would be dissolved. The schedule, which has a number of consequential amendments, would also not be in force. The schedule, which repeals the Septennial Act and a whole load of other provisions, would effectively cease to be in force and, presumably, all the repeals and amendments would be unrepealed and unamended. We would then end up with a very complicated constitutional proposition.

[Chris Bryant (Rhondda) (Lab)]

Unless I misheard the Minister, he referred to clause 7(4) of the Bill. I cannot find a clause 7(4).

[Mr Harper]

I am looking at the copy of the Bill as amended on Report from the House of Lords, which does have a clause 7. It is the final provision clause. It is the bit that is dealt with by one of the Lords amendments that we are debating. I think that the amendment will be confusing. It will make many of our constitutional provisions unclear. I do not believe that those who tabled the amendments and voted for them in the other place have fully thought through how they would work in practice.

Another important issue is the relationship that would be created between this House and the other place if the amendments stay in the Bill. The importance of establishing the primacy of this House came out clearly in our debate on the Government’s proposals on House of Lords reform. The amendments would give the House and the other place the ability to vote on whether we have a fixed-term Parliament, without going through the normal legislative process. That could lead to an unfortunate scenario in which this House voted overwhelmingly in favour of the motion that we have a fixed-term Parliament and that the provisions of the Bill, if passed, come into force, while the currently unelected House failed to vote for the motion, so we would not have a fixed-term Parliament. Important decisions about elections in this country, fixed-term Parliaments, the confidence procedures and the ability to trigger early general elections would effectively be made by the unelected House, and that would diminish the power of elected Members.

[Chris Bryant]

The Minister’s example is completely wrong. If this House voted—on the basis of the Government’s and, therefore, the Prime Minister’s majority—for a fixed-term Parliament, and the other place did not vote for a fixed-term Parliament, whether there would be an early election would be in the hands of the Prime Minister. The will of this House would always have carried.

[Mr Harper]

The hon. Gentleman confuses the will of the House and the will of the Prime Minister. The scenario that I set out stands. If the other place had chosen not to vote for fixed-term Parliaments, we would not have a fixed-term Parliament, despite this House having voted in favour, and that would give back to the Prime Minister the ability solely to decide whether there should be an election. We would have taken powers away from Members of this House who had voted, perhaps overwhelmingly, to ensure that the Bill was in force. We would have been thwarted by their lordships. Given the importance to Members of the primacy of this House, that effectively moves power in the opposite direction, which Members will find unwelcome.

--- Later in debate ---

[Mr Harper]

The hon. Gentleman is right. As I said, when this House decided to legislate to set up the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, it did not think that it was right to have variable terms; it decided that it was sensible to have fixed terms. If this House thought that that was good enough for them, it should be good enough for us.

Let me finish by reading out the following quote from the right hon. Member for Blackburn. [Interruption.] The hon. Member for Stoke-on-Trent Central rightly says that I have already read out the quote, but I wanted to set out the conclusion that the Labour party should draw from it. The right hon. Gentleman said that

“parties in opposition that are in favour of fixed terms go off the boil on them when they come into government.” —[Official Report, 13 September 2010; Vol. 515, c. 645.]

The Labour party is in danger of doing the opposite. It is in danger of being committed to this proposition when it was in government and then going off the boil on it when in opposition. The party should reconsider. In the time before the House is asked to make a decision on this, I hope that the Labour party will decide that we should disagree with their lordships on this group of amendments.

[Chris Bryant]

I am afraid that the Minister did not impress me with his arguments. In particular, he referred to the fact that the Conservative manifesto did not contain anything about introducing fixed-term Parliaments and then said that when good arguments come along people should bow to them. As far as I can see, the only good argument that came along was that the Liberal Democrats would not support the Government unless there was a fixed-term Parliament element in the coalition agreement. So the only reason why we have this Bill, particularly in its current form, is because of the attempt to create the coalition and then to keep it going for five years.

The Minister then tried to tease me a little with the idea that the former Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), said that he wanted people who voted for Labour to be voting for fixed-term Parliaments. This amendment would allow us to vote in every Parliament for fixed-term Parliaments, so it gives more opportunities for people to vote for them, rather than fewer.

--- Later in debate ---

[Chris Bryant]

I think I agree with that, but I am not entirely sure. The bit I agreed with was in feeling sympathy for those on the Government side of the House.

The three amendments we are discussing come as a package. In essence, they are all there to do the same thing: to say that the present arrangements will remain, so that the coalition gets to hold itself together until 2015, but that after the next general election and at any subsequent creation of a new Parliament, unless other legislation is brought in, there would have to be a vote in both Houses for that system to remain in place. I shall come to the issue of both Houses in a moment.

[Mr Harper]

rose—

[Chris Bryant]

I was going to come to that matter in a few moments, but if the Minister wants me to come to it now I will of course give way.

[Mr Harper]

I wanted to question something the hon. Gentleman said. He says that at the start of each Parliament there would have to be such a motion, but that is not what the amendments say. They leave it completely open for that to happen at any point during the Parliament, and I think that would be deeply unsatisfactory.

[Chris Bryant]

The Minister is absolutely right. That was a small slip of mine and the vote could happen at any time. Any Government worth their salt would without a doubt table such a motion at the beginning of the Parliament so that there was clarity.

We should also know that Lords amendment 1 was not tabled by the Labour party. It was tabled by Lord Pannick with the support of Lady Boothroyd, Lord Butler and Lord Armstrong. Their arguments carried quite a lot of weight with the House—clearly, they carried enough weight to win the vote. Lord Pannick said when moving the amendment:

“The purpose of the amendments is to address the deep unease on all sides of the House, as expressed at Second Reading and in Committee, as to whether it is appropriate to confine the circumstances in which a general election may be called within a five-year term.”—[Official Report, House of Lords, 10 May 2011; Vol. 727, c. 822.]

There has been that level of discomfort and unease in this House, too, although it was more marked down the other end. Lord Pannick also referred to the “constitutional damage” that all this might create and called the whole Bill an “unhappy Bill”. I have some sympathy with him.

It is true that I have previously commented—and I stand by those comments—that the Labour party is committed to fixed-term Parliaments. However, we think the right way to introduce legislation on something as constitutionally significant as changing the way in which a general election is called is to engage in consultation with all the parties in this House before tabling a Bill and to introduce pre-legislative scrutiny of that Bill. If the Minister had chosen to go down that route, he would have had a great deal of co-operation from Opposition Members and we would have ended up with a better piece of legislation. One issue that we might have been able to address in such circumstances is whether it is right to make the change through legislation or Standing Order, which might well have saved us from the danger of the question of calling a general election at any time being justiciable in the courts. Lord Pannick also made that point. He said that, as there had been no pre-legislative scrutiny, it was important that after a future general election there was an opportunity for each House to consider the matter again.

--- Later in debate ---

[Mr Harper]

I recognise that. The Government set out our reasons for disagreeing with that view, and I believe that their case was accepted by Members of both Houses. We have already debated the matter at length, and I do not think that there is a feeling that we should resurrect that debate now.

In Northern Ireland, there will be consultation with the Northern Ireland Executive and all the political parties, which will begin when the Northern Ireland Office has received reports from both the chief electoral officer and the Electoral Commission on the May 2011 polls, which involved three combined elections. The chief electoral officer’s report has just been received and is being examined by officials, and the report of the Electoral Commission is expected to be received shortly.

Given that the amendments were accepted in the other place and there was a fair degree of consensus, I urge Members to agree with the Lords.

[Chris Bryant]

I broadly agree with what the Government have said. I would point out, however, that the Government, and the Minister himself, have developed a rather irritating habit of opposing measures at this end of the building and then agreeing with them at the other end. That is bad for the way in which we conduct our business in this House. It applies particularly to the replacement for clause 2, in Lords amendment 6. All the changes in these amendments were contained in amendments that we tabled at this end of the building—

[Mr Harper]

rose—

[Chris Bryant]

I will not give way to the Minister, I am afraid.

The Minister chose to oppose the amendments in this House, and then accept them in the other Chamber.

[Mr Harper]

rose—

[Chris Bryant]

I am not going to give way to the Minister. He has spoken plenty.

This is the second occasion on which the Minister has done that today. This morning he tabled a written ministerial statement that basically consisted of an amendment that he voted against during our debates on the Parliamentary Voting System and Constituencies Bill. I wish he would stop doing it.

All I will say to the Minister about the improved clause 2 is that part of it, the “two-thirds majority” provision, remains foolhardy. Requiring a special majority to secure something constitutes a complete change in the practices of the House. It is also completely unnecessary, because it is almost inconceivable that on any occasion on which the Government tabled a motion for an early general election, the Opposition would not agree with it. There would always be a two-thirds majority. Let me say to Liberal Democrat Members who may think that that would protect them if the Prime Minister opted for an early general election before the planned date for the next general election, that it will do no such thing.

Lords amendment 4 agreed to.

Lords amendments 5 to 8 agreed to.

Lords amendment 9 disagreed to.

Motion made, and Question put forthwith (Standing Order No. 83H), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments;

That Mr Mark Harper, Mr Philip Dunne, Chris Bryant, Jonathan Reynolds and Mr Mark Williams be members of the Committee;

That Mr Mark Harper be the Chair of the Committee;

That three be the quorum of the Committee.

That the Committee do withdraw immediately.—(Mr Goodwill.)

Question agreed to.

Committee to withdraw immediately; reasons to be reported and communicated to the Lords.

Oral Answers to Questions

Debate between Mark Harper and Chris Bryant

Tuesday 5th July 2011 Commons Chamber

[Mr Harper]

I am grateful to my hon. Friend for her question—this is a subject on which she is pursuing Ministers relentlessly both in the House and in written questions. The Prime Minister was asked a similar question at Prime Minister’s questions, and I can do no better than to say that the Government do not want to enfranchise prisoners, but there has been a clear decision by a court to which we have signed up. The Prime Minister said that the Government will ensure that any legislative proposals are as close as possible to the House’s decision earlier this year.

[Chris Bryant (Rhondda) (Lab)]

On 26 October last year, I asked the Deputy Prime Minister how he was going to ensure that everyone forced to move out of central London because of the changes to housing benefit would be enfranchised and end up on the register. He pooh-poohed that at the time, saying it was not going to happen. Now we know that the Department for Communities and Local Government believes that up to 40,000 people are going to have to move. How are Ministers going to ensure that those people are enfranchised?

[Mr Harper]

The hon. Gentleman will know that the Department does not say that at all—it is not what is stated in the impact assessment that Ministers have signed up to. I do not believe either that that is what the article in the newspaper said. On enfranchisement, we are very clear: our proposals will make it easier for people who are entitled to be registered to be registered. He will know that we are carrying out data-matching pilots across the country, and we will take forward and roll out any lessons from that to make it easier for people who are eligible to be registered.

West Lothian Question

Debate between Mark Harper and Chris Bryant

Tuesday 29th March 2011 Westminster Hall

[Chris Bryant]

If my hon. Friend will forgive me, I have a few more points to make. We could see a vast multiplication in the number of Bills, with many more Second Readings of minor Bills that affected only specific parts of the country. I suppose one could then say that if a piece of legislation was not on a devolved matter but affected only Wales, only Welsh MPs should be able to vote on it. That is the logic of the argument of those who say that English legislation should be voted on only by English MPs. The danger is the effect on Government; a complicated Venn diagram would be needed to show who are the Government on any particular subject. We would have England-only legislation; England and Wales-only legislation; England, Wales and Scotland legislation; and England, Wales, Scotland, and Northern Ireland legislation, and a different set of people would be voting on each sort. There would be at least five versions of the Government of the United Kingdom. That is potentially problematic and could be dangerous.

My right hon. Friend the Member for Torfaen wisely referred to Welsh peers. Would one suddenly decide that Welsh peers should not be able to vote? How does one decide what constitutes a Welsh peer? It is difficult enough deciding what nationality the Secretary of State for Wales is. At a recent reception held at the Foreign Office, I gather that the Secretary of State for Wales made a little speech. As the Bahraini ambassador was saying thank you, he said, “It’s great finally to discover, Cheryl, after all the years that I’ve known you, that you’re Welsh”—and he is a diplomat.

[Mr Harper]

She is Welsh.

[Chris Bryant]

She was not clear about it until she became Secretary of State for Wales. The final point is the effect on Parliament. There have been times when there have been different categories of Members of Parliament. In particular, the burgesses and knights of the 13th century occasionally sat separately because they were able to secure different grants from the Crown. However, that has not happened since the 13th century. As my right hon. Friend the Member for Torfaen said—others have alluded to this—no other country in the world has different categories of Members of Parliament. The confusion and difficulty that such a system would lead to would be very dramatic.

The Government have said that they will set up a commission to consider the issue. I hope that that commission will be as interesting as the one that was set up in relation to the Human Rights Act 1998. Many of us would like to buy tickets to sit in and watch those meetings, as there are people on it with completely and utterly diametrically opposed views. When the Minister clarifies what he is doing about the commission, which the Secretary of State for Wales has said will be in place by the end of this year, I hope that he will assure us that people with diametrically opposed views will be on it, so that we see absolutely no progress on the matter.

--- Later in debate ---

[Chris Bryant]

How do you know?

[Mr Harper]

I hear reports of his excellent chairmanship. The right hon. Member for Torfaen talked about the commission, and I will come to that at the end of my remarks. A number of Members talked about the settlement that we reached in the Parliamentary Voting System and Constituencies Act 2011. As I have said many times, it was not partisan; it was about treating every single part of the United Kingdom in the same way to ensure that each had the exact number of seats for the number of electors they have. There were many who said that because of devolution, we should ensure that Scotland, Wales and Northern Ireland had fewer seats in this House per head of the electorate, but that was something that the Government did not want to do; we wanted to ensure that we treated each part of the United Kingdom—Wales, Scotland, Northern Ireland and England—in exactly the same way, and that is what we have done in legislation. We have been very fair and even-handed.

The right hon. Gentleman talked about the Welsh Grand Committee. He should be aware that the hon. Member for Rhondda thinks that the Welsh Grand Committee is a Welsh grandstanding Committee. When we were debating the Legislation (Territorial Extent) Bill in the House of Commons, the hon. Member for Rhondda said:

“The truth is that, all too often, the Welsh Grand Committee has been a pretty futile body.”—[Official Report, 11 February 2011; Vol. 523, c. 638.]

Given that that is the view of Labour’s official spokesman, I am amazed that hon. Members made so much fuss about whether the Welsh Grand Committee could discuss the Parliamentary Voting System and Constituencies Act 2011. I drew the remarks of the hon. Member for Rhondda to the attention of the Secretary of State, and very interesting she found them.

[Mr Harper]

I sat through all the debates on the 2011 Act, and of the 40 MPs who spoke on Second Reading, a large number were Welsh Members of Parliament. Although we did not have as long to spend on the groups of amendments as we would have liked, we spent a long time talking about the Bill and its effects on Wales. Welsh MPs spoke for a great deal of time, and I had tremendous pleasure in listening to the arguments that they put forward.

My hon. Friend the Member for Cities of London and Westminster (Mr Field) drew our attention to the over-representation of Wales. That is something that many people in England—not Conservative Members of Parliament but members of the public in England—resented, and we sorted that out in the 2011 Act. We have dealt with every member of the United Kingdom in exactly the same way and treated every part fairly.

[Chris Bryant]

rose—

--- Later in debate ---

[Mr Harper]

In my experience as a constituency MP, the protocol does not work well. The cross-border issues, which, as the right hon. Member for Torfaen said, are much more important between England and Wales than they are between England and Scotland because of the way in which the population is distributed, were not very well thought through when the devolution settlement was arrived at. Many things do not work very well across borders. The experience of my constituents is that the English-Welsh border has become more of a real barrier since devolution than it was before. The hon. Member for Brecon and Radnorshire (Roger Williams) referred to that issue when he asked whether English MPs knew what they were voting for. I am not sure that they did, because the cross-border issues were not very well thought through.

The right hon. Member for Torfaen asked—at least he was fair enough to ask the question; one or two other Members put it as a statement—whether the Conservative party was still a Unionist party. It absolutely is; it is the Conservative and Unionist party. We were the only party that contested seats in all four parts of the United Kingdom. It is fair to say that our experience of contesting seats in Northern Ireland did not go as well as we had hoped, but we did contest seats in all four parts. We are a Unionist party, and we want to keep the Union together. Indeed, that is why we want to tackle the West Lothian question. Some commentators believe that any threat or damage to the United Kingdom would stem from the resentment of English voters—not MPs—so it is important to deal with the issues to keep the United Kingdom together.

My hon. Friend the Member for Cities of London and Westminster pointed out what would happen if we had a United Kingdom Government who did not have a majority in England but insisted on governing as if they did. Given that we have a devolution settlement in Wales and Scotland, the resentment that would ensue could have the effect that the right hon. Member for Torfaen fears.

This debate shows the complexity of the issue. A number of Members leapt into potential solutions, mainly focusing on what the Conservative party had set out before the election. Of course, the two coalition parties come at the issue from different angles. Unusually, my hon. Friend the Member for Cities of London and Westminster may find the Liberal Democrat federal solution more to his liking. The Conservative party had a different approach. Our agreed solution is to get the commission to examine the issue so that we can try to reach a thoughtful and sensible conclusion. We are thinking about the composition, scope and remit of that commission. Once we have finished setting that out, we will announce it to the House.

[Chris Bryant]

This year?

[Mr Harper]

Yes, this year. I have experience of setting up such a commission; in a written statement, I announced the very excellent commission on a Bill of Rights, which has a very well-qualified team of people. It will make considerable progress on that issue and on reform of the European Court.

We will announce the composition of the commission. The right hon. Member for Torfaen referred to the importance of the House of Lords; we will shortly publish our proposals and a draft Bill on House of Lords reform. Once they are published, we will set out our plans for the commission on the West Lothian question. This was an important debate that highlighted the complexities and challenges of the problem, and for that the right hon. Gentleman should be thanked.

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

Debate between Mark Harper and Chris Bryant

Tuesday 15th February 2011 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

As the Minister set out, this is a minor money resolution, and we do not have a major problem with it. However, perhaps I can use this opportunity to raise an issue in relation to the combination of polls—the reason we need this resolution—as it affects Scotland. As I am sure the Minister will know, electoral registration officers in Scotland have said that they will not now be able to perform the whole count for the Scottish parliamentary elections overnight. All they will do is the verification—both of the referendum, as the Bill requires, and the parliamentary elections—and then they will stop, leaving the count to take place on the Friday.

I understood from what the Minister said in previous debates that nothing would get in the way of ensuring that the count happened as soon as possible in Scotland and Wales, and in local government. Before the last general election, all parties combined to try to ensure that the overnight count happened. Disappointingly, the Under-Secretary of State for Scotland has refused to suggest any amendments to the Bill. I therefore wonder whether the Minister could assist us by saying something that might help to ensure that the election results are known in Scotland overnight.

[Mr Harper]

It might be helpful if I remind the House that, when the chief electoral officer set out her guidance about the count timing, she also set out a number of principles. One of her principles—which is also one of the Government’s principles that was shared across the House—is to ensure that the results of the elections to the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, as well as the results of the council elections, are counted and made known first. She was reassured by counting officers in Scotland and elsewhere, and on that basis, she made a determination about the time of the referendum count. I am sure that if she is given different information by those counting officers, she will want to ensure that her principle is upheld—namely, that we should still know the results of those elections before the count takes place for the referendum.

[Chris Bryant]

I am grateful to the Minister, but, unfortunately he has not yet replied to my letter of some weeks ago, so I am unable to know the full purport of what he is saying. The point is that we believe not only in the principle that the elections to elected office should be counted first, but that the counts for the elections to the Scottish Parliament and the Welsh Assembly and for the local elections should happen overnight.

[Mr Harper]

The rules for the referendum are set out in the scope of the Bill, but it would not be within its scope to change the law pertaining to the counting only of the votes in the elections. The important thing that we have set out about the combination is that nothing that happens with the referendum count will change the timing of the election results. I think that there was a shared view on both sides of the House that we want to see those results counted as soon as possible, so that people will know who is running the devolved nations.

[Chris Bryant]

I am sorry, but the Minister’s reply is very disappointing. Either he does not understand the law that he himself has drafted and the statutory instruments that have gone through in relation to the combination of polls in Scotland, Wales, Northern Ireland and England, or he is being—how can I put it—somewhat obtuse. The necessity for most people is that they want to know the election results on the night. However, because of the way in which the Government are combining the polls, and because of the Bill and the statutory instruments that went through at the same time, the people of Scotland will not know their election results on the night. The Minister will have unpicked one of the elements that has been absolutely standard in British history for more than 100 years—namely, that the results are announced immediately. This does not have much to do with the money resolution, Mr Speaker, but I have made my point none the less. I think that it is a great shame that the Minister has behaved in this way.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Chris Bryant

Tuesday 15th February 2011 Commons Chamber

[Mr Harper]

I am happy to take interventions, but let me at least answer the right hon. Gentleman first. Then, of course, I will take the hon. Gentleman’s point.

On the right hon. Gentleman’s point about Wales, he is quite right that Wales’s share of the House of Commons will fall from 6% to 5%, but we debated the issue in this House, the other place debated the representation of Wales, and both Houses decided that the current over-representation of Wales is not acceptable. All parts of the United Kingdom should be treated equally—

[Chris Bryant (Rhondda) (Lab)]

Apart from the Isle of Wight.

--- Later in debate ---

[Mr Harper]

In response to that debate, which—from memory—was about whether to include in the Bill a power to direct those counting the votes, I said that that would be out of scope and I confirmed that that was the case. If the hon. Gentleman is right in what he says about some returning officers in Scotland, there is nothing in the Bill that has caused them to take that decision. It is a decision that they have taken of their own volition. Some returning officers in Scotland have confirmed that they will count overnight and that there is no problem in doing so. Some returning officers have said that they do not propose to do so, but that is nothing to do with the combination of the polls. It is to do with their judgment about how they want to conduct the count.

As I was saying, similar provision about the combination of polls and postal votes has been made for those registered for other forms of absent vote. I believe that the raft of changes made to the Bill, which the Government have accepted, demonstrate that we have been willing to listen and engage constructively with both Houses of Parliament and to agree to all the proposed changes to our proposals that we believe were merited.

[Chris Bryant]

I am afraid I completely disagree with the Minister’s interpretation of events over the past few months. I wholeheartedly congratulate their lordships on the process they have engaged in, and I make no apologies for the fact that Labour MPs have been holding the Government to account in this House, or for the fact that in the House of Lords there are people who were elected previously and who are able to bring a degree of expertise to the debates when discussing elections.

I note that yesterday Sky News was reporting that the Prime Minister, David Cameron, would take revenge on Labour peers. Bring it on. In legislation on the reform of the national health service, the reform of schools and public services that everybody depends on, Labour peers down the other end will do as robust a job as they have done on the Bill. If there was anything that showed that the Government have not been acting entirely in good faith, it is today’s programme motion, which allows only four hours for 104 amendments to be considered, including the time taken for votes.

I am not sure that my interpretation of what has happened is the same as the Government’s. I say to all hon. Members in all seriousness that I fear that many Members who end up voting for the Bill will regret the day that they did so. The Government have bulldozed their way through every convention so far, ludicrously combining two pieces of legislation that should never have been in one Bill—only because that was a way of keeping the coalition together—pushing forward with no pre-legislative scrutiny of a measure that had no electoral mandate, curtailing debate in this House, for the first time ever threatening the guillotine in the House of Lords, then packing the Lords with pliant new Conservative and Lib Dem Members every day and suspending all the normal rules in the House of Lords.

We will rue the way in which the Bill was pushed through and the legislation itself, because we are not legislating on the basis of long-term democratic health for this country, or on the basis of sound principle, but solely so as to meet the partisan needs of the coalition.

--- Later in debate ---

[Mr Harper]

rose—

[Chris Bryant]

I am not going to give way to the Minister on that point, because I know what he is going to say—that it will not give the Government a majority. However, the coalition’s statement says that they intend to keep on appointing Members of the House of Lords until the percentage share of the vote in the general election is matched there. That will give a majority to the Conservatives and the Liberal Democrats. If the Minister wants to intervene now, I am happy to give way.

[Mr Harper]

I want to make it clear that we have appointed a number of peers, but that a number of them in the resignation honours list of the former Prime Minister were, of course, Labour peers. Even with the new peers who have been appointed, the coalition Government have 40% of peers, well away from a majority.

[Chris Bryant]

The Minister knows perfectly well that the Government are getting very close to the stage at which they will end up having an absolute majority in both Houses. The vast majority of peers who take part in the daily business of the House and vote with the most regularity are those who take a party Whip. Among those, there is already a majority for the governing coalition. The Labour party never had that when in government. My main point is that we have to have some brake on the Government, especially if we go forward and have an elected second Chamber. Otherwise, government becomes autocracy.

Lords amendment 104, so the Minister would have us think, effectively introduces a real opportunity for local people to have their say on proposals from the Boundary Commission. It was a Government amendment tabled in the Lords, but it was introduced in a way that was not quite as the Minister suggests. In fact, Lord Falconer had tabled an amendment and was prepared to waive it because the Government said that they would return on Report with a full process that would embody the ideas behind public inquiries. In fact, Lord Wallace of Tankerness said specifically that

“the Government’s position has been that we are open to considering reasonable improvements to the process, provided that they do not compromise the fundamental principles of the Bill, and that still remains our position.”—[Official Report, House of Lords, 26 January 2011; Vol. 724, c. 1069-1070.]

I do not know what fundamental principles of the Bill might mean that local people cannot have an effective voice, but that is what we have ended up with.

Let us be absolutely clear that what the Government propose does not meet the objections made by the Cross Benchers, Labour peers or many others who believe that local people should be able to have a proportionate say after the Boundary Commission has made proposals. For a start, the inquiries will not be local. There will be five at most across the whole of Wales and five in each region. I look forward to going to one of the five in the south-west, covering an enormous region with wide diversity. Each hearing will probably cover about 10 constituencies. I say to the hon. Member for Truro and Falmouth (Sarah Newton), who spoke earlier about Cornwall, that I do not think there is a chance in hell of local people in Cornwall having their views heard properly in the process. In addition, because of how the Bill is constructed, it will be impossible for the Boundary Commission to do anything about it even if it says that Cornwall should not be split up. The principle of the Bill to which the Minister is so adherent in some parts of the country, but not in all, is that the size of parliamentary constituencies should be equalised—too aggressively, I believe.

--- Later in debate ---

[Mr Harper]

The hon. Gentleman just said something that simply is not true. He said that no one will weigh up the arguments that are put at the public hearing, but that will happen. The boundary commissioners will look at the oral evidence and the written representations, weigh them up and make a judgment. Mr Speaker is of course the ex-officio chair, but the deputy chairman of the commissions is a High Court judge—someone who is legally qualified and perfectly able to chair a process that makes such decisions.

[Chris Bryant]

Lord Pannick made similar points to the ones I just made. He said:

“It is absolutely inevitable that the introduction of such a procedure will exacerbate rather than diminish the sense of grievance that has led people to make representations in the first place.”—[Official Report, House of Lords, 8 February 2011; Vol. 725, c. 143.]

People’s sense of grievance will be exacerbated because they will make their arguments not to an independent person who weighs them up and submits a report to Boundary Commission, but third hand to the Boundary Commission, which, as the Minister says, will then make the decision. That will lead to a greater sense of grievance about the structure of parliamentary constituencies. I say this to Government Members: every single one of you will go through that process, and you will rue the day if you do not change the proposed system.

--- Later in debate ---

[Chris Bryant]

I will not, if the hon. Gentleman does not mind, because we are on a time-limited debate and I have already given way to him once. He knows that I nearly always give way to everybody.

We have also tabled amendments to Lords amendment 27, which would allow for the creation of a committee after the next general election in June 2015 to consider the effects of the reduction of seats from 650 to 600. It is our fundamental assertion that it would make far more logical sense first to consider the role of MPs, what their job is and therefore how many MPs we need, and then to draw up the boundaries, rather than the other way around. That is why we have tabled amendments to that effect. As we have suggested many times before—Conservative Members have said this as well—there is no electoral mandate for the reduction from 650 to 600. There is no logic behind it and no Minister has ever been able to come up with a reason that figure has been chosen, other than, we suspect, the fact that if we went down to the original Conservative manifesto proposition of 585, we would lose another wodge of Liberal Democrat seats, and consequently—[Interruption.] I merely suggest to hon. Members that they might choose to table amendments to take us down to 585. However, we do not accept the way in which the motion has been advanced.

I want to refer briefly to two other issues. One is the matter to which the Minister referred in his swift run-through of minor amendments made: the issue of postal voters which was raised when we discussed the matter in Committee of the whole House. If someone is registered for a postal vote for an election in Scotland, England, Wales or Northern Ireland, will they automatically get a postal vote for the referendum? As I understand it, that is now to happen—[Interruption.] Actually, I know because I read the Electoral Commission’s report on it. Some people are concerned that others will by dint of that receive two postal votes for the referendum, because some people are registered in two places, including many MPs, who might be registered at their flat in London as well as in their constituency. They might be registered in both of those for postal votes and might then get two referendum ballot papers. That is obviously an issue that needs to be addressed. It was discussed in Committee.

[Mr Harper]

That is no different from the existing system, in which those on two electoral registers might get two ballot papers, but it is very clear—Members of Parliament will be as aware of this as anyone else—that voting twice in the referendum would be a criminal offence, as would voting twice in a general election, and I am sure that no Member of this House would want to do such a thing.

[Chris Bryant]

The Minister is being querulous. I was not suggesting that anybody wanted to do that, but there are some unscrupulous people out there who are not Members of this House who might want to do such a thing. The danger is that we will open ourselves up to an element of fraud.

My final point is about Lords amendment 18, tabled by Lord Tyler, which adds a criterion that the Boundary Commission can look at when considering the new boundaries that it draws up, namely the boundaries of existing constituencies. I am sure that all hon. Members think it a sensible idea for the boundaries of existing constituencies to be borne in mind when drawing up new constituency boundaries. I am delighted that on that, if nothing else, we agree with the Government.

--- Later in debate ---

[Mr Harper]

I think the difference is the strength of view in the other place on the matter. [Interruption.] That view was also consistent and cross party. The Labour Lords who voted in the Division in the other place all supported Lord Fowler’s amendment. It is therefore extraordinary that Labour Members are making so much noise now. The Government have acknowledged the debate at the other end of the corridor. Given my hon. Friend’s previous comments about their lordships, I would have thought that he saw more strength in the case. On the basis of the arguments that I have set out, I hope that that case will be supported.

[Chris Bryant]

I am sorry, but I think that that was the shabbiest speech I have heard from a Conservative Member. The Parliamentary Secretary appeared to suggest that Labour Members are now arguing against what we supported in the House of Lords. We support what was carried in the House of Lords: we would prefer the amendment that was carried there to be accepted here. It is absolutely shoddy that the Government, to give themselves an extra parliamentary seat, will provide for two seats for the Isle of Wight. It is not so much a gerrymander as a ferrymander.

As the hon. Member for North East Somerset (Jacob Rees-Mogg) effectively said, the Parliamentary Secretary has driven a coach and horses through his own argument. His argument so far has been that there must be equalisation at all costs. It has been, “Don’t recognise local ties, county boundaries or ward boundaries.” He tries to insist on mathematical perfection, but when it comes to this one place, there must be an exception.

We agree that there should be exceptions. We believe that there should be some other exceptions, too. The argument that the Parliamentary Secretary makes could and should apply to Cornwall, Somerset and all the counties—and, indeed, ward boundaries. We should recognise more exceptions.

--- Later in debate ---

[Mr Harper]

We have already discussed what constitutes the appropriate level of turnout, and the issue arises constantly when elections are held. However, when a general election produces a Government who may make significant changes, we do not say that a Member of Parliament has not been elected because the turnout was low. Indeed, when we debated the issue on another occasion, it was observed that a fair number of Members of Parliament would not be here if that had been the test. That is not the way in which we make judgments in this country.

My hon. Friend the Member for Epping Forest said that, as the Electoral Commission had pointed out, leaving the provisions in the Bill risked rendering the outcome of the referendum unclear both in law and on the ground. We think that the public should make the decision, and that the referendum should be binding and not subject to the turnout threshold. Our colleagues in the other place debated this proposal with their usual consideration and care, but, having done so, voted for it by the slimmest of margins—a majority of one. Having considered both the practical difficulties and the issues of principle, I believe that the arguments for overturning the decision in the other place are compelling. I ask the House to oppose both these amendments and the consequential amendment proposed by my hon. Friend the Member for Stone.

[Chris Bryant]

The Minister’s last few words were something of a giveaway. He suddenly introduced a threshold of his own: a special threshold for votes in the House of Lords, which must secure a bigger majority than one for the Government to take them seriously. That is an interesting innovation.

I will vote yes in the referendum in May, although I hear what is said by the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski), and I pay tribute to him. I recognise that the first occasion on which the House of Commons sat on its own was in his constituency, but that was only because it had been summoned to Shrewsbury first to see the hanging, drawing and quartering of the Welsh prince Dafydd ap Gruffudd—and that really was a shame.

I will support the alternative vote, which is why, in Committee, I strongly opposed what I considered to be wrecking amendments in respect of thresholds. However, I believe that this is an exceptional referendum for two reasons. First, unlike the vast majority of referendums that have been held in this country and many others, it will not just advise, but will implement legislation. That means that, if there is a yes vote, we will not have a second opportunity to consider all the elements of how the alternative vote will be implemented.

Secondly, as we have asserted from the outset, we do not believe that this referendum should be combined with elections in Scotland, Wales and Northern Ireland and with local elections, because that will produce very different turnouts in different parts of the United Kingdom. There might well be deep resentment in one part of the United Kingdom because another part, on a very different turnout, had ended up with a different result.

Legislation (Territorial Extent) Bill

Debate between Mark Harper and Chris Bryant

Friday 11th February 2011 Commons Chamber

[Mr Harper]

That is an interesting question. This is one of the key differences—not the only one—between me and the Prime Minister. He got a first, but I only got a 2:1, which probably explains why he is the Prime Minister and I am just the Minister for Political and Constitutional Reform.

My right hon. and learned Friend the Member for Kensington made several good points. Despite the attempts by my hon. Friend the Member for Christchurch (Mr Chope) to put my right hon. and learned Friend’s name forward to serve on the commission that we will set up, I noted carefully that he declined the opportunity, saying that he would be happy to give evidence to it.

[Chris Bryant]

I hope that I am not breaking a private confidence when I say that Vernon Bogdanor told me that he thought that the Minister, when he was his student, was very clever and bright and clearly destined for greater things, but that it was a shame that he had fallen among thieves of late.

[Mr Harper]

I have just looked at the expression on you face, Madam Deputy Speaker, and I think that I am going to be generous and describe the hon. Gentleman’s use of the word “thieves” as an attempt at humour. I do not think that it was a very successful attempt, but this is perhaps the best way to get him out of the difficulty that he might otherwise have got himself into.

--- Later in debate ---

[Mr Harper]

In view of what I think the hon. Member for Rhondda was saying about the way in which the Committee had behaved from time to time, I think he was making it clear that he felt it was a Welsh grandstanding Committee. I think that it is helpful to get that point on to the record.

[Chris Bryant]

Well, this is a grand debate, isn’t it? The truth is that, all too often, the Welsh Grand Committee has been a pretty futile body. It is all the more futile when the Government give it matters to discuss that its members do not want to discuss, and when those decisions are made only by the Government and not by the Committee’s members.

[Mr Harper]

rose—

--- Later in debate ---

[Mr Harper]

I am grateful to my hon. Friend for that clarification. It comes back to the comments of my hon. Friend the Member for North East Somerset that the Bill does nothing harmful, but nor does it take us much further forward. I start from the position, as do the Government, that we should not legislate for unnecessary matters that do not add anything.

[Chris Bryant]

A clear example is to be found in the explanatory notes to the next Bill that we will consider. In relation to the territorial extent and application, the notes state:

“The Bill extends to (that is, forms part of the law of) England and Wales. The terms of clause 1, however, mean that it will only take effect within England.”

Often, there is not the clarity that an ordinary person might want and seek, even when we put something on the face of a Bill.

[Mr Harper]

The hon. Gentleman makes a good point about the fact that, even when something is required, it is not always executed brilliantly. Even if the requirements in the Cabinet Office guidance on drafting legislation were put into statute, that would not necessarily mean that they would be better executed than they are currently.

In practice, the financial aspects of the Bill would also have little consequence, because the present arrangements already require all new UK-wide legislation to specify the financial impact and to be drafted within a Department’s existing funding plans. Therefore, no new Barnett financial consequentials would arise, as a matter of course. Bills that deal with reserved matters have no Barnett consequentials attached and do not have significant impact on different Administrations.

In relation to how legislation is drafted, the Bill does not take us much further forward. Effectively, it puts into statutory form what the Government currently intend and do, thus losing a little flexibility. However, my hon. Friend the Member for North East Somerset put his finger on it when he observed that the West Lothian question is complicated. While the Bill may lead us to a potential solution, it may not be the one that the commission comes up with.

Finally, let me do what I was invited to do by my hon. Friend the Member for Christchurch (Mr Chope), and remind the House that the Government have made a commitment to set up a commission to examine the West Lothian question. Although the coalition parties approach the issue from different angles, they have made a common commitment to resolve the question. In the Conservative party manifesto, we promised to

“introduce new rules so that legislation referring specifically to England, or to England and Wales, cannot be enacted without the consent of MPs representing constituencies of those countries.”

The Liberal Democrats’ manifesto said that they would

“Address the status of England within a federal Britain, through the Constitutional Convention set up to draft a written constitution for the UK as a whole.”

Although the coalition parties came up with very different solutions to the West Lothian question, both parties consider it important to attempt to answer it, and neither party believes that it is possible to answer it by ceasing to ask it. We consider it a serious question that will be best tackled when we can tackle it in a calm and reasonable manner rather than waiting for a crisis.

I can confirm that we will set up the commission this year, as, indeed, my hon. Friend the Member for West Worcestershire established through her perceptive questioning. We had hoped to make announcements to the House at an earlier stage, but I look forward to making them in the not-too-distant future, and the commission will then be able to consider the ideas that have been advanced today. Hon. Members have effectively made bids to participate, either as members of the commission or in giving evidence to it. I hope that it will arrive at solutions that we can subsequently debate.

I urge my hon. Friend the Member for West Worcestershire to withdraw her Bill, to participate in the commission in whatever way proves appropriate, and to continue to take part in this important debate. The Government are keen to answer the question and deal with this important matter, but I am not sure that my hon. Friend’s Bill provides the right way of going about it, and I think it right to test the opinion of the House.

Fixed-term Parliaments Bill

Debate between Mark Harper and Chris Bryant

Tuesday 18th January 2011 Commons Chamber

[Mr Harper]

I am grateful, Mr Deputy Speaker. I think that I drew a distinction between certain Members of the other place and the other place in general, about which I have no complaint.

My hon. Friend the Member for North East Somerset explained very clearly the effect of his new clause 3, and he was concerned about changes to clause 1 being made using powers in the Parliament Act 1911. It is already the case—this is a subject on which I agree with the hon. Member for Rhondda (Chris Bryant)—that the Parliament Act cannot be used to push through legislation that extends the life of Parliaments. One hon. Member—I think it was my hon. Friend the Member for Stone (Mr Cash)—pointed out that because of the Bill’s provisions allowing the Prime Minister to vary the date of an election by up to two months in an emergency, we cannot use the Parliament Act to push this legislation through against the wishes of the upper House. However, the new clause tabled by my hon. Friend the Member for North East Somerset would, as the hon. Member for Rhondda said, also prevent this House from reducing the length of a Parliament without the agreement of the other place. It does not seem desirable to put that provision in place.

Section 2 of the Parliament Act 1911, to which my hon. Friend’s new clause refers, sets out important rules about the relationship between this House and the other place. Those rules have been in place for some time, and the Government certainly do not intend to start changing that relationship. It is already the case that we cannot lengthen a Parliament, and given what I have said, we do not want to start changing the Parliament Act as my hon. Friend’s new clause would.

[Chris Bryant]

I presume that the Minister is therefore confirming that the Bill does lengthen a Parliament.

[Mr Harper]

Yes. The Bill sets out a five-year term, and in an emergency it would be possible for the Prime Minister to vary the length, so we cannot use the Parliament Act to enact it. That is a perfectly straightforward point. It is in the Bill; it is no great secret at all.

[Chris Bryant]

You denied it in Committee.

[Mr Harper]

No. It is very clear in the Bill. I do not think that the issue arose in Committee.

The hon. Member for Dunfermline and West Fife (Thomas Docherty) also put his finger on this issue when he correctly drew attention to it in an intervention on my hon. Friend the Member for North East Somerset. If my hon. Friend presses the new clause to a vote I shall ask hon. Members to oppose it.

My hon. Friend the Member for Stone, in speaking to new clause 5, said that the Fixed-term Parliaments Bill was about perpetual coalition arrangements. It is not about fixed-term Governments, but about the length of Parliaments. All it does is take away the Prime Minister’s power to dissolve a Parliament and bring it to an end. It replaces that right with two provisions that establish no-confidence procedures, which we have already, and give Parliament the opportunity to vote for an early Dissolution.

--- Later in debate ---

[Mr Harper]

Exactly; it is a very cunning new clause. My hon. Friend the Member for Stone put his finger on the point that an amendment simply to take away clause 2 would have been a wrecking amendment. The power of revival is the cunning disguise in which the new clause is wrapped.

My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) described clause 2 as a fig leaf. I do not agree with that characterisation, but even if the House agreed with it, I am not sure that hon. Members would be as keen to remove the fig leaf as my hon. Friend the Member for Harwich and North Essex appeared to be. [Interruption.] No, that is what he said. He said that it was a fig leaf and that he wanted to remove it.

My hon. Friend the Member for Stone seemed to establish a new doctrine in his speech. He seemed to be suggesting that all Acts of Parliament should lapse at the end of a Parliament, just in case the new Parliament is of a different complexion and its Members disagree. He said that the House should not bind its successors. It is perfectly true that the House cannot bind its successors, because each successive Parliament can repeal Acts; that is the normal way. However, it is not the normal procedure for all Acts to lapse at the end of a Parliament, just in case the new Parliament disagrees with them.

The Government hope, although they cannot bind their successors, that the public and future Parliaments will find the arrangements in the Bill acceptable and will keep them in place. Future Parliaments are, of course, at liberty to change them. However, we do not think that there should be what my hon. Friend the Member for Stone described as a sunset clause to remove the powers. If clause 2 were removed as he suggested, it would effectively give back the power to the Prime Minister to dissolve Parliament at will. We have argued throughout the passage of the Bill that that would be undesirable.

[Chris Bryant]

Many of us believe that the Prime Minister has that power even under the Bill, because all he has to do is table a motion of no confidence in his own Government, to which the Opposition would almost always agree, and there would be a general election. Be that as it may, I am sure that the Minister argued and voted for sunset clauses in relation to control orders, which, I understand, will expire next Monday. Is the same provision not necessary in this Bill?

[Mr Harper]

No; the Government’s intention is to change the system so that there are fixed-term Parliaments, apart from in the two possible cases set out in the Bill. We think that that is a desirable change. If the public and future politicians agree that it is desirable, it will stand the test of time. That is what we hope for and what we have argued for.

My hon. Friends the Members for Stone and for Harwich and North Essex raised concerns about the two procedures in clause 2—motions of no confidence and motions on early elections—that allow for early elections. However, the House of Lords Constitution Committee was fairly supportive of those measures.

The Committee said that it was

“sensible for the Bill to contain some form of safety valve which would allow for an early election in circumstances such as the government losing the confidence of the Commons or where a political or economic crisis has affected the country”,

and concluded that the safety valves that we had included were appropriate. The Committee also looked at the risk of the courts intervening, which my hon. Friend the Member for Harwich and North Essex mentioned, and concluded:

“The risk that the courts may intervene in any early dissolution of Parliament by questioning the Speaker’s certificate is very small”,

adding:

“we do not consider the risk to be sufficient to warrant a rejection of clause 2 of the Bill.”

Based on what the House of Lords Constitution Committee has said, I, unlike my hon. Friend the Member for Stone, am confident that when this House approves the Bill, as I hope it will, and it is debated in their lordships’ House, they will give it proper scrutiny, but in the end give it a fair wind and pass it. However, if my hon. Friend presses his new clause 5 to a vote, I will urge all hon. Members to reject it and to keep clause 2 as it stands.

--- Later in debate ---

[Chris Bryant]

I suppose it would, but I am not in favour of five-year terms. Political events change at a dramatic pace these days and a five-year term would not meet that requirement. I suspect that such an arrangement would mean that Governments both here and in the devolved Administrations would more regularly be at the fag-end of their sense of having a mandate, and a four-year provision would be much better. I am sure that we shall return to this matter on Third Reading.

I have no desire to delay the House, Madam Deputy Speaker, and I think that I have made my point. In essence, it is that we believe it would be better to have a four-year fixed-term Parliament, because that would help us to avoid the elections for the devolved Administrations coinciding with the general election. We need change only one other measure to make sure that that never happens; we need to provide that we do not start the clock again when there has been an early general election. The Government’s intention is to try to make us fall into the rhythm of fixed-term Parliaments and not have lots of early general elections, and such a provision would give people an added incentive not to seek an early general election because they would know that they would then have only a short Parliament before the next general election, which would fall on the previously arranged date. Without any further do, I shall conclude and I look forward to hearing from the Minister.

[Mr Harper]

The amendments relate to the date of the election and it is worth touching on the points that a number of hon. Members have made about the coincidence of the proposed date of 7 May 2015 with the date of the devolved elections. It is worth saying, as we said in Committee, that it is entirely possible and, indeed, likely that, regardless of whether or not this Bill was introduced, the UK general election could have been held on the same day as those devolved elections if this Parliament had run for five years. In some sense, the Bill provides an opportunity, because it has highlighted and crystallised that fact at an early stage, when we have the chance to debate the consequences and do something about it.

As the hon. Member for Rhondda (Chris Bryant) said, and as we discussed in Committee, I wrote to all the party leaders in the Welsh Assembly and the Scottish Parliament proposing to give their Assembly or Parliament the power to extend its term by up to six months. That was to go alongside the existing power to shorten the term by six months to provide a window of a year in which it could vary the date of the election to avoid that once-in-20-year coincidence with the Westminster election.

--- Later in debate ---

[Mr Harper]

I heard very clearly what the hon. Gentleman said in his intervention on the hon. Member for Rhondda, and I was going to refer to that point anyway. Let me finish this part of my speech and I shall come on to that.

I wrote to the party leaders. They wrote back and I think it is fair to say that they were underwhelmed by the proposal to give the Welsh Assembly and the Scottish Parliament the opportunity to extend their term by six months to provide that one-year window. For that reason, the Government did not table an amendment on Report, as we had suggested that we might if the responses were more positive. The party leaders and Presiding Officers raised some other points, some of which the hon. Member for Rhondda has raised today, about alternatives. We are considering them and will write back to the party leaders as well as keeping the Opposition and the House informed. For the benefit of Members, I should say that copies of the letters that I have written have been placed in the Library of the House today.

[Chris Bryant]

I am grateful for the tone in which the Minister is responding to this part of the debate. For his information, his office sent me a letter by e-mail today, apparently responding to a letter I sent him on 21 December. It was in fact a letter about something completely different, so if he could arrange for the actual letter to be sent to me, I would be grateful.

[Mr Harper]

I replied to a letter that the hon. Gentleman sent to me. He might find—I can absolutely get him a copy—that the letter about the letter to the party leaders went to the shadow Secretary of State’s office today. I can make sure that the hon. Gentleman gets a copy directly and, as I said, I placed copies of those letters in the Library of the House.

The Electoral Commission’s letter made some sensible points about considering all the issues raised by combination. It seems to me that there are two kinds of issues: first, the practical delivery of elections—how we make the mechanics run—and, secondly, making combination easier. That is not just related to the devolved elections and those for the Westminster Parliament. The fact is that whether or not one agrees with the Government’s proposals, we are proposing elected police commissioners and some elected mayors, so there will be more elections and more of them will take place on the same day. Therefore, we need to make that easier. Another issue that came up in the debate, which is serious and valid, concerns the extent to which media coverage and so on means that two different conversations can be going on at the same time for different elections. That will obviously engage the political parties, broadcasters and people more widely.

The Electoral Commission’s suggestion is very good, but it has not taken place to date. The Government think there is some support for it, but given where we are in the timetable and given that my right hon. Friend the Secretary of State for Northern Ireland wanted to consider the experience of the combined elections in Northern Ireland this year, it might be a good idea to consider what happens with the referendum and elections in May—in only a few months’ time—and use that experience to kick off some project along the lines suggested by the hon. Member for South Antrim (Dr McCrea) once the Government have considered the suggestions from the party leaders. That might give us a possible route forward.

[Chris Bryant]

The Minister referred to elected police commissioners and more directly elected mayors. Will he confirm that they will all also be on four-year terms, rather than five-year terms? If he wanted to provide a little more tidiness—I can see him smiling, because he knows how this sentence will end—he could change this five-year fixed-term Parliament to a four-year Parliament, even if he only did it for after 2015.

[Mr Harper]

Not representing a valleys constituency, I do not have the same urge for tidiness as the hon. Gentleman. I am happy with our relatively untidy constitutional settlement. I have no problem with that at all.

--- Later in debate ---

[Mr Harper]

The hon. Lady makes a good point. When the Deputy Prime Minister and I introduced the Bill, we said that a UK general election coinciding with a devolved legislature election would be qualitatively different from a referendum campaign coinciding with a devolved legislature election for the very reason that the hon. Lady says—there would be a narrative and a debate going on and there would be questions about whether the media, newspapers and broadcasters would fairly cover both parts of the debate and whether the public could therefore take properly informed decisions in both elections. We need to consider that issue with all the parties and broadcasters and see whether there are ways around it.

Let me address amendment 1, which my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) moved on behalf of the Select Committee on Political and Constitutional Reform. The intention of the amendment is to clarify that, in the event of an early general election—before 7 May—under subsection (1) or (2) of clause 2, the general election specified in clause 1(2) would not take place, but the Bill already makes it clear that the general election of 7 May 2015 would take place only if no intervening early general elections under the procedures in clause 2 had occurred. Clause 1 sets the date for the first scheduled general election, “subject to” clause 2—those words appear in the first subsection of the Bill’s first clause. If there were an early general election, it would replace the election of 7 May. The Select Committee has been very helpful in scrutinising the Bill and its amendments have brought about some good debates. Amendment 1 is good in that it has enabled this debate, but it is not necessary because the Bill is already clear.

Amendments 10 and 11, which the hon. Member for Rhondda spoke to, would mean that the parliamentary term following an early general election would last only for the remainder of the previously scheduled term. To use a phrase that the Committee used in its report, it would keep the clock ticking on the five years whether there was an early general election or not. There has been quite a lot of speculation among academics and others on whether that would act as a disincentive for a Government or strong Opposition to engineer an early general election because a new Government would get a term of perhaps only a few months. We did think about that, and we debated it in Committee. The flip side to that is that there is an election in which a Government get elected, perhaps with a significant majority, quickly followed by another election. That explains the Government’s choice of wording.

There is a technical problem with the amendments. An early election could take place just before the scheduled election but the scheduled election would still be held. The rules for the devolved assemblies provide a window, so that if the early election takes place very close to the scheduled election, the scheduled election does not take place. If the early election is more than six months before, the scheduled election still takes place. As the amendments are drafted, there could be an election only weeks before the scheduled election, and the scheduled election would still have to be held. That would not make a great deal of sense.

[Chris Bryant]

The Minister is right; that would be the eventuality. However, I think that would fly in the face of what in practice would happen politically, because some six to nine months before a general election people would choose not to bother to militate for an early general election—they would just accept that the next general election was coming. I understood that that was what the Minister was trying to achieve—fixed-term Parliaments.

[Mr Harper]

The hon. Gentleman was hypothetically pessimistic earlier. Now he takes the opposite approach: he is being hypothetically optimistic. The Government’s view was that we could have that early general election and the Government could be returned with a large majority, and we think the public would expect that Government to govern.

Interestingly, the Constitution Committee in the other place agreed with the Government’s approach. Its report concludes that a newly elected Government should have a full term of office, and that the Government would present its programme to Parliament through the Queen’s Speech, which, of course, is traditionally considered to be a test of confidence. We think that in that situation the Government should have the right to carry out their programme for the full five years, and it would make little sense to ask the voters to go back to the polls when they had sent out a clear message.

I accept that that is a debatable point—we had a significant debate in Committee—but let us look at it from the public’s end of the telescope rather than our own. If we were to have an early general election, because the Government had lost a confidence vote or because there had been a general sense that we should have an early general election, it would seem a little ridiculous if the public had made a clear choice, sent a Government into office with a significant majority, and then a few months later were back doing it all over again.

I think that, on balance, the Government’s decision and the current drafting of the Bill make sense. I urge my hon. Friend the Member for Carmarthen West and South Pembrokeshire, on behalf of the Select Committee, to withdraw his amendment 1 and I urge the hon. Member for Rhondda, just for once, to think about whether he really wants to press amendments 10 and 11 and potentially force the British people to undergo election after election in close succession—something which neither he nor I would want to achieve.

Prisoners (Voting Rights)

Debate between Mark Harper and Chris Bryant

Tuesday 11th January 2011 Westminster Hall

[Chris Bryant (Rhondda) (Lab)]

I, too, wish you, Mr Benton, and all Members present a happy new year. I also wish myself a happy birthday, although I note that no one offered that unto me. I congratulate the hon. Member for Kettering (Mr Hollobone) on securing the debate. It is right that we should have the debate here and, as several Members have said, that there should be a proper debate in the Chamber so that many of the issues can be elaborated at greater length, so I hope that that will happen.

I do not wish to disturb the equilibrium between myself and the Minister, but I must excoriate him slightly, because thus far there have been only written ministerial statements on the matter. The policy should have been announced in the Chamber, not by written ministerial statement, and I say that because the Minister said on 2 November 2010:

“when decisions have been taken they will be announced to the House at the Dispatch Box in the usual way.”—[Official Report, 2 November 2010; Vol. 517, c. 722.]

That is not what happened. A written ministerial statement was snuck out—I never know what the past tense of sneak is—or sneaked out.

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

Put out?

[Chris Bryant]

Put out is less pejorative, and I want to be pejorative on this point. The statement was snuck out the day before Parliament adjourned for the Christmas recess. That is an inappropriate way to deal with Parliament, let alone with the politics of making a significant constitutional change in this country.

I am afraid that on this occasion I agree with neither my hon. Friend the Member for Stretford and Urmston (Kate Green), nor our new knight, the hon. Member for Worthing West (Sir Peter Bottomley), whom I congratulate on his knighthood. I believe that the tradition that prisoners should be unable to vote is older than the Forfeiture Act 1870, because prior to that, the property qualification was so significant that, in practice, prisoners would have been unable to vote anyway. Merely referring to the 1870 Act, although that was the point at which the idea was qualified in statute, is irrelevant. It is an old tradition and a fine one. I think that when one forfeits the right to liberty, one should forfeit the right to vote.

However, I disagree with those who have said that we should leave the European Court of Human Rights. I think that David Maxwell Fyfe was a pretty odious Home Secretary, but I agree with those who argue that he did a good job at Nuremberg in trying to ensure that human rights were protected across Europe. It is difficult for us to argue with Russia that it should comply with the European Court of Human Rights in cases such as that of Sergei Magnitsky if we do not comply ourselves.

I also believe that the Government have been entirely wrong to gold-plate the provisions that are being brought forward. If the cut-off comes at four years, that will mean that people who have committed many very serious crimes, including violent crimes and crimes of a sexual nature, and electoral crimes for that matter, will be able to vote, which I think is inappropriate. That will mean that close to 30,000 people in prison will be able to vote. Notwithstanding the comments that other Members have already made, I think that there will be logistical problems in various areas in the country, which I will move on to in a moment.

The proposals are far more generous than the arrangements in other countries. The hon. Member for Kettering referred to several countries but not to Belgium, where the line is drawn at four months. I wonder whether the Government simply got the words “months” and “years” wrong, because opting for four months would allow them to comply with the Court. In Austria the requirement is one year. In France there is an element of judicial decision making on who gets the franchise—I think that the Government intend to introduce that here—as the court decides whether someone should be deprived of the right to vote as part of the sentencing. The hon. Member for Esher and Walton (Mr Raab) commented earlier on how the French approached the creation of the Court in the first place and that their system arose because the Napoleonic code had always stipulated that. Of course, 13 countries still have complete bans, although it must be said that they are not countries that we would hold up as exemplars of liberal and civilised societies that comply with human rights.

I have 10 questions for the Minister, although I realise that he may be unable to answer all of them. I hope that he will write to me on any that he is unable to answer today, as the deputy Prime Minister has not responded to any of the letters that we have written to him on the subject—it has been quite some time now and I am looking forward to those replies. First, the current prohibition on votes for prisoners was introduced through primary legislation in the Representation of the People Act 1983, and amended by the Political Parties, Elections and Referendums Act 2000. Can the Minister confirm that the amendments to statutes to enable prisoner voting will be done though primary legislation, rather than secondary legislation, so that it can be amended on the Floor of the House? Secondly, were we to proceed with a one-year ban, rather than a four-year ban, can he confirm that that would meet the requirements of the Court and that, therefore, the four-year ban is entirely of the Government’s choosing?

Thirdly, can the Minister confirm that more than 28,000 prisoners will be given the vote under the proposals, including around 6,000 who have committed violent crimes and 1,800 who have committed crimes of a sexual nature? Fourthly, the written ministerial statement states that prisoners will be able to vote in an area where they have a local connection. That seems, contrary to the remarks made earlier by several Members, to be a rather loose way of determining where they vote. What will happen if a prisoner wants to be registered in their prison, rather than in their home, or if they are registered in the place where they last lived but someone else is now living there? Frankly, they might not want someone who is serving time in prison to be registered to their home address. What provision have the Government made to ensure that that will not affect householders in their credit rating and in other ways? Will prisoners be entitled to anonymous registration, or will they be included in the electoral register, including details of their last known address, and what provisions will be made for candidates to be able to canvass prisoners?

As I understand it, the Government intend to allow judges to make specific recommendations on depriving people of the vote. On what grounds will a judge be entitled to remove the vote? Following the comments made by other Members, are there particular crimes that, while they might be subject to relatively short sentences of less than four years, should in all cases still see the perpetrator banned from voting? In particular, will the Government ensure that judges receive guidelines on when it will be expected that the vote be removed, and will those guidelines be made available when a Bill comes before the House? Will mentally disordered offenders or prisoners detained in mental health hospitals awaiting sentencing be entitled to vote under the Government’s proposals? I hope that the Minister can answer many of those questions. Many Members are understandably angry about out inaction in the past, but I must say that I prefer our inaction on the matter to the Government’s action thus far.

Parliamentary Representation

Debate between Mark Harper and Chris Bryant

Tuesday 11th January 2011 Westminster Hall

[Chris Bryant]

Yes. For some strange reason I seem to have been up in Oldham recently. Oldham East and Saddleworth feels as it if it has been slammed together with no consideration of what constitutes a community.

I do not want to focus too much on that issue; I really want to talk about equalisation of seats. I cannot remember which hon. Member said it, but it is absolutely right that the apparent party political advantage to the Labour party from the fact that it takes more voters to elect a Conservative MP than a Labour one is far more to do with turnout than anything else. The equalisation of seats will make barely any difference, according to calculations done by virtually every academic so far, to the partisan advantage of one political party or another. For that matter, a 5 or 10% leeway would not make a great difference, on a partisan basis, to one or other party. In Labour constituencies there have tended to be smaller majorities, but still safe seats, whereas a Conservative safe seat tends to have a very large majority, because there is a much higher turnout.

I support equalisation to an extent, and certainly as things stand the situation is not right; it is not acceptable and there should be greater equalisation. However, I worry about the Government trying to get 99% of all seats within a very tight band. That is a much tighter band than in any other country, and it is being done on the basis of registered electors, whereas most other countries use population. The hon. Member for St Ives was right when he said it would be a mistake if, because of the Bill, we ended up with—I think these were his words—“antiseptic constituencies” with permanently mobile boundaries. That would not be good for representation of views in Parliament or for ensuring that a full cross-section of British society is here. Nor would it make it easier for people to understand who represents them, and to maintain that continuity.

To give one tiny instance, if a constituent comes to a Member with a case and the Member takes it up, it might take many years, as did many of the miners’ compensation cases that I took up. Someone whose Member stops representing them because of the boundary change must start all over again, from the beginning, because the data protection people have said that MPs cannot hand the file over to another MP. [Interruption.] The Minister is saying something. I do not know whether he wants to intervene; perhaps he will respond later.

On a point of information, international comparisons are often cited regarding the need for greater equalisation. In fact, in the United States of America, if the same equation is made concerning how many voters it takes to get someone elected, Wyoming has nearly 10.5 times the representation, for population, of California. They base their arrangements not on registered or eligible voters, but on population. Sometimes it is good to equalise—but only to an extent.

It is important to recognise the distinctness of various parts of the country when we are drawing up boundaries. Some have already been mentioned. The Isle of Wight was referred to in some of the debates we had in the House of Commons. We believe that the distinctness of the Isle of Wight should be recognised in the statute, and hold a similar belief regarding Cornwall. I note that yesterday was the anniversary of the crossing of the Rubicon. I do not know whether the crossing of the Tamar is still an ambition of the Government. In one sense, Cornwall is only administratively in England. It has a distinctness that should be recognised. If there were a referendum in Cornwall on whether Cornwall should have Cornwall-only seats, there would be an overwhelming majority in favour. I hope the Government will think again on that matter.

Many of the same issues apply to Anglesey, though in that case it goes the other way in being too small, as opposed to the Isle of Wight being too large. The point was made about Argyll and Bute, and, although it did not sound like special pleading, of course it was. However, the point was well made: it is in many ways a sparser constituency than the highland seats. There is a strong argument for the distinctiveness of Argyll and Bute.

Although I understand the issues about Wales—in particular north-west Wales, where there is a high concentration of people with Welsh as their first language—a drive towards equalisation may, and in some academics’ views will, lead to no parliamentary seat having a Welsh-speaking majority. That would be a mistake in terms of how the British Parliament is viewed in Wales, and would incense a greater sense of nationalism. The Government should recognise that.

My final point on specifics that should be recognised concerns estuaries. The hon. Member for Argyll and Bute (Mr Reid) referred to sea lochs, but it is important that wide estuaries such as those on the Mersey, the Humber, the Clyde, the Forth and the Thames should not be crossed when creating parliamentary constituencies. Some argue that that should apply to Welsh valleys, because of their peculiarities. It would seem odd if a small part of the top of a valley—even if there was no connecting road—was bunged into another constituency. However, I think most issues in the Welsh valleys can be addressed; there is no specific reason why not.

A 10% rather than a 5% leeway would mean there was no need to cross ward boundaries in the creation of seats. In some of the big city conurbations, that is important. There would be no need to cross county boundaries—all geographical and physical necessities that the land, or God or whoever has given us could be met, and there would be no dramatic harm to the representativeness that the Government seek to achieve in aiming for equalisation. I hope that, in striving towards their measures, the Government will look again at whether 10% might not be a better leeway than 5%.

I want briefly to say a couple of words about the number of seats in Parliament. The hon. Member for Argyll and Bute said that the number has always crept up, except when the Irish Free State was created and we cut the numbers. However, the measure we should think about first is the nature of the job of a Member of Parliament. International comparisons were made by the hon. Member for St Ives. However, to compare the UK with Spain, France or Germany—where Governments are not constituted in the same way—is to compare apples with pears and is therefore mistaken. Similarly, the powers held by parliamentarians in those countries are very different. In France, much more is devolved and done by councillors. We have far fewer councillors—one for every 3,000 voters, whereas in France it is one for every 110. Those comparisons do not bear examination.

As MPs, we create the Government; we are the electoral college, as it were, for the Prime Minister and the whole of the Government. All Ministers have to come out of Parliament, because the amendment in the 1689 Bill of Rights was lost. Dramatic cuts in the number of MPs would be a mistake. The number of constituents has grown and grown over the years, as has the amount of casework we are expected to do.

I have two final points. I wonder how the AV Bill—I cannot remember what it is called—

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

The Parliamentary Voting System and Constituencies Bill.

[Chris Bryant]

From a sedentary position, the Minister has helped me out. I wonder how the Bill is doing in the House of Lords. As I understand it, the Bill has to be out of the House of Lords in February in order to have the referendum in May. With another 70, 80, 90 sets of amendments, I wonder whether it is now possible for the Bill to have the two weeks between Committee and Report stages in the House of Lords, and come back to the House of Commons. I urge the Minister—indeed, I make him an offer: if he splits the two elements of the Bill, as we urged in the beginning, we could help him get his AV referendum in time for May.

House of Lords reform has been briefly mentioned by several Members. When are we going to have that Bill? It was originally going to be before Christmas, then at the beginning of the year, then in January. We hear rumours of March, April and May. When will we get the Bill?

Fixed-term Parliaments Bill

Debate between Mark Harper and Chris Bryant

Wednesday 1st December 2010 Commons Chamber

[Mr Harper]

I am not relying on it for the passage of the Bill. I was referring to the issue raised by my hon. Friend the Member for Epping Forest, who last week, on behalf of the Political and Constitutional Reform Committee, raised some potential scenarios with which she was uncomfortable. I believe, and the Government believe, that those scenarios are indeed, as my hon. Friend says, theoretical, and extremely unlikely to happen. My point is that if a Prime Minister behaved unconstitutionally in such a theoretical and extremely unlikely way, a mechanism that already exists would be invoked. However, the Government contend—and I agree with my hon. Friend on this—that both sets of circumstances are highly unlikely. It is our contention that the eventuality to which my hon. Friend has referred would not be necessary, because a Prime Minister would not behave in a way that stretched constitutional convention to breaking point.

[Chris Bryant (Rhondda) (Lab)]

I must say that this is the second very worrying route the Minister has gone down. He is saying that if the Prime Minister were to behave unconstitutionally, the monarch would act. How would the monarch know whether the Prime Minister had acted constitutionally or unconstitutionally?

[Mr Harper]

I am not setting out anything that is groundbreaking; this is the position that exists now. I agree with my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) that there would have to be an extraordinary set of circumstances; indeed, I said as much. I did so because I was referring to a point my hon. Friend the Member for Epping Forest made last week in raising some concerns of the Select Committee’s concerns. My view is that those concerns are not well founded because the events they address are extremely unlikely to happen and are only really theoretical in nature, but there is a response to them if they were to happen.

--- Later in debate ---

[Mr Harper]

Her Majesty would, indeed, take advice from, for example, her Privy Council and her other legal advisers.

[Chris Bryant]

Let us be absolutely clear: as I understand it, the Minister is saying that if the Prime Minister were “unconstitutionally”—to borrow the Minister’s word—to engineer a motion of no confidence in himself, for instance by tabling a motion of confidence in himself and urging his supporters to abstain, the monarch would sack him.

[Mr Harper]

I am not setting out particular scenarios. I was making the point that we can set out some theoretical propositions that have not happened and that we think are extremely unlikely to happen. I was simply setting out that if such a theoretical and unlikely event, to use the words of my hon. Friend the Member for North East Somerset, were to happen there is a constitutional long-stop. That was all I was saying, and I think the hon. Gentleman is making rather too much of it, as it is not a new point.

[Mr Harper]

The fact is that some of these things can happen under our existing constitutional position; they are not triggered by anything we are providing for in this Bill. Our flexible constitution has worked rather well over the years in dealing with events that have not been thought of in advance, and I see no reason to undertake a rather more significant constitutional rewrite.

This Bill is intended to do one specific thing, which is remove from the Prime Minister the power to seek a Dissolution of Parliament. It makes the necessary changes to do that, but it does not seek to make changes that are not necessary to do that; it does not seek to go wider than achieving that particular change, and I think that is very sensible.

My hon. Friend the Member for Epping Forest also asked last week how the Bill strengthened the power of the House to throw out a Government. Giving statutory effect to the vote that could bring about a general election, rather than simply relying on the conventions, strengthens the power of the House. The Bill transfers from the Prime Minister to this House the power to decide whether there will be an early general election. If I remember rightly, my hon. Friend did, however, say that she is broadly supportive of the measures in the Bill, as, I think, is the Select Committee.

The hon. Member for Rhondda (Chris Bryant) asked a number of questions last week. He asked whether the Bill should contain a provision to ensure that a motion of no confidence is given precedence so it is debated without delay. He is aware—he mentioned this last week—that there is a convention that the Government find time to debate a motion of no confidence tabled by the official Opposition. That is a long-standing convention, which has been followed by Governments. Also of course, it would always be open to the Opposition to table an amendment to a Government motion, changing it to one of no confidence to ensure that that was debated.

The hon. Gentleman also raised a number of related points about whether particular votes could be considered motions of no confidence and whether it was appropriate for the Speaker to rule on such matters. I think I am right in saying that he was concerned that the Bill would give too much discretion to the Speaker. The Government do not consider that to be the case. We would expect the Speaker by and large to take a fairly literal approach to clause 2(2). We do not think the Speaker would be left with appreciably more discretion in dealing with this sort of question than he already has, for example under the Parliament Act 1911 when he has to certify whether a Bill is a money Bill. That is a decision he makes; it is for him. It seems to me that that is a sensible amount of discretion for the Speaker to have, although I accept it is on a different issue.

[Chris Bryant]

The Minister is right, of course. In fact, at present Members of the House of Lords are fiercely contesting the Speaker’s decision on whether certain Bills are money Bills. My point, however, is that all that that determines is whether or not a Bill can be debated in another Chamber, whereas under this measure it would determine whether or not we had a general election and the Government had fallen. That is a very big decision to be placing in the hands of the Speaker, which heretofore has never been in the hands of the Speaker.

[Mr Harper]

There are two issues there. I will not dwell on the money Bill issue to any great extent, because if I were to do so you would rule me out of order, Ms Primarolo, but I have read the account of the debate in the other place to which the hon. Gentleman refers and the other place is not challenging the Speaker’s ability to rule on whether a Bill is a money Bill. It is simply disagreeing with the consequences of that, and arguing that if something is a money Bill it is perfectly appropriate for the upper House to debate it in Committee and pass amendments to it, recognising that legally those amendments will have no effect if the House of Commons chooses not to take them into account. The upper House is therefore not challenging the Speaker’s right to make that decision.

The hon. Gentleman is also not right to say that this is about the Speaker deciding, effectively, whether to bring down the Government. That would be a decision for the House. The Speaker would have to make a decision about certifying something as a vote of confidence. As we debated last week, it would be extraordinary if the House were debating a motion of confidence—which the Speaker would certify as such—with everybody remaining in ignorance of the fact that it was a motion of no confidence in the Government. I simply do not think that would happen. Everyone would be very well aware of the fact that it was a motion of confidence—that it had that import to it. It would be for the House to vote on the matter, and the Speaker would then certify in a way that means the decision is outside the ambit of the courts.

--- Later in debate ---

[Mr Harper]

As I said, my hon. Friend the Member for Stone is away on parliamentary business and, as he has perhaps not reached 21st century methods of communication, my words are unlikely to reach him in a timely way. So I can only urge him not to press his amendment to a vote, but I suspect that the decision on that will be for others, not for him.

[Chris Bryant]

As it happens, I agree with the Minister on this amendment. However, the one area that it will be worth considering on Report is whether it would be sensible to have a motion of confidence on the forming of a new Government after a general election, which should be treated in a slightly different way. Such an approach would address the 1924 situation that he suggests.

[Mr Harper]

The hon. Gentleman makes a good point, which has been raised by others. I believe I am right in saying that the hon. Member for Nottingham North (Mr Allen), the Chairman of the Select Committee on Political and Constitutional Reform, has said he is keen on the idea of installing Prime Ministers with an explicit vote in the House—he was speaking for himself there, not for the Committee. That would be a further change to our system and, as I said in answer to the hon. Member for Leicester South (Sir Peter Soulsby), we have made the necessary changes in the law to take away the Prime Minister’s right to call an early general election, but we have not gone further. I shall think about what the hon. Member for Rhondda said and see whether we think it has merit.

The hon. Gentleman’s amendment 22 seeks to replace the 14 days that we set out in the Bill for that Government formation period with a period of 10 working days. He is supportive of a Government formation period, because he would not be attempting to keep one through this amendment were he not. I think he was wanting to understand why we chose the period that we did, using calendar days rather than working days. The reason why we did so was because the calendar day period is fixed and certain, whereas working days are not, as they are dependent on things such as bank holidays.

Two legitimate concerns are involved here, and they were touched on last week. There is a concern that the number of business days in the 14-day period would be curtailed or that the date of the no confidence vote could mean that the date for the Government formation vote fell on a non-working day. Our view—I am interested to hear the hon. Gentleman’s—is that discussions on Government formation would not stop on weekends and bank holidays; I suspect that they would continue, given that having a Government is probably the most important thing for the country.

There are two ways around a scenario where the vital 14th day when the vote of confidence is due falls on a day when the House would conventionally not be sitting. The first is to arrange that the no confidence motion be taken on a day that means that the House will be sitting 14 days later. The alternative is for the House simply to sit on what would traditionally have been a non-sitting day. There is nothing to prevent the House from sitting, if it chooses to do so, on a bank holiday, a Saturday or a Sunday. Non-working days are not days when the House cannot sit, even though it does not do so. There are precedents for the House sitting on such days when emergencies have happened. I believe I am right in saying that the House was recalled to sit on a Saturday when the Falkland Islands were invaded by the Argentines. Holding a vote on whether a new Government did or did not have the confidence of the House would be sufficiently important that it would be in order for the House to sit that day, even if it was not a conventional day.

[Chris Bryant]

The Minister is right in relation to the Falkland Islands, and I believe that the House has also sat on a Sunday on the demise of the monarch. That is precisely why we did not specify “sitting days” in this amendment; we used the term “working days” because that is the language used throughout the rest of the Bill. We sought to provide a degree of flexibility; otherwise, over Easter, when there are bank holidays on the Friday and the following Monday, there might be a sustained period when the House would find it inconceivable to sit but the Government might, none the less, want to be able to do their business.

[Mr Harper]

For the purposes of this particular set of motions, the only business that we would be talking about the House undertaking would be holding a vote on whether or not a new Government who had been formed had the confidence of the House. Given the things that the Government are responsible for, it would be important to have a clear Government in place for the financial markets and at difficult times. We know from experience and we can see it from what happens in other countries. Therefore, the Government formation negotiations would want to be concluded and it would benefit the country, the Government and the House for the House to vote on that without inordinate delay. If there were a number of bank holidays or other holidays in the way, that could be dealt with. [Interruption.] The hon. Gentleman asks about Good Friday. As I have said, the alternative is that we could arrange things by moving the no confidence vote so that it was 14 days before a sitting day.

Conventionally, no confidence motions are given time in the House very soon after they are tabled, but as long as the Government were prepared to table such a motion very soon and agreed that with the Opposition, it would not necessarily have to be tabled the next day. I do not think that it is an inordinate problem. We think that it is sensible for there to be a fixed timetable for a Government to be formed so that everyone has some certainty. That is why we picked the time period that we have.

My hon. Friend the Member for Epping Forest spoke in support of amendments 36 and 37, which are also tabled in the names of other members of the Select Committee on Political and Constitutional Reform. Amendment 36 would make the 14 days in a period following a Government defeat a period that would not include periods of Prorogation or Adjournment for more than four days. Although I do not think that this is the intention behind the amendment, its effect would be to permit the 14-day period for Government formation to be prolonged potentially indefinitely if the House was prorogued or adjourned. The Government do not think that that is appropriate. We think that the 14-day period strikes the right balance between giving parties in this House time to discuss and see whether a Government can be formed and not allowing things to go on for so long that the country is plunged into a period of uncertainty. We do not think that amendment 36 is acceptable.

Amendment 37 provides that a Prime Minister must resign within seven calendar days of losing a vote of no confidence and recommend to the monarch a successor who appears to them to be the person most likely to be able to command the confidence of the House. I think I am right to say—my hon. Friend the Member for Epping Forest will correct me if I am wrong—that the purpose of the amendment is to avoid a situation in which a Prime Minister who has lost a no confidence vote wishes to remain in power and asks the monarch to prorogue Parliament to avoid an alternative Government receiving a vote of confidence, thereby forcing a general election.

--- Later in debate ---

[Mr Harper]

I think we have touched on that before. Once the Bill becomes an Act of Parliament, it cannot be changed purely by a majority vote in the House of Commons. The decision would have to be made by Parliament, which would also engage the other place, in which the Government do not have a majority. Even after—[Interruption.] I anticipated that reaction. Even after the appointment of the new list of working peers, the governing parties together will have only 40% of the peers in the upper House; 60% will be Labour peers, Cross Benchers or Lords Spiritual. The fact that this will be an Act of Parliament makes it impossible for a majority vote of a governing party to bring about an early general election, which is our policy objective.

[Chris Bryant]

The Minister is right in saying that the main difference is that the matter would have to be dealt with in the second Chamber. As I understand it, however, the coalition agreement states clearly that the Government’s aspiration is to create enough peers to meet the proportions formed by each of the parties in the general election. That would provide a majority of 56%—quite apart from the fact that, as far as I can see, virtually every remaining Liberal Democrat Member in the country will be a member of the Second Chamber.

[Mr Harper]

I will not dwell on this issue at length, Mr Evans, because if I did so you would rule me out of order, but the coalition agreement does not say that. It says that we want to make the upper House more representative of the result in the general election, not exactly in line with it. The hon. Gentleman simply is not right.

The hon. Member for Stoke-on-Trent Central (Tristram Hunt) quoted from a judgment. I will not be drawn into the specifics of the Chaytor case—although the Supreme Court has given its judgment, there are ongoing criminal trials—but the flaw in the hon. Gentleman’s argument lies in the fact that the case concerns the administration of the expenses scheme. The House of Commons has never asserted exclusive cognisance of the expenses scheme. It has never said that the scheme, its administration and the matters that flow from it are parliamentary proceedings, which is why that is not a good example. Moreover, the Supreme Court’s judgment recognises the exclusive right of each House of Parliament to manage its own affairs without interference from the other, or from outside Parliament.

My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) quoted the views of the Clerk of the House. If the Government were alone in their view and the Clerk’s views were shared by everyone else, my hon. Friend would have a stronger case. The Political and Constitutional Reform Committee and the Lords Constitution Committee have taken a great deal of evidence, and the weight of independent expert evidence has supported the Government’s view. For example, Professor Robert Blackburn of King’s college London said—and I think that this is in line with the comments of my hon. and learned Friend the Member for Torridge and West Devon—

“In my view, the government's Fixed-Term Parliaments Bill has been technically well-drafted by the Cabinet Office’s parliamentary counsel, particularly in avoiding judicial review of its provisions on early elections by way of Speaker’s certificates”.

The hon. Member for Nottingham North (Mr Allen), the Chairman of the Political and Constitutional Reform Committee, said:

“In the very limited time that we had to look at this matter, the Clerk was the only person to raise this question, and the academics who have been referred to—Professor Hazell, Professor Blackburn and others—completely disagreed with the view put forward by the Clerk.”—[Official Report, 13 September 2010; Vol. 515, c. 632-3.]

--- Later in debate ---

[Mr Harper]

I am prepared to accept that consideration of the Parliamentary Voting System and Constituencies Bill has been proceeding faster than consideration of this Bill, but I cannot accept that this Bill is being considered at a great pace. It was published five months ago, we have reached only the third day of the Committee stage, and the Report stage is still to come. I believe that we have been proceeding at a sensible pace. Indeed, today’s proceedings were added when the Government realised that Members wished to engage in the debate at greater length.

[Chris Bryant]

The Minister seems to suggest that all the evidence apart from that of the Clerk of the House falls into the other camp. The Committee listened to the various witnesses and reached a rather different conclusion—that the purpose of the Bill needed to be achieved without the courts being invited to question aspects of the House’s own procedures or the actions of the Speaker—and urged us to move in a rather different direction from the one advocated by the Government.

[Mr Harper]

The Committee was quite right. I agree that we need to ensure that the courts do not question those matters. In a moment I will deal with the amendments and the Government’s reason for believing that the language we have used about the well-precedented use of Speaker’s certificates prevents the courts from questioning the Act.

My hon. Friend the Member for Harwich and North Essex observed that judges were not more interventionist. I believe there is evidence that there has been more judicial activism in judicial reviews of Executive decisions, but as far as I am aware there is no evidence that the courts have become more interventionist in challenging parliamentary proceedings. Executive decisions and decisions of Parliament are quite different from each other. Although the Supreme Court has a new name, it has no greater powers than the judicial Committee of the House of Lords that it replaced. I do not think that my hon. Friend’s concerns are well judged.

My hon. Friend also referred to the European Court of Justice and the European Court of Human Rights. The European Court of Justice can deal with matters related to European Union law; nothing in the Bill would engage it. Similarly, the functions of the Speaker under the Bill do not engage any of the rights conferred by the European Court of Human Rights. I think it was only last week that the Joint Committee on Human Rights agreed with that when it said that the Bill’s provisions did not need to be brought to the attention of either House on human rights grounds.

My hon. Friend the Member for Hereford and South Herefordshire (Jesse Norman)—who is not in the Chamber, as he has had to fulfil a long-standing and important engagement to attend a meeting elsewhere in the House—expressed concern about the European Court of Human Rights. In fact, it has shown the utmost respect for parliamentary privilege. In a 2003 case, A. v. United Kingdom, it was specifically held that article 9 of the Bill of Rights did not violate the convention by preventing an applicant from taking defamation proceedings against an MP for words said in parliamentary proceedings. The European Court of Human Rights strongly supported the contention that courts would not become involved in these matters.

I agree with my hon. and learned Friend the Member for Torridge and West Devon, who said that owing to the very nature of these events—the fact that they would be politically highly charged—judges would not be keen to rush in and engage in questions that are rightly to be resolved by political rather than legal means. I have heard no evidence, apart from assertion, that courts would do anything different.

--- Later in debate ---

[Mr Harper]

No, I think there is a rather crucial difference. The powers in that Act are given to a Minister—they are not proceedings in Parliament. That leads me nicely on to amendment 6—

[Chris Bryant]

rose—

[Mr Harper]

But the hon. Gentleman is keen to get in.

[Chris Bryant]

Sorry, but the Minister is using the phrase “proceedings in Parliament” as though it were a self-evidently clear concept, but a great deal of legislation and case law has analysed various different aspects of it and it is nowhere near as clear as he might presume.

[Mr Harper]

No, and that leads to where I was going, which was to turn to amendment 6 and to explain why we are using the language of the device of a Speaker’s certificate. There are precedents that have stood the test of time, which is why Professor Blackburn expressed the feeling in the quotation I read that parliamentary counsel had drafted the Bill well.

My hon. Friend the Member for Stone (Mr Cash) tabled amendment 6 and my hon. Friend the Member for Harwich and North Essex spoke to it. I can see why they would want to use the wording in the Parliament Act 1911, but the Bill says the Speaker’s certificate is “conclusive for all purposes” and the Government do not think inserting the words

“shall not be…questioned in any court of law”

adds anything. The 1911 wording has, indeed, stood the test of time, but it used the language of the early 20th century. Later legislation used different wording. The House of Lords Act 1999 used exactly the wording we have used, which provides that certificates of the Clerk of the Parliaments on questions of whether an hereditary peer is one of the excepted 92 hereditary peers are conclusive. The provisions have worked well in practice, whereas wording consistent with the Parliament Act 1911 could bring into question whether protections in more recent Acts were meant to be an inferior sort of protection. We think that would be undesirable.

Provided certificates are conclusive for all purposes, it is perfectly adequate to show that it is for the Speaker to decide whether the conditions for an early election have been satisfied, not for the courts or the Executive. The effect and the intention of the drafting are perfectly clear. Although the additional words in amendment 6 might appear attractive, they would not add anything to the protection in the Bill. There is no evidence or reason to think the courts would want to trespass on what would effectively be highly politicised issues or that they would not continue to regard matters relating to the internal operation of the House as “proceedings in Parliament”.

I should also like to deal with the wording in amendment 6 that seeks to prevent a Speaker’s certificate issued under clause 2 from being “presented” to a court. I can see why my hon. Friend the Member for Stone is trying to do that, but it seems to me that that takes a step backwards. Being able to present the certificate to the court is the simplest and easiest way of informing the court that the conditions for an early election exist and the Speaker has made the decision. That stops the court being tempted to dwell on proceedings in Parliament; it has a clear piece of paper that explains that the Speaker has made that determination and the court need go no further.

Fixed-term Parliaments Bill

Debate between Mark Harper and Chris Bryant

Wednesday 24th November 2010 Commons Chamber

[Chris Bryant]

It is a delight to see the hon. Member for Epping Forest (Mrs Laing) back in her seat. She introduced a new concept of votes of no consequence. On the Opposition Benches, it often feels as though every vote is one of no consequence, but we hope that with more support in the coming days, we will manage to turn that around.

The hon. Lady said one important thing—[Interruption.] She has doubtless said many important things, as the Minister rightly reminds me. In particular, she said that she disagrees with the amendment she tabled, which was interesting. She also referred to the fact that her Committee had had virtually no time to do what she called pre-legislative scrutiny. In fact, I suggest that a far more sensible procedure for engaging in all legislation, and particularly that on constitutional reform, is to publish the Bill in draft, send it to a Joint Committee of both Houses and provide an opportunity for evidence to be taken, and at the end of that process it can be brought to the House. That is not what has happened in this case. She and others referred to the coalition as something of a matrimony, but the Book of Common Prayer states that holy matrimony should not be enterprised or entered into

“unadvisedly, lightly, wantonly or to satisfy…carnal lusts.”

My fear is that this part of the Bill has been entered into unadvisedly, wantonly and to satisfy the lusts of the coalition partners who want to ensure that they remain in power for as long as possible.

The process has been wrong, and I say gently to the Minister that in our debates last week he referred at the last minute to consultation that he was going to engage in with the devolved Administrations in Wales, Scotland and Northern Ireland. I understand that he has written to one Member of the House about that, but he has not written to me, and he has not written to any other hon. Members who were involved in the Committee stage, so I hope that he will take this opportunity to assure us that he will write to us immediately.

[Mr Harper]

Frankly, the point of order that the hon. Gentleman raised last week was nonsense. He did not give me notice of it, so I was unable to respond. I listened carefully to last week’s debate and responded to it. I then made an announcement of Government policy in this House at the Dispatch Box, which I thought was the usual way of conducting business.

The following day, I wrote to the leaders of parties in each of the devolved Assemblies, as I said I would. I did not put anything in those letters that I had not announced in the debate. I also wrote to the shadow Justice Secretary, who leads on political and constitutional reform for the Opposition, to keep him properly informed. I placed copies of all those letters in the Library.

--- Later in debate ---

[Chris Bryant]

rose—

[Mr Harper]

Go on.

[Chris Bryant]

I would not want the Minister inadvertently to mislead the Committee. He said that extra time has been provided, but he has not allowed any extra time; he has merely allowed the injury time for the three statements that interfered with the debate. [Interruption.] If the Deputy Leader of the House wants to make a speech, I am sure he will be able to catch your eye, Mr Hoyle. [Interruption.]

[The Chairman]

Order. I would like to stop this bickering between the Front Benchers. Let us move on.

--- Later in debate ---

[Mr Harper]

I entirely agree. Indeed, I think I acknowledged that that had been the purpose for which the amendment had been tabled.

I can reassure my hon. Friend the Member for Epping Forest that there is no danger of my accepting her amendment, and that as there is not to be a Division—at least if we have anything to do with it—she will not be forced to vote against it.

Amendment 21, tabled by Opposition Members, simply changes the word “early” in clause 2 to “immediate”. I have two comments to make. First, under our own arrangements—this too emerged earlier in the debate—we do not have immediate general elections anyway. There is always a wash-up period. Before the 1979 election—which seems to have prompted the most discussion—25 Bills were passed during the wash-up period, including a number that completed all their stages during that period. Some of those Bills were very valuable. I spotted among them the Pneumoconiosis Etc. (Workers’ Compensation) Act 1979, which is still helping people today.

Secondly, all that the amendment does is change the language in the clause. It does not, in itself, have any effect. I know that the hon. Member for Rhondda (Chris Bryant) mentioned a later amendment that did introduce a change, but this amendment would not bring an election further forward.

[Chris Bryant]

The Minister is right: we are not trying to make an enormous point. I simply wanted to tease out of the Government precisely what they understand by a motion calling for an early general election. I wanted to know, for instance, whether—as suggested by the hon. Member for Foyle (Mark Durkan)—he believed that it would be possible to call such an election, and that the Speaker would be able to sign a certificate saying that one had been called, when the House had, say on Wednesday next week, passed a motion calling for a general election in nine months’ time.

[Mr Harper]

I do not think that that is drawn out by the amendment, but I agree with the hon. Member for Foyle (Mark Durkan) that some flexibility is required. The Speaker will certify that a motion has been passed, but we do not know what all the circumstances will be. The hon. Gentleman gave a good example when he cited the way in which Ireland has arranged for procedures to take place to provide some certainty. I do not think that we want to set all the rules in stone. We want to allow the Speaker to be clear with the House—I am sure that he would be clear with the House before it debated the motion—about whether he is able to certify that the motion would trigger an early general election. It is better to leave such matters to the judgment of the Speaker. I will come to the point about the Clerk’s concern about justiciability, but I do not think that being too specific would be helpful.

--- Later in debate ---

[Mr Harper]

I will give way to the shadow Minister first, because I said that I would.

[Chris Bryant]

What the Minister has said makes me rather more worried, and gives me much greater cause for concern than other elements of the clause. The danger is that if we are not clear enough about the precise moment when a Speaker is required by the House to act, we will be asking the Speaker to break his or her impartiality at a moment that may be very, very politically sensitive.

[Mr Harper]

I do not agree. I think that the Speaker would ensure that the House was clear both about a motion that would trigger an early general election and about a motion of confidence, and about what he would certify, before the debate. I do not think it would be sensible for the House to have a debate when it was not clear about those matters.

We discussed the 1979 debate earlier. The right hon. Member for Blackburn (Mr Straw) tried to suggest that Members had voted on that motion for other reasons, but the motion was very clear in asking whether the House had confidence in the Government, and I suggested that Members could not have been in any doubt about what they were voting for. I think that the Speaker would always want to ensure that the House understood what it was voting for, and the effect of its vote.

[Chris Bryant]

That is even more worrying. The Minister is now saying that the Speaker would decide whether a motion before the House was a motion of confidence in Her Majesty’s Government, which is profoundly worrying. Motions on the Adjournment, motions on all sorts of legislation and motions of censure of individual members of the Government have been determined to be such by the House. If it were for the Speaker to make such a determination, we would have shot the Speaker’s impartiality to pieces.

[Mr Harper]

No, I do not think so at all. At present, whether a motion is a motion of confidence is determined by the Prime Minister; it is determined by how they behave as a result of the vote. [Interruption.] No, it is.

--- Later in debate ---

[Mr Harper]

There are two parts to clause 2. Importantly—some Members were getting this confused—a motion of no confidence in the Government can still be passed by a simple majority. So if a Government did not command the confidence of the House, the House could express that lack of confidence. I shall not go into that in detail, because we will deal with it when we discuss a later group of amendments—Mr Hoyle is clear about that—but the House can vote in support of a motion of no confidence and the Government will then have the period of examining whether another Government can be formed from within that Parliament.

As the hon. Member for Foyle said earlier, when I do not believe my hon. Friend was present, the Bill also provides the opportunity to renew the Parliament if there is a sense that events mean that it needs to be renewed—I believe that is the view in Ireland at the moment. If a simple majority has lost faith in the Government, a motion of no confidence can be passed. If there is a general sense that there should be an election, we have given the House that opportunity—a power that it does not currently possess. I am surprised, as the hon. Gentleman said he was, that some Members of the House sound as though they do not want a power that is not possessed by the House and has previously been possessed only by the Prime Minister.

[Chris Bryant]

What happens if the Government table a motion calling for an early parliamentary general election—I presume only they will be able to do so—and it is carried by 330 votes, but not by the 434 votes necessary? Could the Speaker, or for that matter the Prime Minister, determine that to be a motion of no confidence in the Government?

[Mr Harper]

The Prime Minister—

Fixed-term Parliaments Bill

Debate between Mark Harper and Chris Bryant

Tuesday 16th November 2010 Commons Chamber

[Mr Harper]

The problem to which the hon. Gentleman is alluding is the once-in-every-20-years coincidence of dates. If he will allow me to make some progress, I will address those issues later in my remarks.

[Chris Bryant]

The Minister is being extremely disingenuous. He said that the Prime Minister can keep going until 2015 if he wants to, but that is not the case—he does not have a majority. In fact, the words of Robert Blackburn to the Select Committee are right:

“The Liberal Democrats want to be sure that the Conservative leadership would not cut and run in the same way that a minority Administration with an informal pact with the Liberal Democrats in Parliament might—as in 1974”.

The other side of the coin is that the Conservatives want some guarantee that the Liberal Democrats will not change their minds. The Prime Minister needs this Bill to keep the coalition in power until 2015.

The Temporary Chairman (Miss Anne Begg): Order. May I remind the hon. Gentleman that “disingenuous” is not necessarily a parliamentary word?

--- Later in debate ---

[Mr Harper]

The position at the moment is that two thirds can bring about an early election, and there is no power to extend the term, so to answer the hon. Gentleman’s question, that means two thirds for both.

[Chris Bryant]

I apologise if this is a similar point to the one made by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil). The legislatures already have the power to bring forward elections, but there is to be a power to extend. In effect, therefore, the Government are extending this Parliament, the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly for the convenience of the coalition. In essence, the Minister is saying that the motto of the Government is “Fewer Elections”.

[Mr Harper]

No. The hon. Gentleman must not keep giving the Committee misleading arguments. The Bill does not extend the term of this Parliament—this Parliament can run for five years. Members of the devolved Parliament and Assemblies have asked the Government to think about how they can make a decision on whether to move the date—a sensible provision—of elections.

[Mr MacNeil]

rose—

[Chris Bryant]

rose—

[Mr Harper]

Let me finish setting out this point, because I might be about to deal with any questions that the hon. Gentlemen have.

The Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly currently have the power to vote with a two-thirds majority for early Dissolution. In Scotland and Wales, the relevant Acts provide that if the early Dissolution is more than six months before the scheduled election, the scheduled election must still take place. Elections to the devolved legislatures must be held on the first Thursday in May. We want to give them the power to extend, because if they have only the power to hold elections earlier, elections would effectively have to be held in the depths of winter. The Government have listened on that point, which is why we want to consult the legislatures on the ability to extend the date, which will give them much more flexibility.

It is worth making two other points. First, Scottish Parliament and Welsh Assembly elections are materially different from local government elections in England. The Scottish Parliament and the Welsh Assembly are legislatures, and they already have a limited power to vary the date of their elections. In England in recent decades, general elections have frequently been combined with local elections. Combining local and mayoral elections with a UK general election is normal practice in England. It is easily managed and should continue unchanged.

[Chris Bryant]

The Minister is obviously making a sensible proposal in that regard, but I presume that such a change requires primary legislation, and that he intends to advance that in the Bill. I hope that he does not expect to make amendments in the House of Lords. Will he give an undertaking this evening that any such proposal will be made on Report in this House, and not at any later stage?

[Mr Harper]

I am glad that the hon. Gentleman on behalf of the Labour party recognises that my proposal is sensible. We will consult with the parties in the Scottish Parliament and Welsh Assembly and introduce those changes at a later stage—I hope to do so sooner rather than later.

[Chris Bryant]

In this Bill?

[Mr Harper]

In this Bill, and I hope sooner rather than later.

[Chris Bryant]

In this House?

[Mr Harper]

I hope that it will happen sooner rather than later.

The position in Northern Ireland is slightly different. One difference in the Northern Ireland settlement is that if the date of the election is brought forward by whatever period, the original scheduled election does not have to be held. Also, the responsibility for Assembly elections, including the date, remains a matter for the Northern Ireland Secretary. He also holds the power to shift the date by two months either way, whereas the date for Scottish Parliament and Welsh Assembly elections can be shifted by only one month. I have discussed that in great detail with Northern Ireland Ministers.

Given the difference of the Northern Ireland settlement, and that next year there is a triple combination of Assembly elections, local elections and the referendum, Northern Ireland Ministers want to learn form that experience to see whether the existing power is sufficient or whether they wish to modify it. They will consult parties in Northern Ireland, both now and after next May, to see whether a further change needs to be made. If so, we will legislate to bring it into force.

--- Later in debate ---

[Mr Harper]

Let me make some progress.

Finally, new clauses 4 and 5 would provide that elections to this House and the devolved legislatures could not occur on the same day. The problem with that proposal is that if it were agreed, it would provide that where a devolved legislature’s general election had been moved, the following poll would take place on the first Thursday in May four years later. For example, if one of the devolved legislatures delayed its 2015 elections by one year, elections to that legislature and the House of Commons would coincide again in 2020. New clauses 4 and 5 would mean that those elections would have to be moved again in 2020, so they are actually a back-door method of substituting a five-year term for the devolved legislatures.

I do not know whether that was the intention of the hon. Member for Carmarthen East and Dinefwr, who spoke so powerfully against a five-year term and in favour of a four-year term, but the effect of his new clauses would be to deliver a five-year term through the back door. For that reason I do not think that it would be very sensible to accept them. Also, new clauses 4 and 5 do not make provision for a super-majority, which appears to suggest that a majority Government in a devolved legislature could just play around with the election date to suit themselves, which is the opposite of what we are trying to achieve in this Bill. The Government therefore cannot accept new clauses 4 and 5, and I would ask the hon. Gentleman not to press them to a Division.

In conclusion, I thank all hon. Members who have taken part in this debate, particularly those who were here for the whole debate and those who have tabled or supported amendments to clause 1. The Government are convinced that our Bill as drafted provides the right approach. I would urge hon. Members not to press their amendments to a Division and to support clause 1.

[Chris Bryant]

rose—

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Chris Bryant

Tuesday 2nd November 2010 Commons Chamber

[Mr Harper]

I do remember giving evidence to the Welsh Affairs Committee and I enjoyed it tremendously. I was sorry only that the experience was too short.

I do not remember whether the hon. Gentleman was present when we debated the postal vote provisions in Committee, but the Government decided that the most sensible arrangement would be for standing postal vote provisions for a United Kingdom parliamentary election to kick in automatically for the referendum, but for that not to apply to people with postal vote provisions for a different election.

When voters receive their polling card, it will helpfully set out for them the elections and the referendum to which their voting entitlement applies—that will deal with the circumstances in which there are different franchises—and will also make clear how their postal vote has been set up. They may not have one set up for the referendum, for instance, but they may have one set up for a local election. That will enable them to take action at that stage and, if they prefer to vote by post, ensure that they can do so in the elections and the referendum.

[Chris Bryant (Rhondda) (Lab)]

Form 4, which appears on page 245 of the Bill, results from an amendment that the Minister tabled to the original Bill. There is now a new form, which appears in amendment 156. Why did the Minister not simply table amendment 156 in the first place, given that the forms are very different?

[Mr Harper]

As I said earlier, the changes that we have tabled today to the combination provisions reflect the changes in the conduct of the election orders that were laid before the House. We wanted to ensure that it was as easy as possible to combine the polls, and that the instructions given to voters for the referendum and the elections were aligned with each other. The original amendments and combination provisions were based on the law as it was before the territorial orders had been laid. I think that that is quite straightforward.

[Chris Bryant]

Obviously I understand the process—as I am sure the Minister has foreseen, it is one of the matters on which I shall express my disagreement with him—but the requirement for people to write in black ink, which was raised by my hon. Friend the Member for Cardiff West (Kevin Brennan), is not included in the form that appears in the amended version of the Bill, but is included in the form that appears in the amendment. Why was that change made?

[Mr Harper]

I will not write to the hon. Gentleman—

[Chris Bryant]

In black ink?

[Mr Harper]

In black ink or any other colour. Instead I hope that I shall be able to elucidate the position for both hon. Gentlemen at the end of the debate.

--- Later in debate ---

[Mr Harper]

It is a very helpful point, and I will respond to it at the end of the debate.

Without any further ado, I urge the House to support the amendments in due course.

[Chris Bryant]

Let me deal first with the process. The Minister referred to statutory instruments. All the amendments we are discussing, bar the one tabled by members of the Scottish National party, were tabled by the Government, and they cover some 28 pages of the amendment paper. They were not tabled because the House demanded amendments, or because the Government said in Committee that they would consider probing amendments and return with further amendments on Report. They have been introduced because the Government have gone through a process of putting various carts and horses in the wrong order. I fully recognise that I am not as versed in country ways as the Minister, who represents the Forest of Dean, but I recognise when parliamentary procedure is being put in the wrong order, and it would have made far more sense to have proceeded with pre-legislative scrutiny and proper consultation with the devolved Administrations in Wales, Scotland and Northern Ireland, and then to have proposed legislation in draft form. We should bear it in mind that not a single devolved Administration wants a combination of polls next May, but if the Government’s view is nevertheless that they wish to push forward with that, against the wishes of the three devolved Administrations, they can then introduce statutory instruments to make provision under the Scotland Act 1998, the two Wales Acts of 2000 and 2006 and the Northern Ireland provisions. They would do that first, and the proposals would then be considered in this House and the House of Lords and, if agreed to, the Government would introduce the final version of their Bill. Instead, because the Government are running at an inappropriately fast pace for this kind of legislation, there has been no consultation whatever with any of the devolved Administrations—with either the Assemblies or the Parliament or the Executives or Governments in each of those nations.

There has been no process of consultation on the Bill, but there has also been no process of consultation on the orders. The Scottish Parliament (Elections etc.) Order 2010 is some 205 pages long; it is not a minor tome. It includes measures on election expenses, disputed claims, corruption, entreating, the control of donations to candidates, the appointment of election agents, the requirement of secrecy, the breach of official duty, tampering with nomination papers, and personation and other voting offences. I am sure the Government will say that this entire matter is a reserved responsibility and that it is for the Westminster Government to decide, but it would have showed greater respect for the devolved Administrations if they had consulted them before the orders were laid.

--- Later in debate ---

[Chris Bryant]

I am afraid that I sort of disagree with the hon. Gentleman. It is important that there should be time to debate such a clause. We tabled an amendment yesterday that a clause should be deleted from the Bill, just so that we could have that debate. On Report there is no other way of having that debate—but I am not sure that it is always right to put in knives, because that leads to some complexities in the management of time. That is why we argued that we should not have knives.

[Mr Harper]

While the hon. Gentleman is replying to the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), will he explain something to the House? It is true that we did not get to the debate on the decoupling provisions, but he will know that the provisions to decouple the Welsh Assembly constituencies from the Westminster ones are supported by the First Minister of Wales. The First Minister has written to the Secretary of State to state that in terms, so it is surprising that the Labour party in Westminster is taking a different position from the Labour party in Wales.

[Chris Bryant]

It is surprising that a Government that consists of Conservatives and Liberals is taking a view on the number of seats in Parliament that is different from what was in both parties’ manifestos at the general election. The point is that we should have had time to debate these matters, and we have not had a single moment to debate them. I would merely say that I hope that their lordships will take the opportunity to debate the matters that it has not been possible for us to reach.

Let me swiftly deal with some of the amendments. The Minister is absolutely right that the vast majority of the amendments are relatively technical. However, that does not mean that we should be able to agree them today, because we have not agreed any of the statutory instruments on which they depend—he said “if” the statutory instruments are approved by Parliament. There is an enormous presumption in tabling amendments to meet a piece of legislation that has not yet been agreed. That treats this House with a degree of disrespect that is inappropriate.

Amendment 222, tabled by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), is about the costs of running the polls being met by the UK Government. The Minister is right to say that the costs are all met by the Consolidated Fund, but I presume that the hon. Gentleman’s amendment has been tabled to make the point that he thinks that the responsibility for running the Scottish parliamentary elections should be the responsibility of the Scottish Parliament—[Interruption.] He is not nodding; he is looking inscrutable at the moment. That is unusual for him, because he is normally extremely scrutable. Perhaps we will have to wait for his contribution to the debate.

The vast majority of these amendments make changes such as substituting “2010” for “2007”, because of the different statutory instrument that would be referred to. Although I suppose it would in theory be possible for us to vote on all of them, because we think that it would be inappropriate to decide on them until the statutory instruments have been decided on, we will none the less want to press at least one to a vote simply to make the point that the process has not been sensible.

Government amendment 78, however, refers to the abandonment of a poll in Scotland. When the Minister sums up, will he explain precisely why he has moved in that direction? The amendment relates to line 3 of page 226, in schedule 7. The Minister also referred to Government amendment 177, which is, as he says, a quite substantial amendment. It runs to several pages and concerns Northern Ireland. It runs from page 1047 of the amendment paper onwards. Proposed new paragraph 40(2) states:

“The following provisions have effect as if the persons listed in them included persons who would be entitled to be present at the proceedings on the issue or receipt of postal ballot papers in respect of the referendum or a relevant election if those proceedings were taken on their own.”

I wonder why the Minister has chosen that precise wording. Likewise, paragraph 42(2) states:

“Otherwise, the provisions listed in sub-paragraph (3) have effect as if the words before ‘the colour’ were omitted.”

It may be that I am very dim, but I simply do not understand that provision in relation to Northern Ireland; it will be for the House’s convenience if the Minister explains it.

Similarly, paragraph 44, on spoilt postal ballot papers—again in relation to Northern Ireland—states at sub-paragraph (2):

“The spoilt postal ballot paper may not be replaced unless all the postal ballot papers issued to the person are returned.”

I do not understand why, if a voter has been given three ballot papers and has spoilt only one of them and therefore wants a replacement only for that one, they have to return the other two as well. Will the Government explain that? I ask about this because some people believe we should make postal balloting more difficult.

In Northern Ireland there has been a tradition of separate rules and regulations for postal voting, because of concerns about corruption. In case the Government are considering substantially restricting the use of postal voting in England and Wales, I must tell the Minister that the current provisions have made it far easier for a large number of my voters to vote in any election. Previously, people had to get a member of the medical profession to sign them off as ill to get a postal ballot. In many cases, my voters were charged £6 a head for the right to vote in an election by post, which I think is completely wrong. Of course we want to ensure that there is no opportunity for corruption in the use of postal ballots, but my experience is that many elderly and other people, particularly those who cannot predict the precise timing of their work commitments, value the current provisions on postal voting.

Finally, I am deeply grateful to the Minister for sending me an e-mail today about the definition of newspapers and periodicals, but unfortunately the parliamentary system would not let me open the attachment, so I do not have the faintest idea what it says. I would be grateful if he could find some means of letting me know what he was trying to communicate.

--- Later in debate ---

[Mr Harper]

I did not detect any focus on the amendments in the last few speeches, so I shall not address the points that were made in them. I shall focus instead on those Members who troubled themselves to speak to the amendments and raised sensible points, as did the hon. Member for Rhondda (Chris Bryant). He and others mentioned that the orders relate to the elections and not to the referendum. The conduct of the elections is not devolved, as my hon. Friend the Member for Corby (Ms Bagshawe) said. The hon. Gentleman will know that, under the Calman proposals, we propose to move the administration of those elections to the Scottish Parliament.

The orders that the hon. Gentleman mentioned are not amendable, and I hope that the House will support them. If it does not, I have already said that we will revert to the original provisions in the Bill, which have been debated and voted on by the House. Either way, the House of Commons will have had the opportunity to consider both scenarios—without the new orders and with them—and to pronounce on them. I am therefore confident that the House and the other place will have taken those decisions, whatever they might be.

[Chris Bryant]

When the hon. Gentleman says that the Government would revert to the previous provisions, I presume he means that he would table amendments in the House of Lords, because he would not be able to table them here. In that case, he would not have met his own criterion that matters relating to the elections would be decided on here.

[Mr Harper]

No, not at all. If Parliament did not adopt the orders, we would indeed have to table the amendments in the House of Lords, but in so doing, we would simply be bringing the Bill back to the stage that it is at with the amendments that have already been debated and voted on by this House. Either way, it would be this House that had effectively decided on the machinery for our electoral arrangements. I hope that I have set that out clearly, even though I know that the hon. Gentleman does not agree with it.

I listened carefully to the speech by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who is no longer in his place, or, indeed, any other place—[Hon. Members: “He must be somewhere!”] Well, he is not in the Chamber. He must be somewhere, but he is not here. He talked about the respect agenda, and he and others talked about holding elections and referendums on the same day. We have had this debate before, Mr Deputy Speaker, so I will not try your patience.

The hon. Gentleman made some sensible points on the coincidence of elections, notably of a UK general election and devolved elections. He knows that that matter has been highlighted—although not actually put in place—by the Fixed-term Parliaments Bill, and we have already said that we are thinking about possible solutions. When the Government have settled on a position, we will consult parties in each of the devolved nations—not the devolved Administrations, because they only represent one or more parties—to come up with a solution. That relates to the coincidence of elections; the Government do not think that the combination of a referendum and elections will have the same qualitative impact.

[Mr Harper]

I will not dwell on that point at length, because you would rule me out of order, Mr Deputy Speaker. Briefly, however, I will say that it would be possible, if there were an early UK general election or if the devolved Administrations’ cycles changed, to have four-year terms for both Administrations. That could result in coincidence on every occasion, rather than just once every 20 years. I will not pursue that, however, as it relates to a different piece of legislation, which the House will have the chance to debate in due course.

[Chris Bryant]

I know that the Minister will not want to dwell on this point either, but he was talking about process, and about the amendments that he might or might not have to table. If the Government change the law on prisoners’ voting, they will have to do so in primary legislation. Will the Minister make it clear that he would not do that by tabling amendments to this Bill in the House of Lords?

[Mr Harper]

The hon. Gentleman is getting ahead of himself a little. I made it clear in the statement that the Government had not yet made any decisions on how to implement that judgment. We have made it quite clear on a number of other issues relating to this Bill that it is about the referendum. Indeed, we have resisted amendments in which people have tried to make changes that would have a wider policy impact and that should be made elsewhere. For example, we had a debate on the appropriate age at which people should be able to vote. There was a general view on the Government Benches, even among those who support that provision for elections in general, that this Bill was not the right place in which to make those arrangements. I think that I can give the hon. Gentleman the assurance that he seeks.

The hon. Gentleman asked why the form for the postal voting statement to be used for Scottish Parliament elections in which the issue and receipt of postal ballot papers was not combined had been changed. The Scotland Office has updated the form in the 2010 order, and we have followed that in the Bill for the purposes of the Scottish Parliament elections next May.

The hon. Gentleman and the hon. Member for Foyle (Mark Durkan) asked why, in Northern Ireland, all postal ballot papers had to be returned if one was spoiled. In cases of a combined poll, there will be a pack containing all the ballot papers, and another pack would have to be issued in such circumstances. Someone could end up with multiple ballot papers for the same election, if the first set were not returned. That is also the long-standing practice in England, Wales and Scotland. I shall come to the hon. Member for Foyle’s other points in a second, and he can come back to me if he does not think that that answer is appropriate.

The hon. Member for Rhondda also asked why proposed new paragraph 42 in amendment 177 referred to the words before “the colour” being omitted. The words are being omitted when the poll at one election is taken with the poll at another election. The reason that we have omitted them is because, if the elections happen on 5 May, we know that there will be combinations and that the words will be redundant. He also asked why amendment 78 changed the wording in line 3 of page 266. It is a consequential minor change—consequential to the drafting change made to the order governing the Scottish Parliament elections—and it is not intended to have any practical effect.

I was asked about amendment 78 and the changes to provisions on abandonment of poll in the Scottish parliamentary elections. Again, this follows changes to the 2010 order, which separates out for the first time provisions dealing with the death of a candidate in a regional election from those dealing with the death of a candidate in a constituency election. This means we have to amend the provision, making it clear how the abandonment of either poll would affect the referendum. The policy remains that the referendum poll would continue.

[Chris Bryant]

Does that meet the requirements of the later amendment that deals with the equality of votes where a candidate has died?

[Mr Harper]

They are about different things; they are not linked. [Interruption.] No, the later amendment is about how the AV rules would work, whereas this one is about the working of the elections taking place next year. They are separate issues.

I was also asked about the use of black ink on the postal voting statement. Because it is for the postal voting statement, it is not relevant to the forms used in the polling station. My understanding and my advice is that the use of black ink is to make the document easier to verify when it is checked and scanned when the postal vote identifiers are being checked. I will make further inquiries, however, and write to the hon. Member for Cardiff West (Kevin Brennan) if this proves not to be the case.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Chris Bryant

Monday 25th October 2010 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I beg to move, That the clause be read a Second time.

It is a great pleasure to see you in the Chair, Mr Evans. The new clause is a straightforward and clear response intended to cure, for the alternative vote referendum, a possible ambiguity in the Political Parties, Elections and Referendums Act 2000 framework on the regulation of referendum expenses. It clearly states that the costs of covering and reporting on the referendum in the media are not referendum expenses for the purposes of that Act. That means that those costs will fall outside the regulatory regime that the PPERA puts in place.

I want to be absolutely clear that the new clause does not change the position on the regulation of advertising in the media by campaigning individuals or organisations. Such media costs will continue to be subject to the usual spending restrictions in the 2000 Act. However, we believe it is important to ensure that media outlets are not caught by the spending restrictions in place for the referendum when publishing information about it, since they will play a vital role in building public awareness.

I take this opportunity to thank the hon. Member for Nottingham North (Mr Allen) and the Select Committee on Political and Constitutional Reform for the scrutiny of the Bill that they carried out despite the time available. The Committee’s members tabled a similar amendment, and I am grateful for their focus on the issue. They identified the problem and the potential ambiguity, and argued that it needed to be dealt with. The Committee identified a potential problem with the framework for referendums, as set out in the PPERA. Where there is ambiguity in statute there may be arguments either way, but I accept that on an issue as important as this, the law should be clear. That is why the Government have tabled their own new clause, similar to that tabled by the Committee’s members and identical in its intention. However, I believe that there are sound technical reasons why our version is preferable.

[Chris Bryant (Rhondda) (Lab)]

I warmly welcome the fact that the Government have tabled the new clause. Broadly speaking, the Minister is absolutely right that it was never anybody’s intention that ordinary newspapers, magazines, television broadcasts and so on should be included in the referendum expenses regime. However, there are some complications because of some of the terms used in the new clause.

I note that the Minister said en passant that the Committee chaired by my hon. Friend the Member for Nottingham North (Mr Allen) managed to come up with a report despite the time available, but of course the lack of availability of time was entirely down to the Minister, not down to anybody else. As the Minister noted, the Committee produced its own version of what a new clause might look like, and a lot of us have been lobbied by different parts of the media in favour of some version or other of an amendment such as this one. The Minister said that the Government’s version was slightly different, and I hope that he will be able to take us through why.

The new clause mentions, first:

“Expenses incurred in respect of the publication of any matter relating to the referendum, other than an advertisement, in…a newspaper or periodical”.

As I understand it, it is remarkably difficult to specify in law what is a newspaper or periodical. So far as I can see, there is no one clear definition of newspaper or periodical. I assume that the Government understand “newspaper or periodical” to be the same, not two separate concepts.

I can find two instances of a definition in statute. The first is the Newspaper Libel and Registration Act 1881, which states:

“The word ‘newspaper’ shall mean any paper containing public news, intelligence, or occurrences, or any remarks or observations therein printed for sale, and published in England or Ireland periodically, or in parts or numbers at intervals not exceeding twenty-six days between the publication of any two such papers, parts, or numbers.

Also any paper printed in order to be dispersed, and made public weekly or oftener,”—

“oftener” is slightly strange language—

“or at intervals not exceeding twenty-six days, containing only or principally advertisements.”

I presume that the Government are not relying on that definition, because it applies only to England and Ireland, which is in a Bill that tried to ensure that all newspapers and periodicals were registered. That registration process no longer exists—now anyone is free to publish a newspaper or a periodical.

The second instance is in section 7(5) of the Defamation Act 1952, which states that

“the expression ‘newspaper’ means any paper containing public news or observations thereon, or consisting wholly or mainly of advertisements, which is printed for sale and is published in the United Kingdom either periodically or in parts or numbers at intervals not exceeding thirty-six days.”

I am sure that keen-eared Members noted that between 1881 and 1952, there was a difference of 10 days in the frequency with which a printed item might be described as a newspaper or a periodical.

--- Later in debate ---

[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.

[Chris Bryant]

The Minister is talking complete sense, but I should like to be absolutely certain about what constitutes “a newspaper or periodical”, notwithstanding the issue of the convergence of a number of different media. There is a clear definition in the 2000 Act; perhaps he could give it to us.

[Mr Harper]

We have simply replicated the provision in the PPRA. I do not have it in front of me, but I should be happy to write to the hon. Gentleman about it later.

[Chris Bryant]

I understand that. My point is that I am not sure that there is a definition in law of “newspaper or periodical”, and I think that it is about time we had one. Definitions appeared in legislation in 1881 and 1952, but they conflict with each other.

[Mr Harper]

As I think I made clear in my reply to my hon. Friend the Member for Cities of London and Westminster, it is much better to leave such definitions to case law, which can evolve over time. If they are defined too tightly in statute law, and then new media appear and changes take place in the way in which the media are produced, we shall find that we must continually update primary legislation in order to keep up with the changes. The hon. Gentleman put his finger on it when he referred to those older definitions and the fact that they have changed. It is better to set a wider definition. The commission can issue guidance, and if problems arise, the courts can interpret the definitions in the light of changes in the way in which media organisations work, and changes in technology. That way of proceeding will produce a tighter definition than trying to include too much detail in primary legislation, which will then become out of date.

The hon. Gentleman asked about our use of the words “broadcast” and “programme”. Again, we wanted the clause to be consistent with the third-party expenditure provisions in the PPRA, and also with the parent terms in the Broadcasting Act 1996, to which the hon. Gentleman referred. We did not want to open up gaps enabling people to argue that the words did not mean what they had in those original pieces of legislation.

My hon. Friend the Member for Cities of London and Westminster referred to new media and changes in communication and technology, particularly in the context of the internet, e-mail and similar techniques. Because this will be the first United Kingdom-wide referendum to use the framework in the PPRA, one of the commitments that the Government have given to the Lords Constitution Committee, which has prepared a report on referendums, is that once it has taken place we will review the way in which it has operated, in order to establish whether we should make any legislative changes—changes in the framework, not just in specific referendums.

As my hon. Friend will know, the coalition Government are committed to introducing more referendums on both European and local matters. We now have a good opportunity to review the working of the system and to establish what practical changes are needed, given that there are likely to be more referendums in the future.

[Chris Bryant]

I thought that there would only be more referendums on European matters if treaties were proposed that would take powers away, but that is—I hope—a debate for another day.

I am still somewhat perplexed about the Minister’s understanding of “broadcast” and “programme”. I recognise that there are parallels in other legislation, but the concept of what constitutes the expense is material in this context. Is it the expense of making the referendum broadcast, which might include the cost of filming and so forth, or is it the expense of broadcasting the programme?

[Mr Harper]

I have not yet dealt with the hon. Gentleman’s point about party election broadcasts and referendum broadcasts.

On the issue of election broadcasts as against referendum broadcasts, it will be for the Electoral Commission to address the matter of referendum broadcasts with the yes and no campaigns once they have been designated. I listened very carefully to the remarks of the hon. Member for Rhondda about the differences between the rules for party election broadcasts and for referendum broadcasts and the provisions on them, and I thought—if I may say so as he was very courteous about me—that he explained them very clearly. On his specific point about the rules in respect of combination and what correspondence there was on that with Ministers in devolved Governments, as he will know, Ministers in devolved Governments are not responsible for the administration of elections. At present, that is the responsibility of the three territorial Secretaries of State and my officials and I have been discussing these matters with them. The hon. Gentleman will also know that the Calman proposals include recommendations to devolve the administration of elections in Scotland to the Scottish Government, but that has not yet taken place.

[Chris Bryant]

So there has been absolutely no consultation with the Administrations in Scotland, Wales or Northern Ireland about the combining of polls, the statutory instruments that are to be laid later this week, or the referendum broadcasts, which in Wales are the responsibility of the Welsh Assembly not Ofcom?

[Mr Harper]

No, that is not what I said. The hon. Gentleman asked about what correspondence I had had on administering the elections, and I was just making the point that that is not the responsibility of Ministers in the devolved Administrations. There has, of course, been some contact, however. The hon. Gentleman will know that my right hon. Friend the Secretary of State for Wales has had discussions with the First Minister about, for example, the combination and whether the Welsh Assembly Government wanted to move the date of their election. They made it very clear that they did not. The hon. Gentleman will also know that my right hon. Friend the Secretary of State for Scotland has also had such conversations. Furthermore, I forwarded copies of the letter I sent to the hon. Gentleman and other Members explaining how we were going to lay the new clause and new schedules on combination that we will debate today not only to Ministers in the devolved Administrations but to the leaders of each of the parties represented in all three devolved bodies—the Parliament and the two Assemblies—in order to keep them informed. That is a perfectly reasonable way to conduct our business, and it is properly respectful of those nations.

[Chris Bryant]

Except that it is not much of a consultation if the Secretary of State for Wales goes to the First Minister in Wales and says, “The referendum is going to be held on the date of your Assembly elections. Do you want to move your Assembly elections?” That is a pretty rum sort of consultation—more a case of holding a gun to the other side’s head than a proper consultation.

[Mr Harper]

I do not think that the hon. Gentleman is characterising that in a sensible fashion. This is a national referendum to be held in the United Kingdom, and it is a reserved matter for the UK Government to decide upon. When this whole issue arose and my right hon. Friend the Deputy Prime Minister made a statement to the House, some Members asked what consultation had taken place and he made it clear that this is a matter for the UK Government and that it was right that this House heard the announcement first, before any conversations took place with the devolved Administrations. I do not think that is disrespectful; rather, it is properly respectful of the rights of this House.

[Mr Harper]

I thank the hon. Gentleman for that point. In my response to the hon. Member for Rhondda, I set out what the arrangements are now for the administration of elections. One of the things that has been discussed as part of the Calman proposals is the suggestion to devolve the administration of elections to the Scottish Government. I hope that we can take that forward, and I am sure that the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) would welcome it. I think that I have run through the issues raised by the hon. Member for Rhondda and by my hon. Friend the Member for Cities of London and Westminster. He is no longer in his place and that demonstrates that his questions have been adequately answered.

[Chris Bryant]

It does not follow.

[Mr Harper]

I think that in this particular case it does follow. It might not follow if the hon. Gentleman left his place, but I think that my hon. Friend has left the Chamber because he was satisfied. Therefore, I ask hon. Members to support the new clause.

Question put and agreed to.

New clause 19 accordingly read a Second time, and added to the Bill.

New Clause 20

Combination of polls

‘(1) Where the date of the poll for one or more of the following is the same as the date of the poll for the referendum, the polls are to be taken together—

(a) a local authority election in England;

(b) a local referendum in England;

(c) a mayoral election in England.

(2) The polls for the referendum and the Welsh Assembly general election in 2011 are to be taken together.

(3) The polls for the referendum and the Scottish parliamentary general election in 2011 are to be taken together.

(4) Where the date of the poll for one or more of the following is the same as the date of the poll for the referendum, the polls are to be taken together—

(a) a Northern Ireland Assembly Election;

(b) a Northern Ireland local election.

(5) The following have effect—

Schedule [Combination of polls: England], in relation to the polls to be taken together in England under subsection (1);

Schedule [Combination of polls: Wales], in relation to the polls to be taken together in Wales under subsection (2);

Schedule [Combination of polls: Scotland], in relation to the polls to be taken together in Scotland under subsection (3);

Schedule [Combination of polls: Northern Ireland], in relation to the polls to be taken together in Northern Ireland under subsection (4).

(6) Polls taken together under this section must not be taken together with any other polls (despite provision in any enactment to the contrary).

(7) Section 16 of the Representation of the People Act 1985 (postponement of poll at parish elections etc) does not apply to any polls taken together under subsection (1).

(8) In this section—

“local authority election in England” means the election of a councillor of any of the following— a county council in England; a district council in England; a London borough council; a parish council;

(a) a county council in England;

(b) a district council in England;

(c) a London borough council;

(d) a parish council;

“local referendum in England” means a referendum held in England under Part 2 of the Local Government Act 2000;

“mayoral election in England” means an election in England for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000;

“Northern Ireland Assembly election” means an election to the Northern Ireland Assembly;

“Northern Ireland local election” means a local election as defined by section 130(1) of the Electoral Law Act (Northern Ireland) 1962;

“Scottish parliamentary general election” means an ordinary election under section 2 of the Scotland Act 1998;

“Welsh Assembly general election” means an ordinary election under section 3 of the Government of Wales Act 2006.’.—(Mr Harper.)

Brought up, and read the First time.

--- Later in debate ---

[Mr Harper]

Encouragingly, the hon. Member for Rhondda took rather less time speaking to the previous new clause than he took last week. That may be a step forward and perhaps we may indeed—

[Chris Bryant]

rose—

[Mr Harper]

Oh come on, that was a semi-serious comment and it does not require a response. [Interruption.] Oh go on then.

[Chris Bryant]

It will get a semi-serious response; I do not want the hon. Gentleman to worry about this. I merely wish to remind him that the Deputy Leader of the House, who is sitting next to him, has said:

“I am saying that every Member of this House has the right to express their opinion before this House in whatever way they feel is appropriate and to be listened to.”—[Official Report, 19 January 2010; Vol. 504, c. 173.]

I am sure that the Deputy Leader of the House still feels that that is true.

[Mr Harper]

I agree, and indeed we did listen to the hon. Gentleman at length—I am just not sure that what he said would not have been improved had it been a little more brief. [Interruption.] It is a jest; do not take it so seriously.

As the hon. Gentleman said, the new clause and the new schedules are fairly sizeable. I am not going to labour the discussion on them, but they are important and so I shall go through them in some detail—I hope not to detain the House for longer than is absolutely necessary. They are required to provide that the referendum on the voting system can be combined with the eight different elections or local referendums across the UK that could take place on 5 May 2011. The “combination amendments”—I use a collective noun for them—consist of one new clause and four schedules. There is a schedule to deal with the combination with elections or local government referendums for each of England, Wales, Scotland and Northern Ireland. Each schedule is divided into three parts: part 1 deals with general provisions; part 2 deals with postal voting provisions; and part 3 deals with forms.

I think it is helpful to state that we decided not to include the combination provisions in the Bill when it was introduced on 22 July in order, as we said then, to allow us time to work with the Electoral Commission, the Association of Electoral Administrators and others in government, particularly those in the territorial offices, to make sure that if we did hold the referendum on the same day as elections, notwithstanding the arguments that Members of the Committee have made about whether or not we should do so, those polls would be well conducted and well run.

Our general approach has been to adopt a consistent approach for the referendum across the UK, but we have recognised that in some areas there is a need for variation to reflect local circumstances. For example, following consultation with the Scotland Office, the Wales Office and the chair of the interim Scottish electoral management board it became apparent that it would make the conduct of the referendum and elections easier for administrators if, in Wales and Scotland, the referendums were run on the same respective boundaries as the Welsh Assembly and the Scottish parliamentary elections. Appropriate provisions were consequently added to the Bill following a successful Government amendment last Monday and further provisions to support this are included in new schedules 3 and 4.

I am conscious that this is a sizeable set of amendments and it is only right and proper that we should go through them in some detail, so let me set them out for the benefit of the Committee. At the end of my remarks I shall say something about the territorial orders, so if the hon. Member for Rhondda (Chris Bryant) feels the urge to intervene on me about that point, I want him to know that I will get to it and, if he will hold his horses, I will set it out.

New clause 20 provides that the referendum on the voting system will be combined with the following polls, which are scheduled to take place on 5 May next year: elections to the Welsh Assembly, elections to the Scottish Parliament, elections to the Northern Ireland Assembly, local elections in England, local elections in Northern Ireland, mayoral elections in five local authorities in England and parish elections in England. There is also a strong likelihood that there might be some local mayoral referendums in England on 5 May and we have included provisions to allow those polls to be combined with the referendum.

New clause 20 includes provisions on parish elections, which reflect the commitment that I made to my hon. Friend the Member for South West Bedfordshire (Andrew Selous) on Second Reading. In England, parish council elections will be combined with the local elections and the referendum on the voting system and not postponed for three weeks. The Government’s decision takes into account the positive impact on turnout and the savings that can be made by combining these polls. Before making that decision, I was reassured by the Electoral Commission and the Association of Electoral Administrators that it would be possible in practice to combine the referendum, local elections and parish council elections on 5 May. I understand that that position is also supported by the National Association of Local Councils.

Subsection (6) of new clause 20 provides that, with the exception of the polls I have mentioned, no further polls will be combined with the referendum if they are arranged for 5 May. If there are any other unscheduled polls, such as a UK parliamentary by-election or a local government by-election in Wales, that run on separate boundaries, they will be run as separate elections, which will be easier and more straightforward for electoral administrators.

New schedule 2 sets out the provisions for the combination of the referendum with local parish and mayoral elections and local government referendums in England. I can advise the Committee that the majority of these provisions mirror those that already exist for combining polls under the various combination rules included under relevant pieces of legislation, such as the “Mayoral Elections (Combination of Polls) Rules” set out in schedule 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007. I fear that I might refer to similarly exciting-sounding parts of the legislative book during this debate.

Part 1 of new schedule 2 contains the following provisions, which I am sure that the Committee will be interested to note. Paragraph 3 provides that at a combined poll, a counting officer will be able discharge a number of the functions for which a returning officer would usually be responsible at an election. In short, it means that those functions that are discharged by referendum counting officers, such as the provision of polling stations, appointment of poll clerks and issuing of combined poll cards, will automatically determine practice at both polls. We have allowed for decisions on most core functions that relate to the conduct of a combined poll to be made at the discretion of the counting officer. That follows the approach taken in existing combination legislation that when polls are combined, certain functions in relation to the conduct of both polls are carried out by one officer.

There are two key exceptions. The printing of the ballot paper for the election polls will remain under the control of returning officers. Decisions about whether or not to combine postal ballot packs will be made through the counting officer agreeing a position with the relevant returning officer. The latter position ensures that decisions will be made in accordance with local needs. There are situations in which combining those postal ballot packs would simply not be practical and legislating for counting officers and returning officers to do things that are simply not practically possible does not seem to be very sensible.



Paragraph 5 provides that the cost of the combined polls will be equally apportioned between them. For example, in the case of a combined referendum on the voting system and local government elections in England, the cost would be split 50:50 between the Consolidated Fund and the local authority concerned.

Paragraph 9 permits the counting officer to decide whether combined corresponding number lists should be used for the combined polls. Paragraph 11 provides that the notice of poll for the combined elections should be published

“not later than the 15th day before the date of the poll.”

The 15-day deadline is necessary to ensure that a consistent approach is taken for all the polls that we are combining on 5 May.

Paragraph 15 provides that the ballot papers used for the referendum must be a different colour from the ballot papers used for any combined poll, thereby preventing any risk that voters might confuse the ballot papers. Paragraph 16 provides clarity that the polling stations that the counting officer chooses for the referendum will be used for all combined polls taking place in the voting area.

--- Later in debate ---

[Chris Bryant]

I am grateful to the Minister for going through in some detail the large number of pages containing the amendments, new clauses and new schedules. The register for local elections in England will be different from the register used for the referendum, and from the register in Wales. The Government’s provisions suggest that there should be just one register in each polling station and that some kind of mark will be made somewhere to suggest who has had, and who has not had, each of the ballot papers. Is he confident that that will meet the requirement to make sure that nobody has a ballot paper to which they are not entitled? How will the returning officer make sure that the list of voters who have voted, or who have been given ballot papers, is accurately provided to the regional counting officer and then the counting officer, as well as to the local authority?

[Mr Harper]

The hon. Gentleman makes an important point. We are confident that the provisions will work appropriately. Combining the referendum with the elections may be controversial—although more for issues relating to the mechanics of the election—but it is not as though we never hold combined elections. We hold combined general elections and local elections, which have different franchises. There may be the odd problem, but in the main they work well, so this is not a new departure for those who run elections. We are confident about the rules, which we reached after close working with the Electoral Commission, which is responsible for running the referendum, and the Association of Electoral Administrators, which is responsible for delivering elections. They are confident that we have come up with a set of rules that maximise the ability of all individuals on the ground to run a smooth set of combined polls on 5 May 2011.

Part 2 of new schedule 2 includes provisions for the issue and receipt of postal ballot packs. The provisions apply existing legislation and make the necessary modifications. When read together, they set out the Government’s policy that the proceedings on the issue and receipt of postal ballot papers can be combined if returning and counting officers think fit. They also set out how the procedure works when papers are combined and when they are issued separately; the procedure and timing for the issue and receipt of postal ballot papers; the persons who are entitled to be present at proceedings on receipt of postal ballot papers for both the referendum and the relevant election; and the procedure for forwarding and retaining documents relating to the postal voting process—for example, postal voting statements, the proxy voters log and the postal voters list.

Part 3 of new schedule 2 sets out the combined forms that can be used for the purposes of the combined polls. The forms include corresponding number lists, postal voting statements, guidance for voters and a certificate of employment. As is the case for forms contained in the referendum rules, the Electoral Commission will be able to modify the forms for the purpose of making them easier for voters to understand or use.

I can confirm to the Committee that equivalent provisions with necessary modifications to take into account local needs have been provided for the combination of polls in Wales, Scotland and Northern Ireland under new schedules 3, 4 and 5.

--- Later in debate ---

[Mr Harper]

Well, because they are not registered for a parliamentary ballot. The reason for making those equivalent is that the referendum is taking place on the Westminster parliamentary franchise—

[Chris Bryant]

No, it is not.

[Mr Harper]

Plus peers; and it seems that using those who have asked for a postal vote for that type of election, given that we are talking about changing the voting system—

--- Later in debate ---

[Mr Harper]

My hon. Friend is spot-on. To be frank, I think that voters are perfectly capable of working out what elections or referendums are taking place. Voters in Wales will have had some warm-up practice in March, because they will have had an important referendum on the powers that the Welsh Assembly Government should have. They will therefore have had the opportunity to think about whether they want an absent vote. That will mean, I am sure, that at the front of their minds, as they approach the elections and referendum on 5 May, they will be thinking hard about whether they will be around and able to vote in person, or whether they should apply for an absent vote. At least in Wales, therefore, what the hon. Member for Glasgow South suggests might happen is unlikely to do so.

Now, where did I get to? [Laughter.] There have been so many interventions. I suspect that it was nice for everyone to break up the monotony of my voice reading out these exciting provisions, so I am happy to have taken those criticisms from the Committee.

Given that the provisions in schedules 3 to 5 are largely consistent with those I have outlined for England, I am sure that the Committee will be relieved to hear that I do not intend to go through their contents in the same detail. However, I will go through some of the key provisions we have made for Scotland, Northern Ireland and Wales. As I confirmed earlier, we have amended the definition of a voting area for the referendum as it applies in Scotland and Wales to provide that the referendum is to be run on the same respective boundaries as Scottish parliamentary and National Assembly for Wales elections. That will help with the administration of the elections, as the officials involved in delivering them have said.

We have kept the provisions on the timing of the count silent in the legislation to allow sufficient flexibility for the counts for the devolved elections to take place prior to the referendum count. We have based the postal voting provisions in part 2 of schedules 3 and 4 on those that apply for Welsh Assembly and Scottish parliamentary elections, making modifications where necessary to take account of the referendum. That will ensure that small differences in regional practice on postal voting will carry through to the referendum.

[Chris Bryant]

But why? Why should there be variations in postal vote practices around the country for a UK-wide referendum?

[Mr Harper]

It is because we are combining it with elections that are different in different parts of the UK. Picking up on points that hon. Members were making earlier, I can say that the poll cards issued will confirm the voting arrangements that will apply to a particular elector for each poll. They will explain to electors the arrangements in place, and people will be able to apply to the registration office to vary their postal voting arrangements up until 11 days before the poll, or six days before the poll where a proxy vote takes place. That will be helpful.

The Committee will want to be aware—certainly the hon. Member for Rhondda will—that I can confirm that all the new orders have been laid by the territorial offices today to update the rules for the elections to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales. Given that the combination amendments just discussed are based on existing legislation, as is usual practice, any consequential amendments reflecting those new territorial orders will be tabled for debate on Report next week, as I said last week.

--- Later in debate ---

[Chris Bryant]

rose—

[Mr Harper]

If the hon. Gentleman will forgive me, I will come to him when I have completed this point.

We recognise that there is a different qualitative issue raised by the combination of the general election and these elections. As I have said in previous debates, we are thinking about how that issue may be dealt with, and we will come back to the House and the devolved Administrations in due course.

--- Later in debate ---

[Mr Harper]

Let me take the hon. Member for Rhondda first.

[Chris Bryant]

It seems extraordinary that the Government are taking this attitude in relation to consulting the devolved Administrations about their own elections. I fully understand that they do not have legislative competence for that matter—it is a competence reserved to Westminster—but it would be common human decency to be able to consult them. In the past, the Minister has tried to argue that he wanted to tell this House before he told anybody else. However, he knows perfectly well that through the Joint Ministerial Committee there are provisions for the Government to speak to the Welsh Assembly Government, the Executive in Scotland and so on. There is no reason why he could not have used those processes perfectly well.

[Mr Harper]

The hon. Gentleman should know that those processes have been used. The matter has been raised at the JMC. I am thinking back to—

--- Later in debate ---

[Mr Harper]

I am very grateful to the hon. Gentleman. I will not add to his point, but I am now slightly envious that I am not a Member of the Scottish Parliament too, and so cannot indulge in such debates on a daily basis. I now know what I am missing out on by not participating in Scottish politics.

In answer to the hon. Member for Rhondda, I can confirm that these issues have been discussed at the JMC. If he does not believe that they have, I will happily write to him and give him the details.

[Chris Bryant]

To be honest, I do not want the Minister to write to me, I want him to consult the respective Executives in—[Interruption.] The hon. Member for Na h-Eileanan an Iar (Mr MacNeil) should calm down. The Government are ensuring that he has his own rotten borough, so he does not have to worry about the Bill.

I want to ensure that consultation happens properly. We rightly insist that before any European Union legislation is brought in we should have 10 weeks to do our proper parliamentary duty, and the same should apply to the Welsh Assembly, the Scottish Parliament and the Northern Ireland Assembly. The Minister is deliberately eliding two concepts. Raising the matter at the JMC is one thing, but consulting expressly on written documents, which has not happened in relation to any of these issues, is something else altogether.

[Mr Harper]

The hon. Gentleman said that he wanted to ensure that these issues had been discussed, and they have been raised and discussed at the JMC. The devolved Administrations probably still disagree with the Westminster Government’s decision, but the matter has been discussed. He is not making a very sensible point.

--- Later in debate ---

[Mr Harper]

No, I do not think there is, actually. People are perfectly capable of laying out the prospectus on which they stand and the important issues on which they are campaigning in the elections to the Welsh Assembly, Northern Ireland Assembly and Scottish Parliament, and also joining the yes or no campaign on a voting system for this Parliament. That is not very complicated at all, and our voters will show us that we are underrating them if we take that view. Incidentally, next week, Americans will vote in an extraordinary number of elections—I shall pursue that thought only briefly, Mr Evans, for fear that you will rule me out of order—and they are perfectly capable of doing that, in the same way as voters here are perfectly capable of voting in two or three sets of elections next year.

[Chris Bryant]

The Parliamentary Secretary knows that the system that evolved in the United States because they have so many elections at the same time means simply pulling a Democrat or a Republican switch. Surely he does not intend to move to that system.

[Mr Harper]

Not at all. Many voters give much thought to whom they will support in different elections. There are many examples of people voting differently in different sorts of elections, doing what they call splitting the ticket.

--- Later in debate ---

[Mr Harper]

I have dealt with the point that the hon. Member for East Kilbride, Strathaven and Lesmahagow (Mr McCann) made, perhaps not to his satisfaction, but at length. I have a few more sentences and I am done. Hon. Members can make their own speeches then. I have been reasonably generous in giving way.

The territorial orders were tabled today. When the Committee stage is complete we will table the amendments, as I promised hon. Members last week, so that the House can debate them to reflect the new territorial orders—

[Chris Bryant]

How?

[Mr Harper]

The territorial orders have been laid before the House, and are therefore available to Members. They are not amendable, but it is possible for the House to vote them down, in which case we would simply revert to the combination provisions that we are discussing. If the House votes for them, and for our amendments next week, we will have been able to debate all the rules that will be in place next year, and will not have left it to their lordships.

--- Later in debate ---

[Mr Harper]

As I set out earlier in this debate, clearly it would not have been sensible for us to table changes to the Bill to reflect orders that had not yet been laid before the House, but they have been laid before the House today, so—[Interruption.] The hon. Gentleman says that they have not been agreed. I have said that they have not been agreed, but they have been laid before the House—both of them under the affirmative procedure, so they have to be voted for. If this House or the other place were to vote them down, we would revert to the rules that exist already. We would then be able to go back to the provisions that I am explaining today, which will have been debated in this Committee. Either way, this House will have had the opportunity, on this Bill, to debate the provisions that will be in place for elections next year. That is what I committed to arrange, and that is important.

[Chris Bryant]

rose—

[Mr Harper]

I know that the hon. Gentleman is going to find whatever convoluted way he can to try to pretend that that is not the case, but on any reasonable reading of the situation, we have ensured that before the Bill leaves this place, this House will have had the opportunity to debate the provisions, rather than leaving that to the other place.

[Chris Bryant]

rose—

[Chris Bryant]

It does not need to be convoluted; it is pretty straightforward. I presume that the Minister will agree with me that the law on combination of polls in Scotland, Northern Ireland and Wales next Monday will be precisely the same as it is today, so we will not be able to debate amendments to anything other than speculative legislation that will not have been carried by then and will therefore not be the law.

[Mr Harper]

It is correct that that legislation will not have been carried by the House, but it will be available for Members to debate. There are two scenarios: either the House will approve the orders that my right hon. Friends have laid before the House today—in which case the amendments that we will table once the Committee stage is finished, which we will debate on Report next week, will come into force—or the House will vote those orders down, in which case we will revert to what we are talking about today. In either situation, this House will have had the opportunity to debate those provisions—I suspect at length—and they will therefore not be left to the upper House.

We have tried hard to ensure that the elected House has been able to debate both the provisions on the referendum and those on boundaries. If I remember rightly, in the previous Parliament, in which I served, the Government of whom the hon. Gentleman was a member were not so fastidious about ensuring that this House was able to debate provisions. Significant pieces of legislation went to the other place without any debate at all on enormous portions of it. To the extent that it has been within the power of the Government, we have taken great care to ensure that by the time this legislation leaves this House next Tuesday, all the key issues will have been debated and voted on by this House. We may not have achieved perfection, but we have made a pretty good stab at it, and I have to say—honestly—that what we have done is a considerable improvement on much of what the previous Government did. I would ask Members to bear that in mind.

The provisions on postal voting in local elections in Northern Ireland are changed substantially by one of the orders laid today, so it would not have been sensible to deal with that in the current group of amendments. However, to finish on a point that I hope will bring the hon. Gentleman great cheer, I can confirm that no amendments will be necessary in relation to the combination provisions for Wales, as the changes to be made to the rules governing the conduct of the Welsh Assembly elections do not affect any rules relevant to combination with the referendum. On that note, which I am sure will gladden his heart, let me conclude by saying that the combination provisions that we have provided are necessary for the smooth running of all the polls that are scheduled to take place next May.

[Chris Bryant]

I am grateful to the Minister for giving us some of the detail on the amendments, although he has not given all of it, which is significant. I would like to start by picking up where he finished—on the due process that needs to be followed in relation to anything when it reflects the representation of the people, constitutional matters, or the constitutional relationship between Westminster and the devolved Administrations, but which has not, I believe, been followed in this case.

Of course, there should first be pre-legislative scrutiny, but, as we have heard, the Bill has had absolutely none. It is true that the Government published the Bill, but it exists not because of some grand constitutional principle but because of some naked partisan gerrymandering of a Bill. I am sure that if it had been published in pre-legislative form, so that a Committee of this House or a Joint Committee of both Houses had been able to consider it, that Committee would have said, right at the beginning, “You shouldn’t be spatchcocking together these two elements of the Bill”—[Interruption.] Or, “You shouldn’t be kebabbing the legislation in this way.” The Parliamentary Secretary helps me. It is not really spatchcocking; it is more kebabbing. It requires more of an inner-city image than a rural image; he is quite right.

--- Later in debate ---

[Chris Bryant]

Yes, and I not think anybody could call the Committee’s Chair a patsy. He is a man of fierce independence—sometimes overly fierce, and sometimes overly independent—and the Select Committee’s findings were extremely clear. It reported:

“The Government is determined to pass this legislation quickly in order that the referendum on the Parliamentary electoral system can take place in May 2011. However, we agree with the Political and Constitutional Reform Committee”,

which, incidentally, does not have a Labour majority on it either,

“that the Bill has been given insufficient time for proper scrutiny. ”

It continued:

“The Welsh Grand Committee gives all Welsh Members the opportunity fully to debate issues relating to Wales. That the Parliamentary Voting System and Constituencies Bill impacts significantly on Wales is clear. In the light of this, we consider the Secretary of State for Wales’s decision not to convene a meeting of the Welsh Grand Committee in this instance to be very disappointing.”

Conservative Members are attacking a Conservative Secretary of State for Wales. It seems extraordinary that the Committee has not had an adequate opportunity to consider the Welsh element of the Bill, particularly the Welsh elements that are before us this afternoon, which are extensive.

Let me make another point about the proper process that should have been observed. We believe in pre-legislative scrutiny and consultation on any constitutional Bill, but this Bill additionally affects elections in Wales, Northern Ireland and Scotland. The previous elections for the Scottish Parliament led to significant problems, which my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Mr McCann) mentioned. This shows how important it is to have proper consultation with each of the devolved Administrations. By that, I mean, first and foremost, consultation “from Government to Government” as it were—that is, the Westminster Government speaking to the Scottish Executive, to Ministers in Northern Ireland and to the Welsh Assembly Government. That could have happened confidentially on a “Government to Government” basis; there is absolutely no reason why that should not have happened.

As I understand it, prior to the comprehensive spending review, extensive confidential discussions took place between relevant Ministers so that Ministers in Wales, Scotland and Northern Ireland knew more than this House did about what elements would affect their budgets. I have no complaint about that happening with the comprehensive spending review; my argument is that it should apply to the devolved Administrations in respect of this Bill.

[Mr Harper]

As I have said in response to interventions from other Members, the devolved Administrations—and even the devolved Parliaments and Assemblies—do not have a role in delivering elections. Although, as I have said, the position will change for Scotland, the Secretary of State is responsible for administering elections. The hon. Gentleman may not like that, but it is the position and we have worked closely with the territorial offices to ensure that procedures for the referendum work closely with the procedures for elections. That is the position.

[Chris Bryant]

Of course I understand the legal position. Local elections may or may not be happening at the same time in Scotland, Northern Ireland and Wales—they will happen across Northern Ireland but perhaps only because of a by-election in Scotland or Wales—but the Assemblies have a degree of responsibility for the conduct of the elections to the Welsh Assembly, the Scottish Parliament and the Northern Ireland Assembly. The Bill decouples the Welsh Assembly constituencies from the parliamentary constituencies so that the Government are able to reduce the number of seats in Wales by 25%. I would have thought that that creates an additional need to consult.

I think that there should have been consultation at two levels. There should have been a degree of consultation at ministerial level, but, because these issues affect the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly in their entirety, it would have been common courtesy to consult the Assemblies and the Parliament as Assemblies and a Parliament. In respect of European legislation, we now have a standard and proper process of consultation between the relevant European Committees in the House of Commons and in Scotland, Wales and Northern Ireland. In respect of the Bill, however, there has been no adequate consultation either with the Parliament and Assemblies or with Ministers.

--- Later in debate ---

[Chris Bryant]

My hon. Friend is absolutely right. The proper process for a statutory instrument is that, first, consideration is given to whether it should be taken on the Floor of the House or in Committee. Given that all three of these statutory instruments relate to elections and are of a constitutional nature, my preference, and that of Labour Members, is for them to be taken on the Floor of the House and not in some Committee without general public scrutiny. Secondly, statutory instruments have to be considered by the Joint Committee on Statutory Instruments, which has a limited remit but can examine whether the affirmative or the negative resolution process should be used. Last week, as my hon. Friend rightly says, Ministers, including the Leader of the House, did not seem to have the faintest idea whether or not these would be subject to the affirmative procedure. I am glad to say that the Minister has now made it clear today—

[Mr Harper]

indicated assent.

[Chris Bryant]

He has now made it clear, and we are deeply grateful to him, that these instruments will be dealt with by the affirmative procedure. Indeed, my hon. Friend the Member for Cardiff West (Kevin Brennan) received a letter to that effect—I was copied into it—on Friday.

We also need to consider what their lordships should do. I contend that we should proceed steadily, rather than at a gallop, on constitutional reform. That means, first, that the Joint Committee on Statutory Instruments and the Merits of Statutory Instruments Committee in the House of Lords should go through their processes. We should then decide on the Floor of this House whether we agree the order, as should the House of Lords. That process is particularly important because these orders are not amendable and so we ought to ensure that we have a proper process in place before we reach the Report stage—I do not see how we can consider matters on Report until that has been done.

--- Later in debate ---

[Chris Bryant]

I am not quite so negative as my hon. Friend about returning officers, but the hon. Member for Epping Forest (Mrs Laing) had an excellent debate in Westminster Hall the other day—[Interruption.] She is not in her place at the moment, but I am sure she will be later.

[Mr Harper]

The hon. Gentleman was gesturing.

[Chris Bryant]

Yes, I was gesturing to the hon. Lady as if she were there, because in spirit she is sitting just over the Minister’s shoulder, keeping a beady eye on him.

My point is that returning officers often have not only the law breathing down their neck, but elected Members who, in particular at the moment, are understandably worried about the financial situation. They will be wondering whether it is better to spend money on electoral registration, the proper running of election counts and buying more polling station equipment, or on keeping a swimming pool open. I understand the pressure on returning officers, who want clarity from Parliament, but sometimes, as my hon. Friend the Member for Glasgow South (Mr Harris) said, they are wrong.

--- Later in debate ---

[Chris Bryant]

The hon. Gentleman is a Liberal Democrat, and I am sure that he knows all about confusion, especially at the moment. I think that he is trying to quibble to end up with a position that he can proudly defend. In 2007, he would probably have been saying that the elections should not have been held at the same time, so he should be advancing the same argument now. However, I leave that for him and his conscience.

The Welsh Affairs Committee cited Lewis Baston, the senior research fellow with Democratic Audit, who argued that the coincidence in 2015—if the Fixed-term Parliaments Bill goes through in the way that the Government intend—of a general election with Assembly elections in Wales and parliamentary elections in Scotland is even more troubling because

“the elections for Westminster and the Assembly would be taking place on different systems”—

precisely the point made by the hon. Member for Argyll and Bute (Mr Reid)—

“on the same day and, more complicatedly, on two sets of boundaries which will hardly ever correlate with each other.”

I am absolutely certain that because the hon. Gentleman is a very honourable gentleman who is always consistent with his arguments, he will therefore vote against provisions in the Fixed-term Parliaments Bill whereby elections in Scotland and Wales are to be held on the same day as the general election. I can see from his smile that I already have his vote in relation to any such amendments.

I am sorry that I have been unable to deal with all the other amendments that we tabled on Wales, Scotland and Northern Ireland, but some of them merely repeat the other amendments to new schedule 2 as regards England. I hope that we will have an opportunity to vote on quite a number of these proposals.

[Mr Harper]

First, I will pick up several issues raised by the hon. Member for Rhondda (Chris Bryant) and other Members, and at the end of my remarks I will ask the Committee to vote for my new clause and new schedules and to vote against all the amendments tabled by the hon. Gentleman. For colleagues requiring a simple way of thinking about it, that is what I am asking them to do, and they can now choose whether they want to listen to the rest of my remarks.

--- Later in debate ---

[Mr Harper]

I will not, but I will of course correctly assign the comment to the hon. Member for Rhondda. It perhaps demonstrates that he needs to learn a little more about horses and carts before he makes such allusions.

The hon. Member for Rhondda mentioned combined elections and said that the Government had chosen the date of other elections for the referendum. I cannot help but observe that in both 2001 and 2005 the previous Government specifically chose to have general elections on dates when county council elections were already planned. They knew that in advance, and the elections were combined. They ran perfectly well and passed off without incident. I do not have any complaint about that, but for the Opposition to complain about our choosing to have a referendum on a date when there are other elections seems a bit rich.

[Chris Bryant]

I think I am right in saying that the hon. Gentleman has just said that the 2001 general election was held on the same day as the local elections. It was not: it was held in June, which was when I was first elected. That is yet another reason for him to resign.

[Mr Harper]

No, not at all, because the local elections were also held in June, because of the foot and mouth outbreak. Both sets of elections were moved, and they were on the same day, so it is the hon. Gentleman who should resign. I remember that very well, because my constituency was badly hit by the foot and mouth outbreak and the shambolic way in which it was handled by the Labour Government. That was one good reason why I was elected in 2005, and re-elected this year.

[Mr Harper]

I have said both today and on earlier days that notwithstanding the short time available to it, the Political and Constitutional Reform Committee did a sterling job of taking evidence and producing a comprehensive report on the Bill. We have examined what it said with great care, even though we do not necessarily agree with it.

The other point that I would make on that subject is that at business questions last week, when some hon. Members were complaining about the amount of time available, an Opposition Member who speaks for her party from the Front Bench complained that we were allowing too much time. She said that it was not very helpful that the House was sitting late, and asked what we were going to do to make the hours of the House more “predictable and family-friendly”. I can only observe that there is a balance to be struck. Some Members think we should sit all night, but when we allow more time, others criticise us for making the House less family-friendly. Opposition Front Benchers cannot have it both ways.

I wish to pick up some of the points that the hon. Member for Rhondda made. He alluded to what I said about combining elections in Northern Ireland, and said that there was not currently any provision to do so. There is provision to combine local elections in Northern Ireland with UK parliamentary elections, and that already takes place, but there is no power in existing legislation to combine Northern Ireland Assembly elections with Northern Ireland local elections. If we did not have such provision in the Bill, they could not be combined and would have to be run separately.

The hon. Gentleman’s amendments seeking to remove the provision for combining elections would not prevent elections from happening on the same day. They would just make it impossible to combine them. They would have to be run completely separately, which would incur extra cost and more complexity. Returning officers and counting officers could not ensure that the arrangements for those elections were brought together to work more sensibly. Those proposals would therefore not take us any further forward. We would still have the elections, but there would be more cost and complexity. He does us no favours by suggesting that.

I made a point about poll cards earlier, but I shall repeat it, because it came up in the contributions of the hon. Gentleman and a number of other hon. Members. Poll cards will confirm the voting arrangements that will apply to particular electors. When they get their cards, electors will know whether they have a postal vote in place, which of the elections they are entitled to vote in, and therefore whether they need to apply for a postal vote for any of the elections. The fact that poll cards will have that information on them will be very helpful.

The hon. Member for Rhondda also mentioned some of the other elections that we propose to combine. I want to correct a small error. I think that I said that five mayoral elections were planned for next year, but the figure is four. I shall list the places for the hon. Gentleman’s benefit: Bedford, Middlesbrough, Mansfield and Torbay. It is possible that further mayoral elections or by-elections might take place next year, and our combination provisions would cover them.

The hon. Gentleman mentioned local government referendums. I understand that several petitions have been registered with local authorities about referendums for directly elected mayors. We think that at least some local referendums are likely to take place. If they are held on the same day, we and the administrators believe that it would be sensible to combine them.

I have already spoken about amendment (a) to new clause 20 to limit the combination of elections. The amendment would not stop the elections happening; it would simply mean that administrators could not take them together. That does not help. I understand the views of hon. Members who do not agree with combination, but we had a lengthy debate of around five and quarter hours about that on the first day of our Committee proceedings. We had the argument and the Committee made a decision. If we accept that the elections will take place on 5 May, the Government amendments intend to ensure that they work sensibly, instead of rerunning the debate about whether they should be held on the same day.

[Chris Bryant]

I understand the thrust of the Parliamentary Secretary’s remarks, but I am not sure that he is right. New schedule 2 refers to England, and although we discussed other elections in Wales, Scotland and Northern Ireland, we did not have a debate about whether English local elections should be held on the same day as the referendum.

[Mr Harper]

No, but we had a debate about whether the referendum should take place next May. If it does, it will be on the same day as the local authority elections. The Committee made a decision about the day on which it wanted the elections to take place—5 May.

Amendment (c) to new schedule 2 deals with the colour of the ballot paper. The current wording of new schedule 2 matches the version that is used in existing combination legislation, which has worked well for several years. The first sub-paragraph of amendment (c) is unnecessary. We do not believe that it is appropriate to give the chief counting officer first choice of colour for the ballot paper for the referendum, partly because of showing respect to the other polls on that day. I cannot remember who raised the point, but there may well be custom and practice about the colour of ballot papers for particular elections in different parts of the UK. We think it appropriate to allow returning officers to continue with their usual custom and practice and to choose a different colour for the ballot paper for the referendum to make it easy for voters to tell the papers apart.

Much to my surprise, amendment (d) is one of two topics on which I agree with the hon. Member for Bassetlaw (John Mann). The flexibility that we have allowed on combining poll cards would allow counting officers to make local decisions, which reflect conditions on the ground. There may be particular reasons for that. Returning officers have adduced logistical reasons why printers, distributors and sometimes other administrators cannot combine poll cards. It is not sensible to legislate for something that cannot be delivered on the ground. Our proposals are more sensible and leave the decisions in the hands of officials who can respond to local conditions.

On ballot boxes, my hon. Friend the Member for Burnley (Gordon Birtwistle), who is in his place, made the point well that we want to allow flexibility for administrators to do what makes sense. In some places, where there is only a small polling station, multiple ballot boxes might constitute overkill. Even if there are separate ballot boxes, one cannot guarantee that papers from the election or the referendum do not go into the other ballot box. One must therefore still take all the papers out, separate and verify them. Again, it is much more sensible to leave that decision to administrators, who can take account of local circumstances.

--- Later in debate ---

[Chris Bryant]

I seek clarification from the Parliamentary Secretary. He said that the three territorial authorities had laid their statutory instruments, but there is nothing in the Vote Office yet. The Scottish statutory instrument is available online, but not in the Vote Office. I hope that he will check the facts for us later.

[Mr Harper]

My information was that we had laid the three territorial orders in the Table Office. I think that that is correct—indeed, I confirm that it is.

--- Later in debate ---

[Mark Durkan]

rose—

[Chris Bryant]

rose—

[Mr Harper]

I am faced by a galaxy of choices. Let me give way to the shadow Minister first and then to the hon. Member for Foyle (Mark Durkan).

[Chris Bryant]

The Minister may be right that somebody has given the statutory instruments to the Table Office, but they are not available in the Vote Office. It would be for the convenience of the Committee if the Government provided copies to the Vote Office today, so that hon. Members can read them before we finish the amendments.

[Mr Harper]

I said that the Government would table the territorial orders today, because it is in relation to those orders—now that we have them and they are available—that we will be able to table amendments after the Committee stage finishes, for discussion on Report. The new clause and the Government new schedules that we have been debating today, and on which I will ask hon. Members to vote, refer to the law as it currently is, prior to the tabling of the territorial orders. Those orders are not needed for Members to deliberate today; they are needed for Members to table amendments for debate on Report, and they will be available to Members in good time for those debates.

[Chris Bryant]

I am just asking a simple thing, which is that the Minister should help the Committee. He says that all the statutory instruments have been tabled, but although the Scottish one is available online, the Welsh and the Northern Ireland ones are not. Would it not be simpler if he provided a few copies to the Vote Office? What possible difficulty can that give him?

[Mr Harper]

As with his lengthy speech, the hon. Gentleman is just going around creating confusion where there is none. The territorial orders that we have laid today—and we have laid them today—will be available for Members in good time for the debate on Report. The debate that we are having today is about new clause 20 and the Government new schedules, which, as he well knows, relate to the law as it currently is, prior to the tabling of the territorial orders, so he is creating a problem where none exists.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Chris Bryant

Wednesday 20th October 2010 Commons Chamber

[Chris Bryant]

First, let me briefly comment on the fact that before you took the Chair, Mr Hoyle, we had a former miner in the Chair and two Tellers who were also former miners, so, as the MP for the Rhondda I felt quite at home. But that has absolutely nothing to do with the amendment, I am afraid.

The amendment has been charmingly moved by the hon. Member for Epping Forest (Mrs Laing), who is absolutely right. This is an issue that I have tried to raise on several occasions—

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

Not so charmingly.

[Chris Bryant]

The Minister says that not so charmingly himself, so the favour goes back to him.

Under the clause, new subsection (5A) would read:

“As soon as may be after the submission of all four reports under subsection (1) above that are required by subsection (2) above to be submitted before a particular date, the Secretary of State shall lay before Parliament the draft of an Order in Council for giving effect, with or without modifications, to the recommendations contained in them.”

So the Boundary Commission will bring forth its report, there will be no public inquiry and the Minister will then bring forward the boundaries with or without modifications. It is the phrase “with or without modifications” that I have difficulty with, and clearly the Select Committee does too.

The hon. Lady mentioned that her Committee had to do its business very swiftly. Indeed, I think it had only five days in which to undertake a whole inquiry. That is one reason why I believe the Bill is being taken through with undue haste. A substantial number of amendments have been tabled and will be considered on Monday, but we already know that some of them are inaccurate and will be modified when the Government bring forward territorial statutory instruments in relation to Wales, Northern Ireland and Scotland. I very much hope that the Minister will enlighten us as to whether those statutory instruments will be subject to the affirmative or negative procedure. [Interruption.] That is not what will happen on Monday because the measures are not going to be debated next Monday at all, contrary to what the Deputy Leader of the House has just said from a sedentary position.

The Government believe that we should retain in present legislation the phrase “with or without modifications”. That is a pretty broad power.

--- Later in debate ---

[Chris Bryant]

Bearing in mind what the hon. Gentleman used to say when he was in opposition, I should have thought that he would support the scrutiny of legislation—and one has to talk to scrutinise legislation. No, we have not had enough time to scrutinise the Bill because there are four clauses and some schedules on which we have not had any debate at all. In addition, the Government have tabled 100 pages of amendments that we are going to debate on Monday, which means that we will not be able to debate issues such as the one that he is interested in—cutting the number of Ministers. I shall not take any lectures from him on how long one should speak in the House or on how much scrutiny there should be.

[Mr Harper]

Will the hon. Gentleman give way?

[Chris Bryant]

Of course I will give way to the eminently charming gentleman.

[Mr Harper]

If the hon. Gentleman thinks that the House requires more time to debate the Bill, why did he vote against the programme motion last week, which gave the House more time to debate it?

[Chris Bryant]

The Minister has clearly lost his marbles—it was because it did not give us enough time. The way in which the Government have behaved over this Bill has been an absolute shoddy mistake. They have consistently refused to provide enough time for us to debate the issues. [Interruption.] No, we did not vote against more time—we voted against the programme motion and we will continue to vote against such programme motions because we want to be able to do this job properly.

Elections and Returning Officers

Debate between Mark Harper and Chris Bryant

Wednesday 20th October 2010 Westminster Hall

[Chris Bryant]

The hon. Gentleman makes his point, and I hope that the Minister will be able to answer him on it. I will speak about combined polls a little later.

The Opposition tried to provide an answer to the issue of 10 o’clock voting with an amendment that was discussed last Monday. Unfortunately, not enough hon. Members felt able to vote for it. The Minister said that the problem with our amendment was that it introduced the concept of a queue into British legislation, and that that might be difficult to define. If the British Parliament cannot define a queue, I do not know which Parliament in the world would be able to do so. Many other places in the world have a system in which, for example, a person’s finger is dabbed with indelible ink the moment that they present themselves, and that is the moment at which they are entitled to receive a vote. I am sure that many other ways could be devised. I hope that the Minister will look specifically at a way of ensuring consistency across the country.

The hon. Member for Milton Keynes North made the point tellingly: in some constituencies, the returning officer decided to be generous and to stretch the regulations in one direction, but in other constituencies they decided to be extremely strict about how they operated the system. That inconsistency around the country does not inspire confidence in voters. In subsequent elections, people might think that if it is 9.30 pm or 9.45 pm there is no point going to vote because there are always queues at the polling stations.

I do not want to be nasty to the Minister this morning—

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

Keep it for this afternoon.

[Chris Bryant]

I cannot keep it for this afternoon because I do not think that the Minister will be responding to the debate then. However, I thought that he was a little complacent about that element last Monday afternoon. He said that the issue was not an enormous problem and that there was not an enormous number of instances in which it had happened. The figure of 1,200 was suggested, but I suspect that many more people were affected. I suspect that in Hackney North and Stoke Newington alone more than 1,500 people ended up not being able to vote because of the situation. I hope that the Minister will return to the issue with some means of providing consistency around the country.

The inconsistency around the country applies not only to what happens at 10 o’clock but to a whole series of different issues. In part, that is precisely because of the reason adduced by the hon. Member for Epping Forest: although the responsibilities and powers are laid down in statute, a wide amount of freedom is given to the returning officers and there is little accountability. I agree with the hon. Member for Manchester, Withington that it is ludicrous that such a job is thought of as additional to the job of electoral registration officer, and that somehow people have to be additionally recompensed in order to perform their function when there is a general election. I think that it should be part of the standard job description and that no additional fees should be payable. It should be run of the mill and part of doing the job. Frankly, if someone does not do the job well, they should not remain in it. It should not be a question of getting extra payments.

--- Later in debate ---

[Mr Harper]

My hon. Friend puts his finger on a point that my hon. Friend the Member for Manchester, Withington raised. In Manchester, there were polling stations that covered too great a geographical area, or far too many electors were expected to vote in them. It is good to hear that Manchester city council has taken steps to address that. It is one of the issues set out in the guidance from the Electoral Commission. It lays out broadly how many electors should be going to a particular polling station, precisely so that if there is a high turnout, that number of electors can be processed smoothly. It is good to hear that in places where we know that there were issues, they are being dealt with. I do not know overall across the country whether there has been a reduction in the number of polling stations.

I suspect that one problem was that given that turnout was lower at the last few general elections and at other elections, as the hon. Member for Rhondda highlighted, some acting returning officers made assumptions that turnout would continue at a low level and were caught unawares when, perhaps because people were more engaged in the election, they took part in it in greater numbers.

[Chris Bryant]

I am sure that the Minister is absolutely right, and I think that another assumption the officers made was that many more people would vote by post. That has undoubtedly happened: in my constituency we have lost, I think, eight polling stations since I was first elected in 2001, for all sorts of reasons that are pretty much insurmountable. Virtually everyone in those old polling districts now votes by post, notwithstanding the points made earlier by the hon. Member for Milton Keynes South (Iain Stewart).

[Mr Harper]

The hon. Gentleman makes a good point. I suspect that in some areas people have made assumptions about postal voting. Because of the problems that we have had with such voting at previous elections, quite a lot of my constituents who had decided to vote by post have now gone back to voting in person, partly because they like doing that but also because they feel that it is more secure. Acting returning officers need to take that into account.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Chris Bryant

Tuesday 19th October 2010 Commons Chamber

[Mr Harper]

My hon. Friend makes a very good point, and that is exactly why we chose the optional preferential system—so that voters could vote once if they wanted to, or for as many candidates as were available. We thought that that choice was better left to the voter.

[Chris Bryant]

rose—

[Mr Harper]

I will give way once more, to the Labour Front Bencher, and then I will make progress.

--- Later in debate ---

[Chris Bryant]

The Minister is absolutely right. In the present system, in multi-member wards in local government elections, if there are three seats to be filled, voters can put three crosses, if they want. Quite often, they do not use all three. That may be because they do not know that they are able to use all three, or it may be that they choose not to use all three—who knows? It is not for us to guess, but allowing voters a degree of freedom is a good idea.

[Mr Harper]

I am grateful to the hon. Gentleman.

I am conscious, Mr Gale, that the Chair will permit a stand part debate, so I will conclude my remarks on the amendment tabled by my hon. Friend the Member for Christchurch. As I say, I fear to point out to him that it is technically defective—it does not do what he intends it to do—so I request that he withdraw it and allow us to debate the clause as it is; we can then see whether the House is content to let the clause stand part of the Bill.

--- Later in debate ---

[Chris Bryant]

The most important element of the clause is the fact that it turns an advisory referendum into an implementing referendum. In one sense, it is one of the most important clauses in the Bill. Indeed, if there is a yes vote, it will directly change the voting system and several elements of it. I have a series of questions that I hope the Minister will be able to answer.

First, subsection (1) of the clause, on page 5 and on the subject of how votes are to be cast, states:

“A voter votes by marking the ballot paper with…the number 1 opposite the name of the candidate who is the voter’s first preference (or, as the case may be, the only candidate for whom the voter wishes to vote)…if the voter wishes, the number 2 opposite”

and so on. In relation to the discussion we have just had, I wonder whether if somebody marked the ballot paper with a cross against their first preference, which would clearly be an indication that that was the only way that they were choosing to vote, that would not be counted as a valid vote.

[Mr Harper]

rose—

[Chris Bryant]

Perhaps the Minister will be able to respond when he replies to the debate, because I have a few other questions in this vein. It would be my feeling that that should be the case, although I am not sure whether in law it is necessary for us to put it on the face of the Bill. I could not see it anywhere else in the schedule that pertains to this measure and consequently I presume that at some point we might need to put it into the Bill through some form of amendment. Obviously, it is important that we get this right now, because once the Bill has gone through, it will be far more complicated after the referendum—if it is successful and there is a yes vote—for us to go back to it.

Secondly, on page 5 it also says that if one candidate has more votes than the others put together, that is the determining factor, rather than achieving 50% plus one of the total votes cast. Will the Minister clarify why we are using that process? I presume it is because at each subsequent stage one would not be able to guarantee that anybody was going to achieve more than the 50% plus one of the total number of votes cast, including those that were spoilt and all the rest of it. I would be grateful if the Minister could reply on that point.

--- Later in debate ---

[Mr Harper]

I hesitate to jump forward, Mr Gale, because we are going to debate schedule 6, which is linked to this clause. Schedule 6 clearly sets out what to do if the voter does not use numerical marking. It works in the same way as current legislation, which asks the voter to make a cross but provides that if they make some other mark on the ballot paper that shows a clear preference, the returning officer can count it. The example that we had yesterday, which I have seen, was that if someone puts a smiley face, but only one smiley face, which shows a clear intention, it can be counted.

[Chris Bryant]

The difficulty is with the way in which the Bill has been constructed to have some elements of the provisions in the schedule and some in the clause. What will happen if someone puts a cross against a name and puts a 1 against another name?

[Mr Harper]

We cannot put in a piece of legislation every single possible scenario; that is not done in existing legislation. We have set out what we want voters to do and we have made provision for some common issues. Ultimately, as with today’s elections, the returning officer has discretion to judge whether the voter’s intentions are clearly expressed. If they are, the returning officer can take them into account, but if they are not, he cannot. That is how existing legislation works.

--- Later in debate ---

[Mr Harper]

I am grateful to the hon. Gentleman for that clarification, but he will forgive me if I do not want to get into what happened in Scotland a few years ago.

The final question that the hon. Member for Rhondda asked was why the Bill does not refer to a candidate getting 50% plus one of the votes. The drafting is designed to work not just in the first round but, as he suggested, in subsequent rounds. As came out in the debate on the amendment from my hon. Friend the Member for Christchurch (Mr Chope), although someone who wins under the alternative vote system has to have 50% of the votes that are still in the count, they do not necessarily have to have 50% plus one of the votes cast in the election, because if all voters do not express a preference, someone can get elected on a smaller share of the original vote.

It is important that I run briefly through the details of the clause, because, as the hon. Member for Rhondda has pointed out, if there is a yes vote next year, a Minister will have to lay an order before the House and the system we are debating will be the electoral system that is used in this country to elect Members to the House of Commons. It is therefore worth the Committee spending a little time considering what the rules would be.

[Chris Bryant]

Let me ask a brief question. If there were a by-election for a parliamentary seat next year, after a yes vote, which system would pertain?

[Mr Harper]

The first thing for me to do is draw the hon. Gentleman’s attention to the part of the Bill that talks about the order-making power. If there were a by-election, it would not be practical for different Members of the House to be elected by different electoral systems. The new system would come in at the general election so that every Member of the House was elected by the same electoral system. It would be invidious to do otherwise.

The clause sets out the key amendments to the parliamentary election rules, which are the conduct rules for parliamentary elections. It inserts two new rules—37A and 45A—which concern how votes are cast by voters, how votes are counted and how the winning candidate is elected. Further amendments are set out in schedule 6, which will be considered later. Of the range of voting systems, each has its advantages and disadvantages. As I have said, the Government are going to put before voters either the first-past-the-post system or this version of the alternative vote. In developing the provisions in the Bill, we have taken into account legislation and practices used elsewhere in the UK where preferences are used, as well as the experience of voting systems in other countries, such as Australia, where AV—albeit not the same version as we have proposed—is used in elections to the House of Representatives and in a number of state legislative assemblies. We have developed provisions that we think are best suited to the House of Commons, drawing on UK and international experience.

--- Later in debate ---

[Chris Bryant]

I think we have discovered another problem in the clause, have we not, in relation to what the Minister just said. He said that the Minister would not be bringing AV forward so that it affected any by-elections next year. However, clause 7 is the implementing element of the Bill and it hangs on clause 6, which says that the Minister must put all of this into operation by virtue of an order; and he is now saying that it is not stated anywhere in the Bill that that would happen at the next general election, rather than immediately. Let us say that there is a yes vote in May 2011 and there is a by-election at the end of May or in June or July, which is perfectly possible—or for that matter several by-elections—the Minister’s decision as to whether or not to bring in the order would almost certainly end up being challenged in the courts, because it is nowhere explicit in the Bill. So I am afraid that I do not find his answers sufficient. For that matter, I know he is relying on the word consequential in rule 45B(4), which states that the amendments have to be consequential. However, I know from our own time in government that the word consequential can be something of a weasel word, and some people try to slip larger things in than perhaps they should. I agreed with him when he used to condemn such matters.

[Mr Harper]

To return to my previous point, the hon. Gentleman should read clause 6 more closely. It states:

“The Minister must make an order bringing into force section 7, Schedule 6 and Part 1 of Schedule 7 (‘the alternative vote provisions’) if—

(a) more votes are cast in the referendum in favour of the answer ‘Yes’ than in favour of the answer ‘No’, and

(b) the draft of an Order in Council laid before Parliament under subsection (5A) of section 3 of the Parliamentary Constituencies Act…has been submitted to Her Majesty”.

In other words, this system will come into force, if there is a yes vote in the referendum, once the order has been brought in implementing the new electoral boundaries. If by-elections were to be held, they would be for constituencies with the old boundaries, not with the new ones, so I think I was accurate in the way I set out the position.

[Chris Bryant]

No, I do not think the Minister was, because he is relying on what happens in the rest of the Bill. Anyway, we are not convinced by the Minister’s presentation of his case on the clause, so we will be pressing the clause to a vote.

Question put, That the clause stand part of the Bill.

The Committee proceeded to a Division.

--- Later in debate ---

[Mr Harper]

These Government amendments—following our debate yesterday—genuinely fall into the technical category. Their purpose is to set out the procedure in the parliamentary election rules for determining which candidate is to be elected when only two candidates stand at an election under the alternative vote system and they receive the same number of first-preference votes. The amendments would provide for the returning officer to decide by lot which of the two candidates was to be elected.

Under the current first-past-the-post system, a tie between candidates is resolved by the returning officer drawing lots. Under the alternative vote system, the situation might arise whereby during the count either two or more candidates at a particular counting stage had the same number of votes or at the final counting round the two remaining candidates had the same number of votes. The provisions in paragraph 7 insert new rules 49 and 49A into the parliamentary election rules to deal with those circumstances. If the tie were at the first counting stage, on first-preference votes, lots would still have to be used to decide the outcome. If the tie occurred at a later counting stage, under the alternative vote system the use of preferences would allow the returning officer to refer to previous stages and use those preferences to make the decision.

The drafting of new rules 49 and 49A does not specifically cover the unlikely situation in which there are only two candidates at the outset who receive the same number of votes, but we thought it sensible to ensure that that possibility was clearly addressed to avoid any doubt. The Government have therefore tabled the amendments to ensure that rule 49A deals with the possibility of that situation and provides for the winner to be elected by drawing lots. I hope that Members are content with that.

We touched on this issue during our debate about clause 7, but it is worth saying that clause 7 deals with the two key aspects of the election under the alternative vote system—how votes are cast by voters and how they are counted. Schedule 6 sets out further amendments to the parliamentary election rules and other aspects of electoral law that would be required to hold a UK parliamentary election under the alternative vote. The changes reflect the fact that the election would be held under a preferential voting system. They touch on the ballot paper and guidance for voters; how we conduct recounts; how we decide whether the ballot papers are rejected; how we deal with candidates with the same number of votes—I have just set out our amendment on that; how the result is declared; a candidate’s deposit; and a number of other changes.

I am content for any member of the Committee to ask me questions on those measures, but I do not see anyone rising to their feet immediately. I urge Members to accept the Government’s amendments and to agree to the schedule.

[Chris Bryant]

In light of your earlier comments, Mr Gale, I hope that it is okay for me to stray into a debate about whether the schedule be agreed to.

The schedule makes a number of other very important amendments to the law that pertains to the election, and they, along with the other measures that we discussed in clause 7, will come into force when the Minister tables the order that follows a yes vote in the referendum. Some of the provisions are pretty straightforward. For instance, the notice that is normally exhibited on the ballot paper under the existing system says, “Vote for one candidate only”. Obviously, that would be thoroughly misleading if we were to adopt the alternative vote system, because it would point out precisely what the voters had not to do.

One relatively interesting point is that the guidance will make it clear:

“Do not use the same number more than once.’”

I presume that if a voter did use the same number more than once, that would invalidate a vote. I presume that if somebody voted 1, 2, 2, 3, 4, 5, that would invalidate the vote at the point that one reached the second preference, because one would not be able to determine the second preference, even if there had been some other strange means of adding to it.

--- Later in debate ---

[Chris Bryant]

That is a good point, although I have not yet given up on the idea that the Government’s Fixed-term Parliaments Bill will end up with a five-year rather than a four-year parliamentary term, which would be more advisable and acceptable, I suspect, to this House and the other place. If there were to be a combination of simultaneous parliamentary elections in Scotland for this House and for the Scottish Parliament, and in Wales for this House and for the Assembly, operating under different electoral systems, both of which involved writing “1, 2, 3, 4, 5”, there would be capacity for confusion, and polling stations could be a rather complex area for voters to enter. Unfortunately, we are not able to have that provision in this Bill because the Government have decided to bring forward not a great reform Act but little tiddly bits of reform as they can be spatchcocked into Bills to appease both sides of the coalition.

Under paragraph 5, the system for recounts will be changed to allow for a recount to happen at any stage in the voting process. That is obviously a sensible measure. If, say, five candidates were standing and the person in fifth place is there by only two or three votes, they will want to have a recount to make sure that they really are the person who should be eliminated at that stage. I remember that when I stood in 1997 in High Wycombe—not traditionally a safe Labour seat; in fact, the Conservatives had a majority of 18,000—there was a recount in the ballot, and on a night when many Conservative seats fell, my friends thought, “Blimey, it looks as if Bryant has won High Wycombe.” In fact, I had not come anywhere near to winning; it was all about whether somebody else—the Green candidate, I think—had lost his deposit.

Under the schedule—it is also animadverted to in the clause that we have just debated—there is to be a public announcement at each stage of the process, so at each point where there is an elimination the returning officer gets everybody together to agree, “Yes, this is the person who is being eliminated, these are the votes that have been cast, these are the second preferences as they have been cast, this is the number of non-allocated ballots,” and so on. I am concerned about that, because there has been a growing tendency for the presumption of secrecy during the counting process to be completely ignored, with many broadcasters and journalists asking candidates on the night, in the middle of the count, to reveal what is happening in the process. That is a disturbing trend, particularly in relation to postal ballots. At some counts, the returning officer has decided not to validate the postal ballots separately but to put them in with all the others so that nobody can start doing what every political party does—the sampling process—and then say, “It was the postal ballots that won this election,” or otherwise. I would be grateful if the Minister could comment on that, particularly as it might apply in the process as it develops.

If we have public announcements at every stage, are we not letting the secrecy of the ballot run away with us? It has sometimes been difficult to get all the agents and candidates together for announcements, and it might take some considerable time to arrive at an election result if one had to go through the whole process at each stage. I understand, however, that according to the schedule there can also be a recount at the end of the process, as long as the final result has not yet been announced. If I am wrong about that, I am sure that the Minister will enlighten me.

I am glad to see this provision:

“A ballot paper on which a number is marked elsewhere than in a proper place shall not be deemed to be void for that reason alone.”

That mirrors provisions elsewhere in legislation. However, I wonder what improper place might be given as a reason why a vote might be declared void. In addition, the provision:

“A ballot paper on which the voter makes any mark which…is clearly intended to indicate a particular preference for a particular candidate, but…is not a number (or is a number written otherwise than as an arabic numeral), shall be treated in the same way as if the appropriate number (written as an arabic numeral) has been marked instead”,

is an important element of what we are guaranteeing. In the transition from the existing system to the new system, assuming that there is a yes vote, if a voter still has not quite understood the system, or, for that matter, is a conscientious objector to the new system and therefore wants to vote only with their first preference and chooses to do so with an X, a tick, or as the Minister frequently says—I am not sure if that is because he votes in this way—with a smiley face, then we should allow them to do so.

We are fully supportive of the Minister’s amendments, which seem to make sense in the way that he has described. I hope that he will be able to answer the questions that I have asked in the course of my comments. Otherwise, I see no reason why the schedule should not stand part of the Bill.

[Mr Harper]

The hon. Gentleman seems to be mostly concerned about publicity in relation to the declaration of results. Rule 45B in clause 7 requires the returning officer to “make publicly available” specified information, so that information will be public not only to those at the count—the agents and so forth—but to the media and everybody else. He refers to an increasing trend for people to set out the partial results of elections before the result is declared. He will know that that is an offence. I shall not name the person, but there was a parliamentary candidate—a Member of this House—who did that on Twitter and was suitably chastised. However, I do not think it is a widespread situation that people are publicly making declarations or suggestions about the results of general elections. If they were to do so, that would be an offence.

--- Later in debate ---

[Chris Bryant]

I am not sure that that is right. I know about the instance that the hon. Gentleman mentions. Because of the practice of sampling, which happens when returning officers verify the postal votes separately, I have frequently heard people say—indeed, I have heard it in this House—that a seat was won or lost solely by virtue of the postal votes. I would have thought that that was an offence.

[Mr Harper]

I am not going to get into what may or may not be an offence. The hon. Gentleman may well be right. I thought that he was citing the situation whereby people have referred to results before the result was declared, which is clearly more significant. Because of the nature of the alternative vote, one cannot just wait until the final result but must say what is going on at each stage. The Bill makes it clear that that will be publicly declared so that everybody knows what is going on.

The hon. Gentleman alluded to the recount rules in the schedule, which make it clear that at any stage

“a candidate or candidate’s election agent…may request the returning officer to have the votes re-counted”.

In the same way as under our current rules, that would be not a demand but a request that could be made. It would ultimately be up to the returning officer to grant it, unless they thought it unreasonable. Of course, the returning officer themselves could choose to have a recount if they thought there were problems with how the count had progressed.

I think those were the only issues that the hon. Gentleman raised, unless I missed any. I therefore hope that the amendments will be accepted.

Amendment 198 agreed to.

Amendments made: 199, page 147, line 19, at end insert—

‘(b) in the case of an election with only two candidates who receive an equal number of votes.’.

Amendment 200, page 147, line 20, at beginning insert ‘Where paragraph (1)(a) applies,’.

Amendment 201, page 147, line 26, leave out from ‘Where’ to second ‘the’ and insert

‘paragraph (1)(a) above applies but the tie is not resolved under paragraph (2) above, or where paragraph (1)(b) above applies,’.

Amendment 202, page 147, line 28, leave out ‘remaining’ and insert ‘two’.—(Mr Harper.)

Schedule 6, as amended, agreed to.

Clause 8

Reports of the Boundary Commissions

[Chris Bryant]

I beg to move amendment 127, page 6, leave out line 35 and insert—

‘(a) within twelve months of Part 2 of the Parliamentary Voting System and Constituencies Act 2010 coming into force in accordance with section 16(2) thereof’.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Chris Bryant

Monday 18th October 2010 Commons Chamber

[Mr Harper]

The Government have tabled a number of amendments relating to the referendum that are necessary to allow for the smooth running of the poll on 5 May. A number of the amendments—261 to 263, 270, 279, 280, 307, 309 to 322, 325 and 326—provide that all returning officers appointed for the local district council or borough elections in England, for Assembly elections in Wales, or for the parliamentary election in Scotland, are automatically designated as counting officers for the referendum. The provisions also appoint the chief counting officer for Northern Ireland as the counting officer in the referendum. That displaces for the referendum the standard position under the Political Parties, Elections and Referendums Act 2000, which provides that the chief counting officer would need to appoint the individuals.

The key advantage of the approach that we are taking is that the returning officer and the counting officer will always be the same person, and that will provide returning officers with certainty that they will be the counting officers for the referendum. It will also ensure that the counting officers in the referendum have the necessary experience. The approach that we have taken to the appointment of counting officers is generally consistent with the practice for other statutory elections where legislation automatically deems, or provides for, the appointment of certain postholders in local authorities as returning officers for different elections—for example, local authority returning officers automatically become returning officers for the purposes of European parliamentary elections.

Government amendment 326 makes changes to the definition of the voting area for Scotland and Wales. The change ensures that in Scotland and Wales the referendum will be run on the same respective boundaries as the Scottish parliamentary and Welsh Assembly elections. No changes are required in respect of the current provisions in the Bill for England, which already allow for the referendum to be run on the same boundaries as the local government elections, which are scheduled to take place on 5 May.

[Chris Bryant (Rhondda) (Lab)]

Government amendment 261 refers, in paragraph 1A(2), to the counting officer for the City of London voting area being

“the person who, by virtue of that section—

section 35 of the Representation of the People Act 1983—

“is the returning officer for elections of councillors of the London borough of Westminster.”

How many people does the Minister think could, by virtue of this, vote in the City of London in the referendum?

[Mr Harper]

I am not entirely certain how the number of voters who can vote there has anything to do with the appointing of the counting officer. I am not certain that I follow the hon. Gentleman’s point.

[Chris Bryant]

It relates to the point that we will doubtless discuss later in relation to who is entitled to vote. As I understand it, paragraph 1A(2) refers only to peers, who would be able to vote in the referendum by virtue of their City of London voting right, as opposed to their residential voting right.

--- Later in debate ---

[Mr Harper]

The costs specifically required to run the referendum are picked up by the Consolidated Fund and do not fall in any way on the local devolved authorities in Scotland, Wales and Northern Ireland. Some of their costs for running their own election—the cost of hiring polling stations, for example, and the cost of paying for staff—is split between the local Administrations and central Government from the Consolidated Fund, so the devolved Administrations make a saving, compared with running those elections on a stand-alone basis. I do not understand the point that the hon. Gentleman is trying to make.

[Chris Bryant]

That rather prejudges another set of amendments. I do not know whether the hon. Gentleman has yet tabled the 100 pages of amendments that he told some of us last week he would table today for debate next week. It prejudges also the statutory instruments which, as I understand it, the territorial officers will have to table and will be subject to votes in this place and in another place. The cost that may be required to issue, for example, two polling cards rather than one will be materially affected by those decisions. Is not the Minister getting his amendments in the wrong order?

[Mr Harper]

Not at all. We will table the combination amendments today, and, as the hon. Gentleman acknowledged, I wrote to him, to the Opposition Front-Bench team and to every Member who either spoke on Second Reading or who, at that point last week, had tabled an amendment—in other words, to those who were most interested. I wrote also to the leaders of parties in the devolved Assemblies and Parliaments to keep them informed about what we planned to do.

The assumption referred to is the one on which we have been working, and holding the referendum on the same day as the elections produces a saving throughout the United Kingdom of about £30 million, which will be shared between the Consolidated Fund and those devolved and local administrations.

[Chris Bryant]

I am sorry, but the Minister is completely wrong. He may have already decided how Parliament, in this place and at the other end of the building, will dispose of the Bill, but I have not seen any of the amendments to which he refers. We are, of course, deeply grateful for his writing to us all, but we have not seen the amendments. He even admits in his own letter that the amendments that he will table today are incorrect, because they will be attendant on other orders that will have to be laid in relation to Scotland, Wales and Northern Ireland. I am afraid that, on this matter, the Minister is running ahead of himself.

[Mr Harper]

Mr Hoyle, I am sure that you do not want me to start debating new clauses and new schedules today which we will debate next Monday; I am sure that if I did so, you would put me straight. I have set out the basis on which we have said, since my right hon. Friend the Deputy Prime Minister made his statement to the House, we will proceed, namely by combining the referendum with local and devolved elections, which will produce a significant saving. If Parliament were to choose to do something different, we would clearly look at that. I am setting out the Government’s proposals, which we have included in the Bill and will lay before the House for debate in Committee. I really think that the hon. Gentleman is making a meal of it.

[Chris Bryant]

But the Minister has not even made any provision in law. He has not presented to the House the provision in law for the combination of polls in Scotland, Wales or Northern Ireland. I simply do not understand how we can debate whether the counting officers should be the same for the two polls when we have not been presented with the legislation that the Government promised would come along somewhere down the line. The Minister is treating the Committee with some disrespect.

[Mr Harper]

If I may say so, I think that the hon. Gentleman is trying to make debating points where there simply is none. He knows the proposals that we have set out, and appointing the counting officers has nothing to do, in essence, with the combination amendments, which we can debate next week. They will be tabled today, as I said in my letter. Members will therefore have a week to scrutinise them, and we can deal with that point next week.

--- Later in debate ---

[Mr Harper]

The hon. Gentleman asks separate questions. The chief counting officer will decide about the level of performance of the counting officers and regional counting officers. The Electoral Commission has been working closely with the Government and with our officials, and it is confident that the referendum next year can be carried out in combination with the elections. We aim to continue to work with it to ensure that that remains the case through to 5 May next year.

[Chris Bryant]

I still do not quite understand what counts as counting officers not having performed their functions properly. What order of magnitude of not performing their functions properly would lead to their not being paid but would not disqualify the votes from that area?

[Mr Harper]

The level of payment would be a matter for the chief counting officer to determine; we would not expect Ministers or the Government to get involved in that process. The chief counting officer will be able to make the decision on payment in judging the performance of the counting officer, who will be working under her direction. That would not affect whether the votes counted in the same way as they did in a parliamentary election, even if there were the confusion that occurred this year at the close of polls, which did not affect the votes cast in those elections.

--- Later in debate ---

[Chris Bryant]

But if—let us say for the sake of argument—no polling cards were issued for the referendum in an area where there were other forms of election, or, indeed, no other forms of election, would that be a reason for not paying the counting officer? If the vote were tight, would it be a reason for invalidating the result in that area?

[Mr Harper]

The hon. Gentleman is trying to draw me into doing the chief counting officer’s job for her and into trespassing into election courts. It is not my role to do that, and the chief counting officer will make those determinations in the usual way. The Government consider that the amendment represents the best option for ensuring that regional counting officers and counting officers are accountable for their actions. Given the hon. Gentleman’s comments and those of the hon. Member for Dunfermline and West Fife (Thomas Docherty), I hope that that helps address some of the concerns that members of the public and, indeed, Members of Parliament expressed about the accountability of returning officers, following what happened at some polling stations, albeit limited numbers of them, on 6 May.

The amendments do not apply to the Chief Electoral Officer for Northern Ireland—the counting officer for the referendum—because he is a statutory office holder, who is already directly responsible to the Secretary of State for Northern Ireland for his conduct.

[Mr Harper]

I am sure that their lordships do not require help from me or the chief counting officer to deliberate on the Bill. I would not dream of that. I am sure that the Electoral Commission will set out in due course the approach that it plans to take. It has already done that on some issues to do with the referendum, and I am sure that that will be helpful to Members.

Let me speak briefly about amendment 353, in the name of the right hon. Member for Doncaster North (Edward Miliband) and others. It would mean that, in addition to votes in the referendum in England being counted on local authority lines, as we propose, they would also need to be certified on parliamentary constituency lines. Given that 32 metropolitan boroughs, 52 unitary authorities and 192 second-tier districts in England have elections next year that involve around 31 million electors—79% of the total local government electors in England—the proposal would present significant additional administrative requirements for local areas and result in considerable extra effort and cost. Counting and issuing the results of the referendum on local authority lines, as we propose, makes administrative sense.

In Northern Ireland, counting and issuing the results will take place on Northern Ireland Assembly boundaries; in Scotland, on Scottish Parliament boundaries; and in Wales, on Welsh Assembly boundaries. That will be done because all devolved Administrations have elections to their respective bodies on 5 May. We think that that also makes administrative sense.

The Government see no benefit in requiring the counting officer to certify the results of the referendum in each parliamentary constituency. Any possible benefit would be outweighed by the extra demand on resources that the proposal would make. I would also be wary of inserting an extra layer of counting into the process, as I am sure that everyone wants a clean, clear result, which is calculated and communicated as quickly as possible.

For all those reasons, I urge hon. Members to support the Government amendments, and Opposition Members not to press theirs to a Division.

[Chris Bryant]

Broadly speaking, I do not disagree with the main thrust of the amendments that the Parliamentary Secretary has moved. However, I point out that we are debating 26 amendments in this group alone. The Parliamentary Secretary has already referred to the fact that he has written to hon. Members to say that he will table 100 pages of amendments today. I do not think that he has made them available to the Committee yet. They are necessary only because they provide for combining polls. Indeed, the majority of the amendments that we are currently discussing are necessary only because the Government had not spotted early enough that they needed to provide legislatively for the combination of polls in Scotland, Northern Ireland, Wales and England, and separately and differently in each because the law governing each of the three devolved nations is different, and in England, the elections relating to local authorities must have separate rules, too.

The Parliamentary Secretary has already admitted in the letter that he sent to many of us that the amendments that he has tabled today depend on existing law in relation to Scotland, Wales and Northern Ireland. Each of those territorial Offices intends to change the law for the combination of polls in the next few weeks—it was supposed to happen in mid-October, but none of the statutory instruments has been tabled yet. I see that the Secretary of State for Northern Ireland is in his place—[Interruption.] I am sorry: the Minister for Northern Ireland is in his place. Perhaps he should be Secretary of State, as he is a very charming chap. Now that he is having a little conversation with me, perhaps he will enlighten us as to when the statutory instruments for Northern Ireland will be available. It appears that he cannot do so.

--- Later in debate ---

[Mr Harper]

Will the hon. Gentleman give way?

[Chris Bryant]

If I may finish my argument, I will then give way to the Minister.

In Wales, the results will be by Assembly constituency, which is the same as by parliamentary constituency. In Scotland, we will have them by Scottish parliamentary constituency, which is different.

[Chris Bryant]

In a moment, although I have promised to give way to the Minister. I am not sure which way age and beauty apply in this case, but I will give way to the Minister first, after I have finished my argument.

In England, we will have results by various electoral areas. For the sake of clarity in understanding the legitimacy of the vote, especially as this is not just an advisory but an implementing referendum—as laid out in the Bill—it would be better if we had equality across the United Kingdom, with the results announced in the same way in every constituency.

[Mr Harper]

If the hon. Gentleman is going to quote the Electoral Commission, he should quote it in full. It wanted to consider in more detail the implications of his amendment for the management of the count process and, in particular, the time required to conduct the count. It did say that it saw no insurmountable practical barriers to making the information available “in due course”, but it did not have information about the impact on the count process and the declaration of the result. Missing out the words “in due course” gave a misleading impression of the Electoral Commission’s views.

[Chris Bryant]

I am grateful for the Minister’s helpful intervention, because he made half the point I made myself.

I do not know what the total number of results will be, but let us say there will be 40 for Wales, and those in Scotland, Northern Ireland and so on. If, in a large number of those constituencies, there is a very narrow result, it will have a material effect on how people view the eventual result, particularly in relation to the differential turnout that might be achieved in Scotland, Wales and Northern Ireland—by virtue of the fact that there are other elections at the same time—compared with the turnout in England.

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[Chris Bryant]

In which case, again, the hon. Gentleman ought to be striking out large parts of the Bill, because the Bill determines in large measure precisely what the job of the chief counting officer is. Indeed, other legislation similarly does so, because we have to have clarity about certain things. For instance, should it be possible in Wales and Scotland for there to be just one polling card for the referendum and the Assembly or parliamentary elections, or should it be a requirement that there be two? If we left the issue to people’s discretion and everybody decided to go for one, many people might say, “No, sorry, that undermines the referendum,” because we would not be making it clear that, in addition to the Assembly elections, which would get a lot of media attention in Wales, there was a referendum on the same day. That is why the hon. Gentleman’s Government will introduce amendments on the matter. His quarrel is therefore not with me; it is with the Minister, which I am sure will upset him enormously.

I am keen to provide as much clarity as possible at this stage, quite simply because I believe that the Government are proceeding in the wrong order. First and foremost, we should have the legislation for Scotland, Wales and Northern Ireland, to make it clear whether there will be three sets of elections in Northern Ireland—again, we still do not know, despite the fact that it is not many months ago—[Interruption.] I am sorry, but I am being corrected by the Northern Ireland Minister. Would he like to—[Interruption.] No, he remains in his place. In relation to Wales and Scotland, the legislation has not been changed, but that is what should happen first, and then we should move forward with the amendments that have been adumbrated today.

I will be keen to press our amendment 353 to a Division. Even if hon. Members may support the Government, I very much hope that they will also support the amendment standing in my name and that of my right hon. Friends.

[Mr Harper]

There are one or two points of fact that are worth putting straight. My hon. Friend the Member for Grantham and Stamford (Nick Boles) was spot-on about the counting arrangements. As for the result of the referendum, the important thing is the overall number for the United Kingdom. On the counting arrangements, we listened to the electoral administrators and the Electoral Commission during the summer, and they made it clear that it made absolute sense to count on the same basis, given the other elections taking place. I do not see that that makes any difference whatever to the overall result of the election.

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[Chris Bryant]

I am grateful; I had not noticed the written ministerial statement last week. Will the Minister clarify whether it is necessary to have legislation in order to be able to combine the polls in Northern Ireland?

[Mr Harper]

The combination amendment will provide for the combination of all the elections taking place next year.

Returning to the point about the instruments that will be laid, the amendments are clearly based on existing law. It would be bizarre to table amendments to this Bill in respect of legislation that has not yet been laid before Parliament. The amendments to this Bill are based on the law as it stands. As the hon. Gentleman knows, the territorial offices will lay orders, and if they change the legislation, we will make the appropriate changes and lay them before the Committee or the House.

[Chris Bryant]

Of course I fully understand that: amendments cannot be tabled if they depend on legislation that does not yet exist. It would be better to put the legislation in place first and then table the amendments to it. I seek the Minister’s assurance on one issue. It would be inappropriate if the amendments that follow after the territorial statutory instruments were not tabled in this House—in other words, if we were not to see them on Report. I hope that the hon. Gentleman will make that assurance to the Committee.

[Mr Harper]

Like the hon. Gentleman, I am very keen that on matters to do with elections this House should get to pronounce before the Bill goes to the other place. I believe that that is important; we will seek to achieve that.

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[Mr Harper]

The hon. Gentleman makes a very good point. Fortunately, I am not responsible for the drafting of amendment 353; it is a matter for the Leader of the Opposition and his right hon. and hon. Friends, so they should answer questions about the amendment. For my part, I urge them to withdraw it. If they press it to a vote, I urge the Committee to vote against it. On this occasion—it does not happen on many occasions—I am at one with the hon. Member for Na h-Eileanan an Iar (Mr MacNeil).

[Chris Bryant]

For the sake of clarity, we are not saying that the count needs to be done by those constituencies; we are merely saying that the vote needs to be provided by parliamentary constituencies so that we can have full clarity across the whole of the land on the same basis. The wording is taken directly from the Political Parties, Elections and Referendums Act 2000.

[Mr Harper]

Fortunately, neither I nor my hon. Friends were responsible for that legislation. It was introduced by the hon. Gentleman and his colleagues when they were in government. I am thus not going to defend the wording. I think that the hon. Member for Na h-Eileanan an Iar is probably spot on in what he said.

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[Mr Harper]

If the right hon. Gentleman will allow me, I shall first set out what the Electoral Commission has said, some of which the hon. Lady has quoted, about how it intends to proceed. The chief counting officer can give directions to counting officers. Both the right hon. Gentleman and the hon. Lady have made the point that in previous elections the Electoral Commission has not done an adequate job. Interestingly, Scope’s Polls Apart report, which I had the opportunity of speaking to at the launch event earlier this year, said that the guidance that the Electoral Commission and the Association of Electoral Administrators produced on facilitating voting by disabled people was good but was not well implemented. The Electoral Commission does not have the power in elections to mandate the way in which returning officers behave but the chief counting officer will be able to issue directions to regional counting officers and counting officers. It is therefore worth considering the approach that the Electoral Commission plans to take.

The Commission believes it is important that the voting process is accessible to all electors. It says that it takes seriously its duty as a public body under equality legislation—including under the Disability Discrimination Acts and the Equality Act 2010, relevant parts of which will come into force next year—to ensure, among other things, that the information it provides is accessible and available in alternative formats. It has made it clear that the information it plans to send to every household will include information about voting systems, what will happen in the event of a yes or no outcome and how to take part in the referendum, including how to register and how to vote. That booklet will be available in a range of formats, including Braille, audio and large print.

The chief counting officer has said that she will issue guidance and directions to regional counting officers and counting officers regarding their duties in respect of accessibility and disabled voters under relevant equality and electoral legislation. She has also said that the Commission will continue to work with the excellent organisations that the right hon. Gentleman and hon. Lady mentioned, such as Mencap, the RNIB, Scope and other representative and advocacy organisations, to ensure that the referendum is managed and delivered in an appropriate way so that all electors have the chance to participate. That is a great reassurance because, unlike in elections, the chief counting officer for the referendum will be able to direct regional counting officers and counting officers on how to carry all that out.

My officials have discussed aspects of the Bill with Scope and they are very happy to do so with other organisations. In my previous life as the shadow Minister with responsibility for disabled people, I worked very closely with many organisations representing disabled people so I know what an excellent job they do. I also know from my experience as a constituency MP how much disabled people want to participate in elections not just by postal vote but, as the hon. Lady correctly said, by taking part in person. People with physical disabilities and people with learning disabilities are keen to express their views and we want to make sure that they can do so.

Having welcomed the amendments in principle, I am not convinced that they are the best way of achieving the aims behind them. The commission already has powers to do what the amendments propose in many cases and I do not think that turning those powers into obligations—this comes back to the point on which the right hon. Gentleman was pressing me about converting “may” into “must”—would add much to the Commission’s options. Indeed, it might be damaging to take away its discretion to decide when it is necessary to issue directions or guidance. I do not think that would be helpful. By setting out what the commission has said on this, I have shown that it takes these issues very seriously. There are already important legal obligations on the commission, as a public body, under disability discrimination legislation and the Equality Act and I am not sure that the extra obligations that the amendments would place on the commission would add clarity. If anything, they would be in danger of making the legal position more complex.

Let me address another issue that the right hon. Gentleman and the hon. Lady have both touched on about this poll in particular and elections in general. There may be changes that we can make to electoral law in general—the Government keep that under review—but I do not think that legislating specifically for one poll, even if there were things on which I agreed with the right hon. Gentleman, would be a sensible way of going about it.

On electoral registration, the right hon. Gentleman was right to point out that there is an issue to do with the number of people who are eligible to vote and are not on the electoral register. As he knows, during our September sittings I made a statement in the House about bringing forward individual registration, to deal not just with people who are on the register but should not be, but with the completeness of the electoral register. The Government think that completeness is as important as accuracy, and I have written to every local authority to urge their participation in data-matching pilots to try to identify voters who are not registered to vote and to look at how local authorities can best target their resources to get them on the electoral register.

The right hon. Gentleman made a tiny partisan point, when he said that he and his hon. Friends had been calling for change for many years. That may be the case and I have no doubt that the previous Government meant well, but in terms of outcomes they did not make a huge amount of progress in getting people on the electoral register. I hope he will support this Government in our efforts to do better.

To improve disabled people’s access to the democratic process, it is important that the Government continue to work with the organisations that the right hon. Gentleman, the hon. Member for Liverpool, Wavertree and others have mentioned. We shall keep the matter under review, but I do not think the amendments are the best way to improve access for the disabled to this poll, so I urge both Members to withdraw their amendments.

[Chris Bryant]

I warmly congratulate my right hon. Friend the Member for Cardiff South and Penarth (Alun Michael) and my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) on their amendments. There was a time when Parliament did not consider the rights of people with disabilities at all; those people and their rights were often ignored by society. We have moved a dramatic distance over the past 15 years in the rights of people with disability.

I am somewhat disappointed by the Minister’s words. When I was a Minister, an amendment might look perfectly sensible but some civil servant would come up with a reason why we could not possibly agree to it. The Whips would then say that we had to hold firm and that we could not possibly give way. The Minister may be right about some of the amendments, and it would be wrong to put in the Bill precise rules about whether the font size should be 12 point, 16 point or whatever. However, it would seem from what the Minister said that there would be no harm, in terms of their general principles, if the first two amendments tabled by my right hon. Friend were added to the Bill. They would apply only to this referendum, not to everything else.

The Minister made a point about the difference between the relationship in a normal election between the Electoral Commission and the returning officer, when the commission cannot direct, and the situation outlined in the Bill, when the chief counting officer can direct. That is all the more reason for us to provide in the Bill precise instructions that are in terms not of “may” but of “must”. I challenge the Minister to tell us what would be the harm in that amendment. I can see no harm that could possibly accrue, whereas the possible advantage could be significant to people with disabilities.

It is worth bearing in mind the statistics, which we have already heard, on the number of people who face significant accessibility barriers when voting at polling stations—67% of people with disabilities. We should recognise that there has been a tiny improvement on 2001 and 2005, but the previous Government were not enormously successful either, which is why we need to be more resolute in pursuing such issues.

The interesting figures in “Polls Apart” on voting by post are significant. Many people have presumed that now that people with disabilities can vote by post, the problem is solved. In actual fact, the great variation in how to cast a postal vote across the country—there are different ways of folding envelopes and of putting one envelope inside another—means that it is difficult to have a national campaign explaining how to use one’s postal vote. Many elderly people, quite apart from other people who might have disabilities, find it phenomenally difficult to vote by post.

At the general election, both in my constituency and when campaigning in other constituencies, I found that a lot of people had registered for a postal vote but found it difficult to understand precisely how they were meant to take it forward. Many of them would have preferred to have voted in a polling station, but if they are to be able to do so on an equal basis with anyone else in the land, explicit provision enabling them to do so needs to be made.

At the last election, there were fewer large ballot papers available than in 2005, which is a disgrace; I take no pleasure in saying that something that happened under the Labour Government was not an enormous success, but that is a fact. The difficulty with the argument that the Minister advances is that he is basically saying, “It’s all going in the right direction. We don’t need to put measures in the Bill, because it will all be provided for,” but the truth is that while many officials who have worked on the issue in previous years have made gains in some areas, in others they have moved backwards in relation to their obligations.

For instance, there are fewer polling stations in the Rhondda than there were in 2001. In the case of the polling station provided in Stanleytown, a small village in Tylorstown that is on a fairly steep hill, there was no public building in which to put it, and as the doors of all the houses are too narrow, no house could be used, so a portakabin was used. Unfortunately, halfway through the afternoon, the portakabin started sliding down the hill, which did not exactly make it more accessible than any other polling station.

There are serious problems, and I urge the Minister seriously to consider supporting, rather than opposing, the amendments that have been tabled.

[Mr Harper]

I have considered the amendments carefully, partly because of the role that I held before we entered government. I looked at the amendments myself, and at my advice from officials, and I genuinely do not think that the amendments add anything to the legal obligations that already fall on the Electoral Commission as a public body under the Disability Discrimination Act 1995 and the Equality Act 2010. Also, interestingly, the chief counting officer can make directions about whether the guidance, which Scope acknowledged was good, is put into effect. In response to the “Polls Apart” report, I have asked officials to look at all the recommendations and how we might act on them. The period after the referendum will be a good opportunity to look at the difference that the chief counting officer has been able to make with her direction, and to see whether we have proposals to take forward for elections more generally.

[Chris Bryant]

I am sorry, but that is more soft soap. I fully understand the Minister’s good intentions—he has advocated the causes that we are discussing many times—but I think that he has been seized by civil-servantitis. I fully understand the motivation behind the amendments of my right hon. Friend the Member for Cardiff South and Penarth and my hon. Friend the Member for Liverpool, Wavertree, relating to the size of font and so on. I understand why the Minister might not want those provisions in the Bill, with regard to the referendum, but his argument falls at the first hurdle. He says that the chief counting officer will be able not just to provide guidance, but to direct. Surely it would make more sense for us to say not that the chief counting officer may make certain directions, but that she must do so, including

“directions about the discharge of their functions specifically in relation to voters with disabilities”.

I cannot understand for the life of me why the amendments could not be accepted. I can see no harm that would be done if they were. The Minister has not advanced any example of harm that would be done to the legislative process. If we are in any doubt as to whether we should move forward with the amendments, I would have thought that we should err on the side of caution and support those with disabilities. Once again, I urge the Minister to change his mind, and I congratulate my right hon. Friend the Member for Cardiff South and Penarth and my hon. Friend the Member for Liverpool, Wavertree, on their amendments.

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[Chris Bryant]

This has been an interesting discussion. In a sense, at the back of this debate lies the fact that the vast majority of voters do not spend all their time worrying about voting systems. For that matter, they do not spend much of their time worrying about party politics or politics in any shape or form. In July, I knocked on a door to ask someone to vote Labour in an election. He said, “I am never, ever going to vote Labour again in my life because you just increased VAT.” When I said, “But we haven’t,” he replied, “You’re the Government aren’t you?” I said, “No, we’re not,” and he said, “Well, you were earlier this year.” I suppose that is a version of the argument that Conservatives and Liberal Democrats use all the time.

There is a serious point. Sometimes, when it comes to explaining voting systems, it is not so much that voters are not bright enough to understand, but simply that their eyes glaze over, because they think, “Why on earth are you bothering to talk to me about this?”—[Hon. Members: “Hear hear!”] Listen: I am one of those who wants to reform the system. As we lead up to the referendum, it will be difficult to provide the kind of information that most voters would admit they ought to have in their heads before they vote.

That could quite simply be because voters are not always interested, but the right hon. Member for Wokingham (Mr Redwood) was absolutely right in saying that it is very difficult to arrive at a truly impartial presentation of the facts. From a theological point of view, that is true of nearly everything. We always underestimate how much our subjective opinions influence how we interpret and present the facts, and even what we choose to call a fact as opposed to something else. Certainly, that is true of the BBC. If the referendum were on the European Union or the Lisbon treaty, there would be even more excitement, and equal levels of misunderstanding and distrust of the system. The other aspect is that many voters simply do not believe anything that any politician says, so why on earth would they believe what is presented in the referendum?

There are specific matters on which there is enormous potential for quarrel in the material that the Electoral Commission will present. Let us say that the commission wanted to describe in its literature the advantages of a first-past-the-post system—the right hon. Member for Wokingham said that it could be presented as the person who gets the most votes wins. I would guess that every single one of those advantages would be disputed by someone on the other side of the argument. How on earth can the commission possibly arrive at a set of advantages or disadvantages of either system in the information? Similarly, some would argue that the alternative vote could lead to more hung Parliaments. That is highly contentious, but I am sure that the hon. Member for Harwich and North Essex (Mr Jenkin) would argue that that is a proven fact. I urge caution regarding the quantity of information that the commission will provide.

Interestingly enough—it may not be interesting to hon. Members, but it is to me—I had lunch today with some Chilean Senators and Members of Parliament who have accompanied President Pinera on his visit. They wanted to know exactly what alternative vote system was being proposed. They are experienced politicians and have just changed their electoral system, so I thought that they would know what the alternative vote system was. In their heads, they were working on the assumption that there would be a second round of voting rather than an instant run-off, to use the phrase of the hon. Member for Harwich and North Essex, because if nobody gets 50% in the first round of Chilean presidential elections, there is a second round.

Notwithstanding that, the Electoral Commission has made it clear that there is a need for information. Some of its findings from earlier this year are enlightening. Its report states:

“The vast majority had no knowledge of AV and did not know how to vote under the system or how candidates would win a seat…A few people who were more interested and engaged had found out about AV when they heard about the referendum. Some people, particularly in Scotland and Northern Ireland, said they ‘had heard of’ the system but did not know how it worked. They assumed it to be the same as the proportional representation systems used in elections there.”

Of course, that makes the point that it is difficult to use a phrase such as, “The system used in parliamentary elections now,” because the system for Scottish parliamentary elections is not the same. We cannot simply refer to “the present system” because the system is different in Wales. For that matter, some have referred to the system for electing the London Mayor, but that is different again, because voters have only a second preference vote rather than a fully alternative vote.

There is also a problem in relation to the presentation of materials. Notwithstanding the remarks of my hon. Friend the Member for Foyle (Mark Durkan), the weathered eye—or perhaps the battered eye—of politicians can sometimes be useful. We are used to decrying politicians and saying how terrible they are. Everybody wants there to be no more politicians ever again, but we do add value in some regards.

[Mr Harper]

Just in case the hon. Gentleman is unaware, four former politicians were appointed to the Electoral Commission on 1 October specifically to improve the commission’s understanding of the conduct of politics. They are very experienced figures and represent major and minor parties, and I would have thought them perfectly capable of steering the commission out of any choppy waters into which it were so minded to sail.

[Chris Bryant]

I am aware that those people were appointed because I was in the Chamber when the Whip with the billiard cue came in and announced it. However, they are not all elected. Some are experienced in running elections—certainly Lord Kennedy of Southwark is—and some have stood for office, but none the less, the weathered eye of a sitting, elected politician would be quite useful.

For instance, let us say that the commission decides to use Labour red for everything relating to a yes vote and Conservative blue for everything relating to a no vote. That would be problematic. A politician would spot it instantly, but many professionals who run elections would not, because they are attuned to different things. I say to my hon. Friend the Member for Foyle that there is a specific role for the Speaker’s Committee—I can see one member of that committee in the Chamber.

Perhaps the hon. Member for Corby (Ms Bagshawe) is used to editors editing her copy, or perhaps it goes straight through and clean into her books, but I do not think that members of the Speaker’s Committee on the Electoral Commission will want to interfere unnecessarily. They might just bring another valuable perspective to any material that is produced. There is no reason why that should lead to interminable delay, and I think it would be good if members and ex officio members of the committee were to bring their experience to deliberations.

The Minister pointed out that two committee members are also members of the Government, and he is right: there is the Minister for Housing and Local Government who is a Conservative, and there is the Deputy Prime Minister who, at least for the moment, is a Liberal Democrat. Of course, in their personal capacities the two of them will reach different conclusions coming from different sides of the argument, but in their ministerial capacities, they will agree on neutrality. Therefore, in making his observation the Minister adds to my argument, rather than takes away from it.

Finally, I have a bone to pick with the right hon. Member for Wokingham. He referred to the Minister speaking from his ex cathedra pulpit, and I just point out that one is either speaking ex cathedra or from a pulpit. The cathedra is the throne on which the bishop or Pope sits; it is certainly not a pulpit.

I will press my amendment to a Division, although I very much hope that the Minister will agree to it, notwithstanding his earlier complaints.

Question put, That the amendment be made.

The Committee proceeded to a Division.

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[Mr Harper]

I did say that it was perfectly normal in other countries, but my hon. Friend knows that this country is special—[Interruption.] It has a unique history and we are where we are because of the experiences that we have had in the past. As Conservatives, we should not lightly throw off those historical resonances—

[Chris Bryant]

I hate to say it, but I agree with that last sentence. In offering solace to Conservative Back Benchers, the Minister seemed to suggest that he is actively considering whether Commonwealth citizens should be removed from the franchise for parliamentary elections. Is that true?

[Mr Harper]

I chose my words carefully and I said that I would think about it. There may be an opportunity in the future, when the House considers a wider Bill, when it would be appropriate to debate it. Even if the Government did not bring forward such proposals, hon. Members would table amendments—as they have for this Bill—and give us the opportunity to debate the matter.

[Chris Bryant]

That is clear, and I am grateful to the Minister. Can he answer the question that I asked earlier about Fiji?

[Mr Harper]

Fiji has been suspended from the Commonwealth, and the usual practice is that in such cases we do not take steps to remove the right of qualifying citizens from those countries to vote in our elections.

It is worth saying that the right of Commonwealth citizens to register to vote is restricted in electoral law to qualifying Commonwealth citizens—those who do not require leave to enter or remain under the immigration legislation, or those who do require leave but have it. I say that because my hon. Friend the Member for Aldridge-Brownhills suggested that in some constituencies significant numbers of illegal immigrants had managed to get themselves on to the electoral register and that there was no duty on electoral registration officers to do anything about that. But that is not the case. Electoral registration officers have a duty to maintain an accurate and complete register and to inquire whether people are eligible to be—

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[Mr Harper]

As I said in my intervention on the hon. Lady, she has not thought through her argument. She has tried to make two different arguments for her amendment, and they do not really make sense. Her argument that people who will be voting at the next general election, on 7 May 2015, should have a say in the referendum would imply logically that people who are 14 next year—four years before the election—should be able to vote in the referendum too. Even she, with her campaign to lower the voting age to 16, has not proposed that, because she knows perfectly well that a proposal to allow 14-year-olds to vote would get laughed out of court, even by those who propose lowering the voting age to 16.

The hon. Lady’s argument does not stack up or make any sense. If we take her argument to its logical conclusion—picking up on the point made about a new voting system kicking in in perpetuity—we should enfranchise everybody alive today, because at some point in the future they will be voting in a general election based on the voting system bought in by the referendum next year. That simply does not make any sense. So we have adopted the usual position in this country, which is that to be able to vote in an election, one must be an adult, which in our system means being 18.

[Chris Bryant]

As far as I can see, the Minister’s argument is that we should use the franchise used for parliamentary elections, but he makes one enormous exception, which is for the peers. [Interruption.] It is not a small exception; it is a large exception. These are the people who are least experienced in dealing with parliamentary elections. I say that not because I have any distaste for peers—some of my best friends are peers.

[Chris Bryant]

Indeed. Nevertheless, what is the logic behind the Minister’s argument for specifically exempting the peers?

[Mr Harper]

Let me deal with that point, and then I will finish off on the general point. Very simply, we considered the franchise, but we made one exception because, the usual argument for peers being excluded from voting for Members of this House is that they are Members of this Parliament. However, we did not think that that restriction made sense in a vote on the voting system, and we therefore decided to make that change. That is the only exception that we have made, and it is a very limited change—I think it unlikely that the result of the referendum will be swung by Members of the upper House.

Let me conclude on the point that the hon. Member for North East Derbyshire raised. Her argument is a perfectly reasonable one, albeit one that I happen to disagree with, but just as I said to my hon. Friend the Member for Altrincham and Sale West, this is not the place to make it. If we were having a debate about voting in general, she would be perfectly entitled to put that view before the Committee and to test the Committee’s opinion. However, for the referendum in question, it does not seem sensible to do that. Her argument—that people who will be affected by the election in 2015 should be entitled to vote in the referendum on the voting system—simply does not make sense, because it would mean giving 14-year-olds the vote in that referendum.

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[Mr Harper]

The amendments make minor and technical drafting changes to the Bill. Amendments 267 and 269 change the deadline for issuing the notice of poll in the rules for the conduct of the referendum from 16 to 15 days before the poll. The change is necessary to ensure that the combination provisions, which we tabled earlier today, work in the right way.

The rest of the amendments contain a series of miscellaneous minor technical amendments and corrections. I am happy to discuss them further if Members are interested in the detail. I commend them to the Committee.

[Chris Bryant]

I briefly note the Minister’s point of information earlier. However, there are several amendments on the Order Paper and if he thinks that we shall not reach them because he has not allowed enough time, that is his problem. To force a vote, rather than hold a debate, is a disgrace.

I am always profoundly disturbed when I see the words “minor and technical amendments”, because all too often far too much can be hidden away in the detail. The Minister skirted over the change of the notice of poll from 16 to 15 days. As he rightly says, that is because of the combination of polls, but there is no need to have a combination of polls next year. As we have rehearsed many times already today, and on our previous day in Committee, we do not need to hold the elections on the same day, in which case 16 days could be provided for the notice of poll, which would be more sensible. I should be grateful if the Minister explained why he thinks it is better to have 15 rather than 16 days’ notice of poll, in particular because it is more difficult for overseas voters to know when an election is happening. Does he not think that if the elections were on different days, they would have more time? Why is it important to have just 15 days?

Amendment 171 would remove sub-paragraph (4) of paragraph 21, which relates to the keeping of order in polling stations. The paragraph states:

“It is the presiding officer’s duty to keep order at the officer’s polling station…If a person engages in misconduct in a polling station or fails to obey the presiding officer’s lawful orders, the person may immediately, by the presiding officer’s order, be removed from the polling station.”

Sub-paragraph (4), which the amendment would remove, states:

“A person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.”

I do not know why the provision was originally included, or for that matter why it is being removed. What has prompted this change of view? I presume it is nothing to do with the technical wording of the statement, in that the person might not have been charged when he was actually in the polling station, but might have been charged with committing an offence in the polling station. However, I should be grateful if the Minister enlightened us. Some of the other amendments indeed seem to be technical.

[Mr Harper]

I think that with the hon. Gentleman’s first set of questions he seeks to re-argue the debate we had last week.

[Chris Bryant]

indicated assent.

[Mr Harper]

Last week during our first day in Committee, we had an extensive debate on the date of the referendum. I know that the hon. Gentleman argued a different point, but the Committee took the view, by a significant minority, that it wished the election to be on 5 May next year. Given that, it absolutely makes sense to ensure that we combine the elections, so that we make the administration more sensible and make significant financial savings. We have had that argument, and it seems to me that he is seeking to reopen it.

On amendment 171, the hon. Gentleman referred to the fact that sub-paragraph (4) was an outdated provision; to be quite honest, that is why we have removed it. It is simply not necessary.

[Chris Bryant]

What has changed since the Bill was brought forward that has made the provision outdated?

[Mr Harper]

I think it is more the case that we copied across to the Bill a lot of the existing rules. This is a minor, technical change, but on going through the rules more closely, we decided that the provision was no longer necessary. We are simply tidying up the legislation, which I think is perfectly sensible. These are, as my right hon. Friend the Leader of the House often says, running repairs.

Amendment 267 agreed to.

Amendment made: 170, in schedule 2, page 27, line 33, leave out ‘education’.—(Mr Harper.)

[Chris Bryant]

I beg to move amendment 354, page 27, line 37, at end insert—

‘(iii) a school which enjoys charitable status.’.

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[Chris Bryant]

I know personally only one public school in England and Wales that is attached to a monastery, which is Ampleforth. There is also Downside. I know of a considerable number of others, and many are attached to Anglican foundations in various ways, such as Charterhouse. The point I was making was specifically in relation to the Northern Ireland settlement. I now have two Northern Ireland colleagues present. I did not want to disturb the complex equilibrium that sometimes exists in relation to these matters in Northern Ireland.

In the case of Ampleforth, for example, which has a large number of pupils over the age of 18 and a large number of teachers who live on a very large campus, I see no reason why there should not be a polling station for Ampleforth itself. That might apply to a number of the larger public schools which, to all intents and purposes, would represent as large a polling district as some other polling districts. The amendment does not require any action to be taken against public schools. I hope they would see it as an enabling measure so that they might be able to encourage more of their students to vote.

I still hope the Minister will support the amendments.

[Mr Harper]

I fear I may disappoint the hon. Gentleman. The amendments would compel independent schools to be used for electoral purposes and for the referendum, should the local authority decide that they are the most suitable place for such a purpose. Electoral legislation at present provides that all publicly funded schools can be used as polling stations, and we are applying those provisions to the referendum. So that there is no doubt, following discussion with the Department for Education we can confirm that academies and free schools will fall within those provisions as well.

Under the Bill, as in electoral law generally—

[Chris Bryant]

The Minister hurried on there. Following discussions with the Department for Education, he says that the same arrangements will apply to academies and free schools, but under what Act is that made clear? Is it made clear in the new legislation that was rushed through Parliament earlier this year?

--- Later in debate ---

[Mr Harper]

It is clear that schools that are publicly funded and receive Government grants fall under these provisions. Schools that do not receive Government grants do not. I was setting that out for the benefit of the Committee, in case there was any doubt. I see no need to labour the point.

Under the Bill, as in electoral law generally, independent schools cannot be compelled to act as polling stations for other electoral purposes unless they receive Government grants. But, to pick up the hon. Gentleman’s point about how he hoped that his amendment would be an enabling measure, there is nothing in the law to prevent such schools from serving as polling stations voluntarily. So there is nothing in the law to prevent all those schools that he mentioned from acting as and hosting a polling station, particularly if they have lots of students of voting age. They can make that offer to the local authority, and the local authority can take it up; there is nothing at all to stop a school doing so.

On the hon. Gentleman’s wish for the amendment to be an enabling measure, I must say that it is simply not necessary. I do not see any need at all to change the arrangements, which work well. There is nothing to stop such schools volunteering their premises, and I see from his examples that there may well be benefits to the schools and to their students, so I urge him to withdraw this unnecessary amendment.

[Chris Bryant]

I shall not withdraw the amendment, because I do not accept the premise on which the Minister has advanced his argument. I presume that in his definition of a school for the purposes of the provision, he relies on paragraph (9)(3)(a) of schedule 2, which states that it is either

“(i) a school maintained or assisted by a local education authority;”

or

“(ii) a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school”—

including, therefore, all the free schools. From the way he was talking, however, it seemed he was suggesting that he had come across some new reason in his conversations with the Department for Education which proved that free schools would be included.

The Minister is right that anybody can apply to provide a polling station. Indeed, some members of the public have said, “In my street, there is no provision,” or, “In my little village, there is no provision, so if you would like to use my house feel free to do so.” However, I am not aware of any public school or independent school having sought to do so. The Minister did not meet the point that for many state schools there is an inconvenience attached to providing a polling station. The law requires them to do so free of charge, but it does not require anybody else so to do.

The Minister’s distinction is based on whether schools are in receipt of moneys or not; my point is that if a school benefits from a favourable tax regime, namely the charitable status that attaches to large parts, although not all, of the independent sector, they should have a concomitant responsibility to provide such facilities. Many public schools are quite happy to provide on a limited basis their sporting facilities—swimming pool, gym or whatever—to the wider community, and such provision might apply to the situation before us, too. I shall therefore press the amendment to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Mr Harper]

The point about mayoral referendums is that some may indeed be held. Where there are mayoral referendums, we simply wish to capture them and cover that circumstance. The hon. Gentleman may think that the provision is otiose, but we thought it sensible to be clear.

On the hon. Gentleman’s point about amendment 287, amendment 291, and so forth—his point about putting an X in one box only—we are following a recommendation from the Electoral Commission, which I understand it has tested, to make voting instructions clearer. I recognise that he thinks that that might lead to some confusion, but we do not propose to change the normal rules that apply for elections or the test that returning officers adopt to determine whether a vote is validly cast. For example, as long as someone has made clear their intention, the usual rules apply. So, if they have not put an X, but drawn a little smiley face, or if the mark is partly in one box and partly in another, but what the voter intended is clear, the usual rules will apply and returning officers will attempt to ensure that such votes count. Those are the normal rules for elections that we are all used to, so where there is doubt, if the returning officer thinks that there is clarity about someone’s intention but then does the usual check with the counting agents, that vote will be allowed.

[Chris Bryant]

I was not aware that a smiley face was a signifier of assent, but I hope that that matches present practice. The Minister may know more about that than I do, but if he is wrong, he will doubtless correct his statement later. However, the bit that the Electoral Commission has not been able to check is how the system works where combined polls take place in the same room and where a voter has to go to two desks to cast two votes, and therefore votes twice. That is the bit on which I am seeking clarification.

[Mr Harper]

Just to return to the other point, of course the rules talk about putting down an X, but it is usually the case in elections that if someone has made a mark and signified a clear intention, the returning officer will normally accept that, although that is usually run past the counting agents. That is the usual practice and we do not propose to change it. We do not want to disfranchise anybody unnecessarily.

As for the hon. Gentleman’s point about voters perhaps being confused by the number of ballot boxes, personally I think that he is making a point for the sake of making a point, but let us assume for the sake of argument that he is trying to make a sensible point. Given that the proposal was adopted following a recommendation from the Electoral Commission, I will draw his concerns to its attention, and it can see whether they have any validity. The chief counting officer has the ability to amend some of the other forms and instructions given to voters, so I will draw the matter to her attention and see what the Electoral Commission thinks, which is perhaps the most reasonable thing to do in the circumstances.

Amendment 268 agreed to.

Amendments made: 269, page 28, line 8, leave out ‘16th’ and insert ‘15th’.

Amendment 270, page 29, line 6, leave out paragraphs (3) and (4) and insert—

‘(3) In England, the polling station allotted to electors from any parliamentary polling district wholly or partly within a particular voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district unless the parliamentary polling place is outside the voting area.

(3A) In Wales, Scotland or Northern Ireland, the polling station allotted to electors from any polling district must be in the polling place for that district.

(4) The polling districts and polling places that apply for the purposes of paragraph (3A) are—

(a) in Wales, those that would apply by virtue of provision made under section 13(1)(a) of the Government of Wales 2006 in respect of an election for membership of the National Assembly for Wales held on the day of the referendum;

(b) in Scotland, those that would apply by virtue of provision made under section 12(1)(a) of the Scotland Act 1998 in respect of an election for membership of the Scottish Parliament held on the day of the referendum;

(c) in Northern Ireland, those for the time being established under the law relating to local elections with the meaning of section 130 of the Electoral Law Act (Northern Ireland) 1962.’.

Amendment 271, page 29, line 41, at end insert—

‘This paragraph is subject to paragraphs (1A) and (2).

(1A) An official poll card must not be sent to a person—

(a) as an elector, if the person is entitled to a postal vote in Northern Ireland;

(b) as a proxy, if the person is entitled to a proxy postal vote in Northern Ireland.’.

Amendment 272, page 30, line 23, leave out sub-paragraph (b).

Amendment 273, page 30, line 27, leave out sub-paragraph (d).

Amendment 171, page 35, line 3, leave out sub-paragraph (4).

Amendment 274, page 35, line 31, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.

Amendment 275, page 36, line 5, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.

Amendment 276, page 36, line 9, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.

Amendment 277, page 36, line 22, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.

Amendment 278, page 36, line 35, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.—(Mr Harper.)

[Chris Bryant]

I beg to move amendment 352, page 37, line 26, after ‘contrary’, insert

‘including any validly registered voter who presents himself to the polling station before 10 pm but, because of a queue, is not immediately able to vote’.

The amendment seeks to rectify the situation that we saw in the general election this year, when, as hon. Members will know, in several constituencies around the land people turned up to vote at 9.40 pm, 9.45 pm, 9.50 pm or 9.55 pm, but could not cast their ballots. Indeed, they were not provided with ballot papers because they could not get through the doors, as there were queues of people wanting to vote. I hope that all hon. Members thought it a bit of a scandal that although people have historically said that England is the mother of all Parliaments, and although we pride ourselves enormously on our historical past, we were not able to run—

--- Later in debate ---

[Chris Bryant]

The right hon. Gentleman makes an extremely good point, and I am glad that Ministers appear to be taking it on board. Had they presented their changes to the Northern Ireland, Wales and Scotland legislation to allow for combined polls, I would be able to present proposals that dealt with that problem. However, because the Government are not proceeding in an orderly fashion—they are putting the cart before the horse—I can table an amendment only in relation to the referendum. Should the Government get their act together and present their other proposals, the Opposition would indeed seek to make provision so that people could receive both ballot papers when they present themselves at the polling station.

Additionally, some people might say, “I’m here, but there’s a queue. Which of the two ballots should I participate in before the 10 o’clock deadline?” That could lead to a degree of chaos and disorder in the polling station, particularly in urban areas. The amendment would be an important provision and we need to make it. As I said, I am very hopeful that the Minister will meet my ardent desire and agree to it.

[Mr Harper]

I fear that I might disappoint the hon. Gentleman again. Clearly, some of the scenes on election night did not do our reputation any good, but it is worth putting them in context. The Electoral Commission report states that there was a problem with queues in 27 polling stations out of 40,000 that were used for the May elections, and that about 1,200 people were affected out of the 29.6 million people who voted. I do not wish to underplay the position for those people, but it is worth putting the problems in perspective. The report also states:

“The main factors which contributed to the problems were evidence of poor planning assumptions in some areas”,

meaning that some areas used assumptions for the general election based on the turnout for local elections.

--- Later in debate ---

[Mr Harper]

I will give way to the hon. Gentleman first.

[Chris Bryant]

It would be all right for this argument to be advanced if it were not for the fact that the Government are not doing anything about the problem. The Deputy Prime Minister said this was something that should never ever happen again. I have heard the Parliamentary Secretary say that voting fraud absolutely has to be dealt with, and I completely agree, but there are not any more incidences of that than there are of these problems in relation to the poll. If he were coming forward with a solution tonight, I might be more interested in his remarks.

[Mr Harper]

I did not say that we would do nothing about the problem. I specifically said the opposite—that the Government are looking carefully at the Electoral Commission’s report and its outline of the problem, and that we are considering possible solutions. We are not yet persuaded that a legislative solution is the right one, however. When we have decided what we think the appropriate solution is, if that requires legislation we will introduce it at the appropriate time. Also, if we were to make this change, we would need to make it for elections in the round, not just for this particular referendum.

--- Later in debate ---

[Chris Bryant]

Further to that point of order, Mr Evans. Several hon. Members have made the point this evening that there has not been time to debate significant elements of the Bill. In addition, the Government have today tabled 100 pages of amendments to the Bill, which they have proposed we debate next Monday, but they have already said that those amendments are incorrect and will have to be superseded by further amendments. At the moment, only two days are provided for Report. I would therefore ask the Government to consider providing a third day on Report, so that the issues can be fully debated. Otherwise, I am sure that their lordships would want to spend a considerable period of time looking at the legislation properly. Finally, the right hon. Member for Haltemprice and Howden (Mr Davis) rightly pointed out that votes normally follow voices in this House. That is to say that Members who shout aye have to vote aye, and if the Minister is going to shout aye in a moment, he should be voting in the Aye Lobby.

[Mr Harper]

Further to that point of order, Mr Evans. If the hon. Member for Rhondda genuinely thought that this was the most important part of the Bill, he should have thought about that when he moved some of his less important amendments today. That was a time-wasting exercise and nothing else.

I gave a clear commitment on Second Reading that the Government would do everything within their power to ensure that we had a debate and a vote on all the key issues of the Bill. We provided extra time in the programme motion last week. Reaching a point in the debate, of course, requires Members to exercise some discipline, which they were incapable of doing today. What is left within my power is to propose amendment 3 to enable the Committee to vote on it, but I ask my colleagues to vote against it. I want to facilitate the opportunity for this Committee to vote.

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

Debate between Mark Harper and Chris Bryant

Tuesday 12th October 2010 Commons Chamber

[Mr Harper]

So let’s crack on.

[Chris Bryant]

The hon. Gentleman spoke for longer than I shall, so he can keep shtum for a moment.

It would be better if there were no guillotines in the days provided for debate. As the Minister’s colleague, the hon. Member for Broxbourne (Mr Walker), asked: what is the rush? Does this Bill have to be hurried through because its measures are the glue that hold together the coalition—that is what Opposition Members suspect, and indeed I think that it is what the hon. Gentleman suspects as well—or is there some honourable, decent reason for that? We know the answer, of course.

There is clearly a rush on. The Select Committee report has already said that hasty drafting and no consultation are the hallmarks. In recent years it has been extremely unusual for any constitutional reform Bill to go through this House without any pre-legislative scrutiny. I have also scoured history to find a constitutional Bill of this magnitude and significance that went through with so few days of consultation on the Floor of the House. The Minister says it is a short Bill, and that may be the case.

[Mr Harper]

rose—

[Chris Bryant]

The Minister has talked enough, and he wants us to get on with the business in hand. He said it is only a short Bill. However, although it may contain only a few clauses, it is 153 pages long, and it affects major and significant parts of our constitution. Also, he has crafted the motion in a way that allows us remarkably little freedom within each of the days and between the days. For instance, if we finish the business early on the second day, next Monday, we will not be able to proceed straight away with the business for the third day. We will almost certainly need to review that, because the business for the third day is clauses 7, 8 and 9 and schedule 6, which include the topic of precisely how the alternative vote would operate. We must remember that the Bill will never come back to the House if the referendum is carried—although I know that the Minister hopes it will not be carried.

The measures to be discussed on the third day also give us the new rules for the Boundary Commissions, cutting up the rules that have existed for many years. In addition, there is the cutting of the number of parliamentary seats and the decision about how we distribute them. That, too, would never come back to the House for any vote hereafter, unless the House of Lords were to change the provisions. It would be wrong to concertina debate on all that into one single day. It is quite possible that that would mean that there would be perhaps half an hour or 40 minutes to discuss the Northern Irish element of the Bill, including the distribution of seats. That would not serve Northern Ireland well.

As several Members have made clear, there is an additional point to do with the Secretary of State for Wales. I have to say that since becoming Secretary of State she has become far more sour than she was before, when she was a rather more pleasant individual. She has refused point blank to allow a Welsh Grand Committee to discuss the very significant issues that there are in relation to Wales.

Therefore, although the Minister may be blasé, we are not buying any of this.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Chris Bryant

Tuesday 12th October 2010 Commons Chamber

[Mr Harper]

Opposition Members seem awfully obsessed by smoke-filled rooms. Given that this House voted in the previous Parliament to ban smoking in public places, I have not detected a lot of smoke in any of the rooms where we have had our discussions.

As I said, choices will be put to the House this evening; if the opinion of the House is tested, the House can make a judgment about which of the questions it finds most acceptable. I hope that hon. Members will support the amendments that I have proposed, which the Government have tabled. The hon. Member for Brighton, Pavilion is perfectly free to test hers too, and we will see where the balance of opinion in the House lies. Given that we have only 18 minutes left and we are dealing with a number of amendments, I shall draw my remarks to a close and allow the debate to continue.

[Chris Bryant]

May I say first to the Minister that one of the things that has crept into the contributions made from that Dispatch Box of late is a differentiation of a Minister as a Minister from a Minister when he or she is not acting in a ministerial capacity in some way? That is a dangerous concept to begin to adumbrate, because Ministers have to act, to some degree, with collective responsibility. Once that starts to fall apart, government starts to fall apart.

[Mr Harper]

I made it clear that the coalition agreement says that there will be, and the Government’s policy is for there to be, a referendum on the voting system, offering a choice between first past the post and the alternative vote. The Government do not have a view on the outcome, and that has been made clear. The coalition agreement explicitly says that the coalition parties will campaign on different sides, so I do not think that there is any risk to collective responsibility.

[Chris Bryant]

I understand the Minister’s point, but I just want to help him avoid becoming too much like the Deputy Prime Minister, because we would not want him to morph into a Liberal Democrat—I am sure he would not want that either. [Interruption.] The Deputy Prime Minister started with this concept of a personal idea on the situation in Iraq, so I just gently say that to the Minister.

The one thing on which I wholeheartedly agree with the Minister is what he said about Government amendments 230, 231 and 232 on changing the precise wording of the question. I think that the Electoral Commission has done a good job. It has looked at this and given us a better question, and we wholeheartedly support that. However, that is not the real point. The real difficulty was pointed out by the hon. Member for Harwich and North Essex (Mr Jenkin), who said that the bit that the Electoral Commission discovered that most people did not fully understand is what “alternative vote” means. I am not going to go down the route of supporting his amendment 244, which proposes

“optional preferential voting with instant runoff”

because I do not think that his is an unbiased question and I do not think it is intended to be helpful. It was presented with the usual finish and cheek with which he presents his arguments to the House.

Act of Settlement

Debate between Mark Harper and Chris Bryant

Thursday 1st July 2010 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

The hon. Member for Rhondda (Chris Bryant) tests us with flattery, hoping that it will get him somewhere, but I fear that he may be disappointed.

I congratulate the hon. Gentleman on his choice of subject. The House will know that it is a subject in which he has been interested for some time. Indeed, in 2008 he presented the last Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), with his plans for reforming the constitution. I presume that they were broadly in line with what he has just proposed. He nods in assent. I understand from a report in The Guardian at the time that his plans were given to the last Prime Minister’s new adviser on the constitution, but not much seems to have happened to them in the following two years.

[Chris Bryant]

Apart from their getting into our manifesto.

[Mr Harper]

They may have got into the Labour manifesto. Many things may have got into the Labour manifesto. I fear, however, that the hon. Gentleman might have been disappointed even if Labour had been successful in the election.

As the hon. Gentleman said, many Members of both Houses have sought debate on this issue, and it is important for us to discuss it. However—I know that this will disappoint the hon. Gentleman—it is complicated. He himself listed a significant number of pieces of legislation that would have to be considered, amended or possibly repealed: the Bill of Rights 1689, the Coronation Oath Act 1688, the Act of Settlement 1701, the Royal Marriages Act 1772, the Union with Ireland Act 1800, and the Regency Act 1706. This is not a straightforward matter, and I do not think that pretending it is straightforward or simple does any of us a service.

The hon. Gentleman is right to say that the Government —indeed, my right hon. Friend the Deputy Prime Minister and I—will be introducing a number of pieces of legislation that are mentioned in the coalition Government’s programme for government. We will introduce legislation on a referendum on the alternative vote, on reviewing the boundaries, on fixed-term Parliaments, and indeed on reform of the House of Lords, which may deal with the issue that the hon. Gentleman raised about the position of bishops in the other place. He can be confident that we have the appetite for reform, but I think that this particular matter involves a number of complicated issues.

--- Later in debate ---

[Chris Bryant]

As I said, posh tosh. The Minister is going to cite arguments that the civil servants around the corner will have prepared for him about how awfully difficult this is and how many pieces of legislation are involved, but if he is going to reform the House of Lords he is going to have to start with Magna Carta, and that is going considerably further back than the Act of Settlement.

[Mr Harper]

I said that merely to illustrate that this is a Government who are happy to carry out reform when it is necessary.

Clearly we would not legislate today to give men precedence over women in the line of succession, and I do not think that we would concern ourselves today with the religion of the monarch’s spouse or treat differently members of a particular religion. However, it is one thing to say that we would not legislate in that way today, and quite another to say that there are no obstacles to change. We need to think through the changes and their consequences before making them.

As the hon. Gentleman knows, the Act of Settlement is part of a political and constitutional settlement with strong historical roots. It does not, of course, prevent those in the line of succession from marrying Roman Catholics; it merely means that if they do so, they will lose their spot in the line of succession. It raises complex issues about the relationship between Church and state. There are many who, like the hon. Gentleman, do not think that the Church of England should be the established Church—

[Chris Bryant]

indicated dissent.

[Mr Harper]

That was the implication of what the hon. Gentleman said when he talked of allowing the Church of England to rush off by itself. In any event, the Act raises issues connected with the establishment of the Church, and it does us no service to pretend that it is not so.

The issue of primogeniture, particularly male preference primogeniture, has been raised from time to time, as has the hon. Gentleman’s point about giving female descendants of the sovereign the same rights as their male siblings. The title to the Crown, however, derives not just from statute but from common rules of descent. Succession to the throne in this country is based on a form of primogeniture which favours sons over daughters, but favours daughters of a sovereign over the siblings of that sovereign, so an older sister would lose her place to a younger brother but not to an uncle. Again, changing that arrangement would be a major constitutional measure. The hon. Gentleman pointed out one thing that is important to note, which is that currently the first three members of the royal family in line to the throne are all male and so we have some time until there may be a pressing issue to address.

The hon. Gentleman highlighted an issue that is complicated and I do not think it is right to sweep it away, pretending it is not. I am talking about the fact that this is not just an issue for the United Kingdom, because Her Majesty the Queen is sovereign of a further 15 independent nations and they have a right, with us, to decide on the line of succession. I do not suggest that they would necessarily have any problems with removing outdated provisions, but it is not the substance of the issue that is the problem; the problem is how we go about doing that. Because of the nature of our Parliament, this House and the other place can change the most fundamental of our constitutional provisions by a simple Act of Parliament, so the Act of Settlement could indeed be amended in this House, as could any of the other Acts that he mentions. That is true of some of the other countries of which Her Majesty is Queen, but it is not true of all of them. For some that have a federal constitution, such as Australia and Canada, amending those rules is a more complicated process, involving the states in those countries; it is not as straightforward as it is here.

The relationship between the Crown of the United Kingdom and the Crown of the other realms is complicated. The hon. Gentleman mentioned the one occasion when it has been tested, which was the abdication of Edward VIII. In those days, there were only six realms involved—Australia, Canada, New Zealand, South Africa, Newfoundland and Eire. Only three still survive as realms, although there are now a further 12, which were mentioned by the hon. Member for Edinburgh North and Leith (Mark Lazarowicz), who is no longer in his place. Even then, when the concept of the “imperial crown” and the “imperial Parliament” was much stronger, there were, as the hon. Member for Rhondda highlighted, a number of different views about the extent to which the United Kingdom could legislate on their behalf and the extent to which if we changed the line of succession to our throne, that would automatically feed into their arrangements. So if we were to go ahead and legislate in the UK alone, we would either be presenting the other realms with no choice in their own Head of State or we would cause a divergence in the line of succession.

The hon. Gentleman alluded to the fact that discussions have started with those Commonwealth countries and are continuing, but they should involve careful consideration of how we would implement change, the consequences and the timing. I do not think that those matters should be unduly rushed. Dealing with our non-codified constitution is complicated without having unexpected consequences. The Act of Settlement is part of the backbone of our constitution, and tinkering with it lightly without thinking through all the changes would have unforeseen consequences.

[Chris Bryant]

I sort of sympathise with the Minister because he has officials who want to make life difficult for him about this. But the truth about timing is that if Prince William were to have a daughter first and then a son, in realms other than this, where people wanted to assert that they thought it was unfair to have an unequal system that disfranchised or shoved the daughter further down the list, there would be a constitutional crisis. That is why it is timely to do this now, while there is not a problem.

[Mr Harper]

I thank the hon. Gentleman for that point, but that is why I thought it was important to highlight the fact that discussions are under way with other Commonwealth countries. It is not that the Government are in favour of no change; we are simply considering change carefully and thoughtfully.

The hon. Gentleman mentions timing, so it is worth picking up on the issue relating to the exclusion of Roman Catholics from the throne. We should examine the view of the Church on this, although I appreciate that there are divergent opinions. The previous Cardinal Archbishop of Westminster, Cormac Murphy-O’Connor, said that he thought that the Act of Settlement was

“discriminatory. I think it will disappear, but I don’t want to cause a great fuss”.

The current Archbishop of Westminster has said:

“I wouldn’t rush to support such a change in the law. I think that the position of the Queen and the monarchy is to be handled with great sensitivity”.

[Chris Bryant]

However, Catholic cardinals in Scotland have asserted very forcefully that they believe the law is entirely discriminatory and should be changed, and many prelates in the Church of England have also said it should be changed. I think I am right in saying that the General Synod of the Church of England also believes that it should be changed.

[Mr Harper]

The hon. Gentleman is right to highlight that point. Cardinal O’Brien in Scotland, for example, is much firmer about wanting to move quickly on this. However, this merely highlights the complexity of the debate. There is not even a single clear view within the Catholic Church in these islands. Some very significant Catholics think that the law should be changed, but should not be rushed or done in a way that causes the monarchy difficulty.

[Chris Bryant]

But there is not a single Catholic in the land who does not think that the law should be changed.

[Mr Harper]

I cannot possibly know the views of every single person in the United Kingdom, and neither can the hon. Gentleman.

As I have said, the Government are not saying that there should be no change. We are simply saying that, if we are to undertake change, we need to do it in a careful and thoughtful way. We are not saying that the parts of the Act of Settlement that we are discussing should never be changed. We do not rule out change. We simply argue that, if there is to be a change, it should be thoughtful, and undertaken carefully and with due consideration for our obligations to the other Commonwealth realms of which Her Majesty is Queen. We should also have consideration for the consequences not only for the Crown and the succession but for the position of the established Church in this country.

To give the hon. Gentleman hope, let me assure him that we have not ruled out change, but it would need to be done carefully and thoughtfully. If done in that way, it is much more likely to endure and not have unforeseen consequences. I shall leave him with that positive message, although I am sure that he will go away disappointed. I will also leave him with the thought that, although I will give the Hansard reporters a copy of my speech, I have waited until after the debate to do so, rather than giving it to them in advance, as he suggested. He was probably expecting the comments that I have uttered tonight. I fear that he will have to be disappointed in the pace of reform in this area, but when we bring to the House the measures on other areas of constitutional reform that were in our manifesto, I shall look forward to his wholehearted support for them.

Question put and agreed to.