Parliamentary Voting System and Constituencies Bill

Sadiq Khan Excerpts

Tuesday 12th October 2010 Commons Chamber

[Mr Jenkin]

I am rather touched—I have never been accused of lacking confidence before. I think that the NO2AV campaign will win whatever the date, and I have every confidence that AV will be trashed at the polls. However, I do not think that my hon. Friend has been listening to my point. The question is not whether the date should be moved for the convenience of the yes or no campaigns; it is an issue of principle. If we believe in direct democracy, as I do, we should want the issues addressed in a referendum to be separated and—as the Electoral Commission used to put it—elevated above the party political battle, so that the British people have a fair and uncluttered opportunity to understand those issues. I hope, therefore, that the Committee will support either the amendment in the name of the nationalists or, failing that, the amendment that I will move later.

[Sadiq Khan (Tooting) (Lab)]

I pay tribute to the serious contributions made in the first few speeches. Even if things do not turn out how those hon. Members would like this evening, I am sure that colleagues in the other place will read their speeches with great interest when they come to decide on the future of this Bill.

I relish my new role and the prospect of working with the coalition Government and, in particular, with the Deputy Prime Minister and the Parliamentary Secretary, both of whom are clearly committed to an agenda of reforming the Government’s political programme and strengthening our democracy. However, I am disappointed that the Deputy Prime Minister is not here. I appreciate that he has other important things to do, but it is ironic—this draws on a point made by the hon. Member for Grantham and Stamford (Nick Boles)—that the biggest proponent and advocate of the alternative vote is not here to talk about it.

The hon. Member for Harwich and North Essex (Mr Jenkin) is right that the burden should be on those of us who want AV to prove the case to the British people, first, that they should be motivated sufficiently to turn out on a separate date and vote on AV and, secondly, that they should vote yes in the referendum. I am disappointed, therefore, that the Deputy Prime Minister is not here. He is the great reformer, and his not being here sends, I am afraid, all the wrong messages to those of us who want to join him in changing how we vote in the House of Commons.

[Dr Julian Lewis]

Those of us who do not want AV under any circumstances are actually rather heartened by the fact that, apart from Liberal Democrat Front-Bench Members, who perhaps have to be here, there are only two Liberal Democrat Members—albeit very distinguished ones—favouring this stage of the debate with their presence.

[Sadiq Khan]

The hon. Gentleman knows all about conspiracy theories, and there will be people around the country with their own conspiracy theories about why so few Liberal Democrat Members are here.

The Bill has some positive aspects. In particular, some of us think that the proposals for a referendum on the voting system are good ones, but unfortunately we have concerns, as we will discuss, that other aspects of the Bill will do much to undermine, rather than enhance, British democracy. I am afraid that those aspects appear to be the product of narrow party interests, and given how the Bill has been drafted, there is a danger that those of us who would otherwise have supported it, and who ordinarily would have been allies of those on the coalition Front Bench and the Deputy Prime Minister will be forced to oppose it. The Committee has the opportunity to iron out those flaws so that the legislation can be made to support the high ideals of constitutional reform in the national interest, to which the coalition aspired only five months ago.

The starting point for today’s debate is clause 1, which, as was explained by the previous two speakers, stipulates that a referendum on moving to the alternative vote system for parliamentary elections “must” be held on 5 May 2011. As has been said by the chuntering hon. Member for Somerton and Frome (Mr Heath), the Committee will know that only one party—the Labour party—went into the last election with a manifesto commitment to hold a referendum on moving to AV. That commitment was made after an attempt by the then Labour Government to legislate for such a referendum earlier this year through the Constitutional Reform and Governance Act 2010. Unfortunately, however, those provisions were blocked by Conservative peers in the unelected House of Lords—so the conspiracy theory about why the Deputy Prime Minister is not here will continue. Furthermore, I am happy to note—and put the record right—that clauses providing for a referendum had previously been passed by a substantial majority thanks, in part, to the support of Liberal Democrat Members, one or two of whom have bothered to be here today while we discuss clause 1 of this great reforming Deputy Prime Minister’s Bill.

It is right to give the people a choice between the first-past-the-post and the alternative vote systems. AV is, like first past the post, a majoritarian system that maintains the single Member constituency link. However, it offers voters the ability to express a greater range of preferences than does first past the post, and that element has, arguably, become more salient in recent years, with the resurgence of multi-party politics in the late 20th century. AV is also more likely to secure the return of Members of Parliament with the preferences of more than 50% of electors. However, the strength of that likelihood varies depending on the form of AV used. It should be noted—I am sure that colleagues are aware of this—that the system proposed in the Bill allowing voters to express as many or as few preferences as they like would not guarantee the return of every Member with the preferences of more than 50% of electors. None the less, the voluntary model of AV on offer here could increase the legitimacy of the electoral process.

[Pete Wishart (Perth and North Perthshire) (SNP)]

Is not even to call this a mouse of a proposal to give a mouse a bad name? It is like Mr and Mrs Mouse got together and had a huge litter of children—and this AV proposal is the runt of that litter.

[Sadiq Khan]

The hon. Gentleman was, I am sure, in the House when the then MP for Cambridge referred to it as a “jemmy in the door”. I am not sure what the current intentions or aspirations of the Liberal Democrats are—survival might be one of them—but it is just a nasty piece of work, because we are not sure what they stand for or what the end goal is. But that is what we have, and sometimes the best can be the enemy of the good. We are where we are.

Others, of course, favour retaining the existing, first-past-the-post system, believing it a more straightforward method of voting that is more likely to avoid hung Parliaments and unstable Governments. I respect those views. Such differences of opinion are as evident in the Labour party as they are anywhere else—I hasten to add that some of my best friends hold that view. Yet although many of my colleagues are divided on the merits of different electoral systems, we are united in our belief that we should have a public debate about whether to move to AV, and that the voters should be given the final choice in a referendum. Although we support such a referendum, we share the concerns that many have voiced about precisely what the best time to hold it is. We believe that there is a serious concern about whether it is wise to combine such a referendum with the elections on 5 May 2011, as clause 1 proposes.

If passed, the Bill will change the way we choose Members of our elected House of Commons, change the size of the House of Commons, change our boundaries and change the way we do politics for at least a generation. Let us compare and contrast the haste with which that is being done—something on which there is a genuine difference of view, and not just between political parties, but within them—with House of Lords reform. I am not being critical of the groundwork being done on House of Lords reforms. All parties and most MPs agree on the need to reform the House of Lords. However, this coalition Government have established a Joint Committee, which is currently meeting and chaired by the Deputy Prime Minister, with a draft Bill to be published before the end of this year. The draft Bill will be subject to pre-legislative scrutiny by a Joint Committee over several months, and a Bill will be formally presented to Parliament, with, I am sure, a lengthy Second Reading debate, followed by a Committee stage and so on. Why is House of Lords reform treated with such care, attention and detail, yet House of Commons reforms is treated with undue haste and contempt?

[Mrs Anne McGuire (Stirling) (Lab)]

Does my right hon. Friend agree that it is strange that a parallel piece of legislation is effectively extending the length of this Parliament to five years, yet we have an unseemly rush towards a referendum that, frankly, could be held at any time over the next three or four years of this Parliament? Does he have any clue as to the psychology of the coalition Government in rushing for a referendum next May?

[Sadiq Khan]

The reason there has been a push for changing the voting system and for MPs being encouraged to try to secure more than half of the electorate is that trust and confidence had been broken by expenses and all the rest of it. The irony is that this shabby deal that the coalition Government have agreed—a fixed-term Parliament, rushing through a referendum on 5 May 2011, the boundary changes, and all the other things—is breaking the trust and confidence that we have been trying to build over the past few weeks and months, yet they do so at their peril. The hon. Member for Harwich and North Essex (Mr Jenkin) referred to his theories, but nobody has yet given the reason why 5 May 2011 should be the date of the referendum. If it is the case that the next election should be fought with 600 seats rather than 650, and with different boundaries—I accept that some hon. Members on the Government Benches hold this view—that can still be achieved, but by having a referendum later than 5 May 2011. What is the reason for the rush?

[Richard Fuller]

Will the right hon. Gentleman admit that it is somewhat hubristic for Labour Members to talk about the timing of referendums, when we are still waiting for the referendum that they promised when they were in office on European reform? I do not know whether he is a good judge of the timing of referendums, as last time he did not put that referendum in place at all.

[Sadiq Khan]

I am happy to take as many interventions as possible, but the hon. Gentleman has to grow up. Just grow up: we are having a proper debate about clause 1. As the hon. Member for Aldridge-Brownhills (Mr Shepherd) said, this is really the old politics. Let us debate the merits of clause 1.

[Mr Stewart Jackson (Peterborough) (Con)]

I hope that we can introduce some civility into this debate. The shadow Minister really should raise the level of the debate. My hon. Friend the Member for Bedford (Richard Fuller) raised a valid point: it ill behoves the right hon. Gentleman to lecture us on referendums on far-reaching constitutional issues when his party not only reneged on a solemn promise made at the ballot box to have a referendum on the Lisbon treaty, but guillotined the relevant Bill, forcing it through this House.

[Sadiq Khan]

I am happy to compare the record of Labour Governments on having referendums and making constitutional changes—changes with agreement and proper pre-legislative scrutiny—with that of this coalition Government or any previous Conservative Government.

[Mr James Gray (North Wiltshire) (Con)]

Does the right hon. Gentleman remember the timing of the important referendum on Scottish independence, which actually occurred before the Bill had passed through this House?

[Sadiq Khan]

One of the important things that the hon. Gentleman has to understand and accept is that one reason why a change in the voting system has been recommended is so that we can win back the trust and confidence of the British people. It ill behoves him to try to do that by harking back to precedents that I am afraid did not win the trust and confidence of the British people, but led to bigger problems than they solved.

[Mrs McGuire]

I appreciate that my right hon. Friend was not in the House at that time, so perhaps I could remind him that the constitutional issue that was put before the Scottish and Welsh people arose as a result of a cross-party consensus that that referendum should be held. There was not a unilateral decision on the date; there was an agreement on how we would move things forward, so that we could ascertain the views of the Scottish and Welsh people. That case is therefore a good example of cross-party co-operation on constitutional issues.

[The Temporary Chair (Mr Jim Hood)]

Order. If we are going to have interventions, can I ask that they be a bit shorter than that? Also, I am hearing noises from hon. Members to the side of me, which is inappropriate. I would ask right hon. and hon. Members not to chunter when an hon. Member is making a speech.

[Sadiq Khan]

My right hon. Friend makes a good point, but there is an even better point, which is that the issue was in our manifesto, which the British people voted on, rather than in an agreement reached after five days of haggling. There is a big difference between the two. The obvious question is: why the rush for 5 May 2011? We look forward to receiving the answer from the Parliamentary Secretary.

[Mr Davidson]

As someone who has form on supporting referendums, not only in the case of Maastricht, but on the constitution, I am in favour of the referendum that we are discussing now. However, to answer my right hon. Friend’s question about the timing, it is because a shabby deal has been done. In return for supporting Tory cuts, the Liberals get a reward. That is what this is about. It is very much the old politics, and that is why so many people will argue that crime should not pay, that the Liberals should be punished and that everybody should vote against AV in a referendum.

[Sadiq Khan]

What are the reasons for the coalition Government combining the referendum with the other elections taking place next May? One reason, as described by the hon. Member for North Swindon (Justin Tomlinson) in an intervention on the excellent speech by the hon. Member for Harwich and North Essex, is that voters would be too fatigued to go to the polls twice in a year. That reason is a pretty feeble justification for choosing May 2011. If the coalition Government and the Deputy Prime Minister believe, as I do, that electoral reform is a fundamental constitutional issue and that the public genuinely want the opportunity to vote for change, we should all have the confidence to believe that voters would be willing to cast a vote in more than one ballot in a year.

[Mrs Eleanor Laing (Epping Forest) (Con)]

Does the right hon. Gentleman agree that the House ought to pay attention to the Gould report? That report was compiled at the behest of the previous Government, after the mess of the 2007 elections in Scotland, when there were various elections on the same day. Gould concluded that one

“problem with combining these elections has to do with the confusion it creates among the electorate,”

adding that

“it is clear that some voters were confused by the combined elections”.

The Deputy Prime Minister says that that is patronising, but surely no one could suggest that only the voters of Scotland will be confused. If voters are confused, voters are confused.

--- Later in debate ---

[Sadiq Khan]

The hon. Lady makes a good point. I shall come to Ron Gould and his report in a moment, but she is right to say that he was not being patronising, but recognising a real issue.

[Mr Mark Williams (Ceredigion) (LD)]

Just to exemplify the point, will the right hon. Gentleman consider Wales and the spectre of three elections being held there? We waited a long time for our referendum date from the previous Government, but it did not come. Now, under this Government, we are finally getting it. There is a prospect of three elections in Wales—the National Assembly referendum, the Assembly elections, and the AV referendum. What effect does he believe that will have on turnout, and does it not necessitate that at least one of those elections be held on the same day?

[Sadiq Khan]

The best that I can do for the hon. Gentleman is to quote from the evidence that the excellent Select Committee on Political and Constitutional Reform received, which said:

“There should be no distraction from the national assembly election. That is why we have agreed with other parties in the Assembly that our own referendum should not be held on the same day as the Assembly elections.”

The important point is that for very good reasons the Assembly has decided not to have its referendum on the same day as the election, because it does not want to blur the issues. It would be counter-productive for there to be three, or two, elections in the early part of 2011; it would be confusing and blur the issues.

[Hywel Williams (Arfon) (PC)]

I rise to agree and to make exactly the same point. I disagree with the hon. Member for Ceredigion (Mr Williams): if the fatigue argument carries any weight, the Welsh electorate will already be fatigued, as we have our own referendum on 3 March, which is a very strong argument for having the other referendum on some other date.

[Sadiq Khan]

Another explanation for combining the referendum with the elections on 5 May is that it would save costs, and that justification is persuasive. However, there is a problem with that argument as well. The great reformer, the Deputy Prime Minister, would sound a little more convincing on that issue if he had demonstrated some consistency in the past. Last year, when there was a clamour from electoral reformists for a referendum on AV to be held on the same day as the general election, he was passionately opposed to it. The same money that the coalition Government are keen to save next May could have been saved this May, had the referendum been held on the same day as the general election, which would have meant a potential turnout of not 84% but 100%.

[Mrs Laing]

I thank the right hon. Gentleman for giving way again. Does he agree that if the cost to the taxpayer—the public purse—at this very difficult economic time were really uppermost in the mind of the Deputy Prime Minister, we would not be having a referendum at all?

[Sadiq Khan]

The hon. Lady makes a good point with which many colleagues agree, but I shall move on.

In my view, the Deputy Prime Minister had good reasons for opposing the combination. He worried that holding a referendum on electoral reform on the same day as the general election would cloud the debate and affect the outcome, making a yes vote less likely; he was right. He instead supported our proposals for a referendum after the election, but within approximately 18 months of the legislation gaining Royal Assent, which meant that the most likely date would have been October 2011. That course of action would not have delivered the savings that that combination with a general election would have provided, but, given the importance of the decision in question, it was a fairer and more constitutional way of proceeding. That was his view back then, but we know that it has changed.

[Mr Tom Harris (Glasgow South) (Lab)]

For clarification, will my right hon. Friend make something absolutely clear? When the Deputy Prime Minister opposed having a referendum on the alternative vote on the same day as the general election, was that before or after he was given a ministerial salary, a ministerial car, a ministerial private office and the accompanying prestige?

[Sadiq Khan]

My hon. Friend has made his point.

I hope that all Members, whether for or against a change from the first-past-the-post system to the alternative vote, agree that if we hold a referendum on the voting system, it is imperative that that referendum is transparent, clear and understandable to the British people and that the result is invulnerable to any charges of illegitimacy. I fear that the timetable for the referendum proposed by the Bill will fail on each of those counts. So I urge coalition Front Benchers to listen to the concerns being articulated by people of all political persuasions about the dangers of a clash between the referendum and local and national elections, which, as we must not forget, are due to take place in some places but not in others.

In Northern Ireland, Wales and Scotland, numerous warnings have now been given about the danger of combining the referendum with elections to the various devolved institutions. Those warnings have highlighted that holding simultaneous polls risks confusing voters and muddying political debate. That is not a patronising view from Westminster politicians; it is the view of the devolved Executives. In Scotland especially, there is, as has been said, concern about the unhappy experience of coupled elections in 2007, which gave rise to significant numbers of spoiled ballot papers, and that experience could be repeated. The hon. Member for Epping Forest (Mrs Laing) referred to Ron Gould, who recommended against combining polls.

[Mr David Winnick (Walsall North) (Lab)]

If there were overwhelming public pressure for a change in the voting system, one could understand the reason for holding the referendum as soon as possible. How many letters has my right hon. Friend received from constituents recommending any change?

[Sadiq Khan]

To be fair to the coalition Government, if one believes in reforming the constitution, the only criterion cannot be how full one’s mailbag or computer inbox is. I accept that sometimes one has to lead the debate, even if the public are not quite there. My problem is this: accepting my hon. Friend’s premise for a second, if the public are not clamouring for a change in the voting system, one would assume that the coalition Government, and the partner in that coalition that wants the change the most, would want more time to build up momentum and create a snowball effect, to provide more education on the process and to achieve a yes vote. The fact that they have not done so raises more questions than answers.

[Thomas Docherty]

The point was made before about spoiled ballot papers. Is my right hon. Friend aware that there were 147,000 spoiled ballot papers in the Scottish elections in 2007?

[Sadiq Khan]

What compounds that excellent intervention is that just today, the Liberal Democrat MSP for Dunfermline West, who was part of the committee that looked into the 2007 election, said:

“I am determined that this confusion be avoided at all costs for next year's election to the Scottish Parliament. I am therefore very much against the inclusion of a referendum on the same day as the Scottish elections!”

I have not found anyone so far—even the Deputy Prime Minister, who is not here today—who is in favour of coupling the two events. This is not about whether the British public can cope with one or two issues at a time; it is about ensuring that the issues are properly aired.

The problems do not stop there. If the referendum is combined with the other poll, there will be complications regarding the funding limits for political parties and for the referendum campaigns. To compound matters, an additional concern has been raised about the problem of differential turnout, given that some parts of the country—notably London—have no separate elections in May 2011. That makes live the issue of thresholds, which otherwise would not be an issue in the referendum.

Some argue that one of the virtues of combining the referendum with other polls is the likelihood of an increased turnout, but the logic of that argument works both ways, in that there could be lower turnouts where no elections are taking place on the same day. Do we really want to have debates on the legitimacy of the referendum after the event? I hope that hon. Members who have tabled amendments will ensure that there is a proper debate on that theme and that other hon. Members have listened to the issues that have been raised. Depending on what happens later this evening, I might decide not to press our amendment to a vote.

Concern has been expressed that 3.5 million eligible voters are not on the register. Rushing to have the referendum in less than seven months’ time reduces the chance of those people getting on the register and taking part. That is yet another reason why we say, “Decouple the referendum from 5 May, allow further time for the work to be carried out, and allow—for those of us who are progressives and want to see a change in the voting system—a real coalition, rather than the shabby deal done by this coalition Government behind closed doors over those five or six days”.

[Mr Edward Leigh (Gainsborough) (Con)]

It is a pleasure to follow the right hon. Member for Tooting (Sadiq Khan). I pretty well agreed with everything that he said in his excellent speech, but I wonder whether he might have been giving a slightly different speech today if the Labour party had won 10 more seats and there had been a Lib-Lab Government. However, we will never know—the past is another country. We are where we are, and we have to look at the situation that we have. I am tempted just to adopt the arguments given by my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), who made a first-rate speech, but there is a danger that we might complicate matters.

There are clearly a lot of political calculations going on, and I do not really know why this is such a macho issue for the Government, or why everything is being rolled out to win the vote tonight, as the Government undoubtedly will. I am not sure why the Deputy Prime Minister is so keen for the referendum to be on the same day as other elections. I suspect that there was a political calculation in the beginning. We can dismiss the argument that the reason why the Deputy Prime Minister wants to have the referendum on the same day is that he wants to save money. We can accept that that is a canard, as it was not his primary motivation. After all, the cost of a general election is some £80 million, and there is no doubt that if an AV system were introduced, that cost would rise steeply, as enormous costs would be tied up in the whole process of redistribution and cutting the number of seats. It simply does not wash that the primary motivation for having the referendum on the same day is the cost. There must have been some political reason, and I presume that that reason was that the Deputy Prime Minister thought that he would have more chance of winning the AV referendum if it were held on the same day.

--- Later in debate ---

This is a matter of principle, and the first duty of this House is to make sure that the workings of our democracy are protected. A referendum must be fair and it must command respect. Listening to the arguments here this evening, and to those in the media, among think tanks and on both sides of the AV campaign, makes me increasingly sure that holding this referendum on the same day as other significant elections will mean that it is seen to have a result that is not fair. I have never found myself in a position where I might vote differently from the leadership of my party, but the leadership of my party has never been represented by a Liberal Democrat.

[Sadiq Khan]

Does the hon. Lady think that one of the reasons the Deputy Prime Minister is not here is that Conservatives might support clause 1 if he is not here to make the argument?

[Mrs Laing]

I understand what the right hon. Gentleman is saying, but it is not for me to second-guess the Deputy Prime Minister. I merely disagree with him on this matter, and do not have any lack of respect for the other duties he is undertaking.

--- Later in debate ---

[Dr Lewis]

I would not bet the farm on it. One of the depressing aspects of the debate, being a touch more serious for a moment, is that we are debating the proposal only because it is a Lib Dem self-interested obsession. Liberal Democrat Members have not even had the guts to come here in any significant numbers to speak up for those policies on which they insist. They are the originators of this mischief, and they are now doing the Cheshire cat act and letting my hon. Friend the Parliamentary Secretary have the sticky end of the wicket trying to defend the indefensible.

[Sadiq Khan]

Some of us are advocates of AV and would campaign for a yes vote. Does the hon. Gentleman appreciate how let down we feel that the actions of the Deputy Prime Minister make it difficult for us to coalesce a campaign and get support for a yes vote, because on the day of the referendum candidates will be standing on the Liberal Democrat ticket? That will make it very difficult for us to canvass in the days and weeks preceding the elections. It pains me to say this, because I was looking forward to working with the Minister and the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper) on other issues, but our ability to do so has been hindered by the way in which the Bill has been drafted and the proceedings on it have been conducted.

[Dr Lewis]

I shall give a slightly pragmatic answer. Frankly, as long as hon. Members on both sides of the House work for whatever reason one way or another to defeat such an unwelcome change in our electoral system, I for one shall be extremely happy.

Liberal Democrats are not known for their consistency, and that was well illustrated by the shadow Secretary of State when he revealed something that I did not know: that the Deputy Prime Minister previously opposed in principle holding a referendum on the same day as a general election. At least there would be some sort of level playing field if a referendum were on the same day as a general election. What is so iniquitous about this proposal is that all sorts of elections will be held on the same day in different parts of the country using different systems; and in some parts of the country no elections will be held at all. That is unfair and discreditable. I believe that the idea of the differential turnout was part and parcel of the scheme for proposing the coincidence of dates because it was believed that it would help achieve a yes vote.

We had a lively exchange earlier about whether the coincidence of dates would help the yes vote or the no vote, but the most important thing is not that it might help one side or the other. The important thing is that, if an issue is vital enough to warrant a referendum, it is essential that that referendum should not be adulterated by party political cross-cutting issues on the same day.

One reason why political coalitions in peacetime generally do not have good reputations is their propensity to do dodgy deals behind closed doors. This proposal is the outcome of such a deal. It is intellectually and morally indefensible. It will not be a pleasure to vote for the first time today against my party leadership on an issue of principle. I hope that I will not be wasting my time and that people on the Government Benches will find it in their hearts to do a good deed today and put maximum pressure on the Government to abandon a thoroughly dishonourable bit of political fixing. I wish I could think of some other words to describe it, but I cannot. This is what happens when parties get together and start tinkering with the rules of the game. We may play on different sides in the game, but we ought to respect the rules. The proposal to hold the referendum on the same day as differential party political elections is an attempt to bend the rules, and we should have no part of it.