Parliamentary Voting System and Constituencies Bill

Roger Gale Excerpts

Monday 18th October 2010 Commons Chamber

[The Temporary Chair (Mr Roger Gale)]

With this it will be convenient to discuss the following: Government amendment 264.

Amendment 247, page 17, line 5, at end insert—

‘7A (1) The Electoral Commission shall not issue any explanatory document to persons entitled to vote in the referendum during the relevant period unless the wording, content and design of such document has been agreed by both organisations designated for the purposes of section 108 of the 2000 Act (designation of organisations to whom assistance is available), where such designations have occurred.

(2) In sub-paragraph (1) the “relevant period” is the relevant period for the referendum as defined in section 125 of the 2000 Act (restriction on publication etc. of promotional period by central government etc.).’.

[Chris Bryant]

The amendment deals with the simple issue of the role of the Electoral Commission in relation to the referendum next year. While the Bill provides that the commission should take whatever steps it thinks appropriate to promote public awareness of the referendum and how to vote in it, we believe that that should be subject to the agreement of the Speaker’s Committee on the Electoral Commission. I realise that hon. Members may think that that is some strange committee with no proper function and is just a bunch of MPs who want to interfere in the process, but in fact it is laid down in the 2000 Act. It has three ex-officio members—the Deputy Prime Minister, the Speaker and the Chairman of the Political and Constitutional Reform Committee. In addition, a Minister is appointed to the committee by the Prime Minister, in this case the Minister for Housing and Local Government, as well as five other Members—the hon. Member for East Surrey (Mr Gyimah), my right hon. Friend the Member for Manchester, Gorton (Sir Gerald Kaufman), the hon. Member for Belfast East (Naomi Long), my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) and the hon. Member for South West Devon (Mr Streeter). One might call that an eclectic mix, but it represents a broad swathe of opinion on the issue of the referendum as well as many other electoral matters.

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[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.

[The Temporary Chair (Mr Roger Gale)]

I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.

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[Mr Graham Brady (Altrincham and Sale West) (Con)]

I beg to move amendment 59, page 2, line 9, after ‘constituency’, insert

‘with the exception of citizens of Commonwealth countries or, subject to sub-paragraph (c) below, of the Republic of Ireland.’.

[The Temporary Chair (Mr Roger Gale)]

With this it will be convenient to discuss the following:

Amendment 332, page 2, line 19, at end insert ‘, and

(c) the person who, on that date, are aged 16 0r 17 and would, but for their age, be eligible for registration as electors at a parliamentary election in any constituency.’.

Amendment 60, page 2, line 19, at end insert—

‘; and

(c) citizens of the Republic of Ireland who are ordinarily resident in Northern Ireland and who have chosen Irish citizenship under the terms of the Good Friday Agreement.’.

Amendment 61, page 2, line 19, at end insert—

‘; and

(d) British citizens living outside the United Kingdom and not currently entitled to vote as electors at a parliamentary election in any constituency.

(1A) The Minister shall, within one month of the day on which this Act is passed, by Order provide for a system of prior registration of those entitled to vote in the referendum under subsection (1)(d) above, and for mechanisms by which their votes can be cast.’.

Amendment 156, page 2, line 19, at end insert ‘; and

(c) British subjects of Overseas Territories and Crown Dependencies who have individually expressed a wish to participate in United Kingdom Parliamentary elections.’.

Amendment 157, page 2, line 19, at end insert—

‘(1A) The Minister must, within one month of the day on which this Act is passed, by Order made by statutory instrument provide for a system of prior registration of those entitled to vote in the referendum under subsection (1)(d) above, and for mechanisms by which their votes can be cast.’.

Clause 2 stand part.

[Mr Brady]

It is a pleasure to rise to speak briefly to amendments 59, 60 and 61, which stand in my name and those of my hon. Friends. We frequently make the mistake in this House of legislating in haste and repenting at leisure, but that is an even greater danger when we are engaged in legislation that can change the whole constitution of our country and that is what these amendments seek to address. I fear that in the Bill as it stands, we risk putting the cart before the horse, and I want to reorder those in the appropriate way.

In a nutshell, the import of my amendments would be that, first, only British citizens should be able to vote in the referendum and, secondly, that British citizens should be able to vote wherever they may be in the world. That would necessitate a number of changes, because my hon. Friend the Minister is proposing simply to take the franchise that we currently use for general elections and bolt it on to the referendum legislation.

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[Mr MacNeil]

The hon. Member for Broxbourne (Mr Walker) may have been taunting the Liberal Democrats to stick to their principles, but I am again stunned by their spinning, wriggling and movement. Is there anything left? No single transferable vote, no votes for 16-year-olds—what is left for the Lib Dems? May I offer them a cerebral argument? Sixteen-year-olds will be disproportionately affected by virtue of their age—

[The Temporary Chair (Mr Roger Gale)]

Order. I should like to curtail interventions to intervention length.

[Natascha Engel]

But they are so worth it!