Oral Answers to Questions
Sadiq Khan Excerpts(13 years, 6 months ago)
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The Deputy Prime Minister
The specific reference to grandfathering in the coalition agreement applies to the staged way in which we want reform of the House of Lords implemented over time. We want to be clear about the end point, which is a fully reformed House of Lords, but the stages by which we get there should be subject to proper scrutiny and proper debate, and will be, not least in the Joint Committee, when we publish the draft Bill, which we will do fairly shortly.
Sadiq Khan (Tooting) (Lab)
The Deputy Prime Minister has got himself a reputation as an habitual breaker of promises. May I ask him a simple and straightforward question, to which I hope he will give a simple and straightforward answer? In his draft Bill on the House of Lords to be published shortly, will he keep his promise of a 100% elected second Chamber?
The Deputy Prime Minister
As the right hon. Gentleman knows—he is a member of the very Committee that I have been chairing—that issue is still under discussion. We will make our views clear, as he well knows, when we publish the draft Bill. He talks about promises. Is that the equivalent of the promise to hold a referendum on the alternative vote—a manifesto commitment made by his party, which is now being blocked by the Labour party in the other place?
Oral Answers to Questions
Sadiq Khan Excerpts(13 years, 7 months ago)
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The Deputy Prime Minister
Of course they have the power to do that now. Under the individual electoral registration scheme that we are seeking to introduce, we will ask voters to provide three proofs of identity and residence in order to verify the validity of their claims.
Sadiq Khan (Tooting) (Lab)
It is good to see the Deputy Prime Minister at the Dispatch Box. I hope that before the end of these questions he might actually answer one. I am trying to get to the bottom of his and the Government’s views on prisoners and voting. In an interview that he gave to The Guardian, when he had another job, he said he believed “the bulk of prisoners” should be given the vote. Is that his personal view or the Government’s view? Can he reassure those of us who are concerned about violent offenders and those who have committed sexual offences being given the right to vote that he can today rule that out?
Fixed-term Parliaments Bill
Sadiq Khan Excerpts(13 years, 8 months ago)
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Mrs Laing
I am glad the hon. Gentleman raises that and grateful to him. I very well remember 16 May 2008 —I have the Hansard here in my hand—and I am delighted that when I spoke from the Dispatch Box from which he just spoke, I did not encourage my party to vote against provisions for a fixed-term Parliament Bill. I doubted the motives of the Liberal Democrats at that point.
Mrs Laing
I am consistent on that point as in all other aspects of my political philosophy. In fact, the debate on 16 May 2008 was a full debate on this issue, and I urge hon. Members to consider it.
I have spoken to amendment 32 on behalf of the Political and Constitutional Reform Committee. Having performed my duty in that respect, I am now free, and I should like to speak to amendment 11 on my own behalf, and not on behalf of that Committee or anyone else. There are two issues to consider when it comes to the length of Parliaments: first, the constitutional principle; and secondly, the prevailing political situation. Let us be honest: that is the crux of the matter.
On the constitutional principle, there is nothing strange, new or innovative about a five-year parliamentary term. The hon. Member for Stalybridge and Hyde (Jonathan Reynolds) asked from where the Government have plucked the idea of five-year terms. The fact is that the law permits five-year Parliaments, as it has for the past 99 years. The idea has not been plucked from nowhere—it is quite normal.
Prisoners’ Right to Vote
Sadiq Khan Excerpts(13 years, 8 months ago)
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Sadiq Khan (Tooting) (Lab)
(Urgent question): To ask the Deputy Prime Minister if he will make a statement on the Government’s plans to give prisoners the vote.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
The UK’s blanket ban on sentenced prisoners voting was declared unlawful by the grand chamber of the European Court of Human Rights in October 2005, as a result of a successful challenge by a prisoner, John Hirst. The Government accept, as did the previous Government, that as a result of the judgment of the Strasbourg Court in the Hirst case, there is a need to change the law. This is not a choice; it is a legal obligation. Ministers are currently considering how to implement the judgment, and when the Government have made a decision, the House will be the first to know.
Sadiq Khan
Mr Speaker, you have yet again agreed to allow an urgent question so that we can ask the Government to account to the House for decisions that have been preannounced in the media. The news that prisoners are to be given the vote is a matter of great concern to the public. The House will note that the Deputy Prime Minister is not here to answer this important urgent question. I have 10 short questions for the Minister who is here to speak on his behalf.
When the previous Government consulted on this matter, the right hon. and learned Member for Beaconsfield (Mr Grieve), who was then the shadow Secretary of State for Justice and is now the Attorney-General, described the prospect of giving prisoners the vote as “ludicrous”. Does the Minister share that view? One of the most troubling aspects of the European Court ruling is that it opens the door to the possibility of serious offenders being given the vote. Will he explain how the Government would ensure that serious offenders are not given the vote? Press reports suggest that sentence length will be the key determinant in deciding which prisoners can vote. If that is the case, what length of sentence do the Government have in mind? How will they ensure that prisoners who are guilty of serious offences but serving short sentences are not given the vote? Will the Minister provide details of the precise mechanics that prisoner voting will entail? Can he also tell us whether prisoners will be allowed to vote in referendums as well as elections?
The Prime Minister is reportedly “exasperated” and “furious” at having to agree to votes for prisoners. Does the Minister share that view? There is a strong sense that the decision is being forced on this country against the will both of the Government and of the people’s representatives in this Parliament. For the sake of public trust in British democracy, will the Minister who is standing in for the Deputy Prime Minister therefore agree that any legislation put before the House on this vital issue should be the subject of a free vote?
Mr Harper
No one would have realised, listening to that, that the right hon. Gentleman was ever a member of the previous Government, who also accepted that the law needed to be changed, and accepted the judgment. I have looked carefully at the media reports, and all I can see is an expression by the Government, relating to what they are going to say in a pending legal case, that they must comply with the law. I would not have thought that explaining that the Government had to comply with the law was particularly revelatory. In fact, the right hon. Gentleman shared our view when he was in government. He was quite right to draw the House’s attention to the fact that the Prime Minister is exasperated. I suspect that every Member of the House is exasperated about this, but we have no choice about complying with the law.
The fact that the previous Government failed for five years to do what they knew was necessary has left our country in a much worse position, both because of the possibility of having to pay damages and because case law has moved on. The only thing that would be worse than giving prisoners the vote would be giving them the vote and having to pay them damages as well. That is the position that the previous Government left us in.
I shall now turn to the right hon. Gentleman’s questions. I made it clear in my statement that Ministers were considering how to implement the judgment, and when decisions have been taken they will be announced to the House at the Dispatch Box in the usual way. No decisions have been taken, and I am therefore unable to answer any of his questions at this time. The previous Government took five years to do nothing when they knew that something had to be done—in exactly the same way as they behaved in not dealing with the deficit. This Government have been in office for only a matter of months, but yet again our two parties are having to deal with the mess left behind by Labour.
Parliamentary Voting System and Constituencies Bill
Sadiq Khan Excerpts(13 years, 8 months ago)
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Sadiq Khan (Tooting) (Lab)
I welcome the Deputy Prime Minister to the Parliamentary Voting System and Constituencies Bill. He may have missed the contribution made by the hon. Member for Epping Forest (Mrs Laing), who reminded us that the first and only time that he graced the Chamber with his presence was on Second Reading on 6 September 2010. He reminds us of Alfred Hitchcock in those classic films in which he has a walk-on part and then comes back at the end for a bow. However, unlike Hitchcock, the right hon. Gentleman brought a posse with him for fear of being lynched—lynched by either that lot, the Liberal Democrats, or that other lot, the Conservative Back Benchers, never mind us lot in the Opposition.
Ironically, the Deputy Prime Minister, who was so keen on this Bill and who directed it, has made no attempt to play a role in it. The real reason, of course, is that he is not the architect. The architect is his chum the Prime Minister, who has just walked out, now that he has seen that his friend is safe.
Dr Julian Lewis (New Forest East) (Con)
As the right hon. Gentleman is less than overwhelmed by the prospect of this Bill, would he care to say which Hitchcock film he has most in mind? Is it “Vertigo”, “Sabotage” or “Psycho”?
Sadiq Khan
It is all the films that have a bad ending. Most right hon. and hon. Members will agree—some publicly and others privately—that as things stand, this is a deeply unsatisfactory piece of legislation. It has its genesis in the party political horse-trading that characterised the coalition talks and which is all too evident. I remind the House and those in the other place of what this Bill means unless the other place overturns some of the clauses passed here: a referendum on AV on 5 May 2011, which was not in the manifesto of either of the coalition parties, so there is no mandate for it; a reduction of elected Members in this House from 650 to 600, which was not in the manifesto of either coalition party, so there is no mandate for it; the abolition of public inquiries for boundary commission proposals, which was in neither of the coalition parties’ manifestos, so there is no mandate for it; holding the next general election with new boundaries based on purely mathematical formulae, save for two exceptions, of 600 seats, which again was in neither of the coalition parties’ manifestos, so there is no mandate for it.
We will soon have before us a new Bill that will set in stone the date of the next general election—5 May 2015. Once again, that was in neither of the coalition parties’ manifestos and there is no mandate for it. The Prime Minister and his chum, the Deputy Prime Minister, will sell these reforms in public as democratising measures that herald the dawn of a new politics. Behind closed doors, however, they offer a different rationale, as was revealed by the hon. Member for Cities of London and Westminster (Mr Field). On the day of Second Reading—the last time the Deputy Prime Minister came to this Chamber for this Bill—the hon. Gentleman said that
“the current proposals for AV and the reduction in number of parliamentary constituencies are being promoted by party managers as an expedient way to prevent our principal political opponents from recapturing office.”——[Official Report, 6 September 2010; Vol. 515, c. 47.]
I know that the Whips have kept the hon. Gentleman out of the Chamber this evening.
This Bill is the product of a straightforward political bargain. In exchange for a referendum on the alternative vote, which the Conservatives opposed, the Liberal Democrats signed up to a review of constituency boundaries that the Conservatives favoured. As such, it has come to be regarded by the leadership as an unalterable document that must be accepted totally and unquestioningly.
Mr Brian Binley (Northampton South) (Con)
Is all of this peroration meant to defend the 4.2% built-in bias for the Labour party in elections? Is that what this is about?
Sadiq Khan
The hon. Gentleman, who is a friend, has been absent for the past few days, and I am not quite sure what point he makes.
Sensible, neutral suggestions that have commanded support on both sides of the House, such as the proposal to ensure that the Executive do not grow disproportionately powerful as the legislature is reduced in size, have been dismissed. As any independent observer who has followed the passage of the Bill to date will readily admit, that unbending attitude deprives the Bill of the adjustments and improvements it sorely needs.
The scrutiny process has suffered from being rushed. It is a convention that major constitutional matters are debated here, but it is also a convention that they are given sufficient time.
Mr Cash
On constitutional conventions, is it not the case that in many countries, including ours, Bills of this kind are subject to thresholds because they ensure that enough people have voted? On the abstention argument, do the Opposition believe that people have a right not to vote? Otherwise, do they believe that voting ought to be compulsory?
Sadiq Khan
The problem with the hon. Gentleman’s propositions is that the manifestos of neither coalition party contained any of the ingredients of the Bill, let alone thresholds. That is one reason why, like sheep, they have voted against proposals for more accountability, both in Committee and on Report. Any independent observer who has followed the passage of this legislation, including the Deputy Prime Minister, who might have had a chance to read some of the Hansard reports, will readily admit that that unbending attitude deprives the Bill of the adjustments and improvements it sorely needs.
Let me give some examples of Bills that have gone through the House with proper debate and scrutiny. The Government of Wales Act 1998 was taken on the Floor of the House and was the subject of more than 69 hours of debate. The Scotland Act 1998 was also taken on the Floor of the House and was the subject of more than 121 hours of debate before it left for the other place.
Albert Owen (Ynys Môn) (Lab)
My right hon. Friend mentioned the Government of Wales Act 1998, which specified, subject to a referendum, that there would be no reduction in the number of Welsh seats until primary powers were devolved.
Albert Owen
But that was the settlement given to the Welsh people, and the Deputy Prime Minister is driving a coach and horses through it with his Bill.
Sadiq Khan
We also did a novel thing in those days—Labour still does this now—of putting the things that we stand for in an election manifesto. Even if someone wins a popular mandate for that manifesto, they should ensure that there is proper debate and scrutiny on the Floor of the House. The coalition Government have a smaller majority than the previous Labour Government, but they have rushed the Bill through.
The Bill is more far-reaching than the Acts to which I referred, but there have been fewer than 40 hours of debate on it in the House before it goes to the other place. Day after day, colleagues on both sides of the House have been denied their wish to speak and deprived of the opportunity to make important points, and their speeches have been truncated when in full flow. The Liberal MPs on the Front Bench below the Gangway have had their mouths zipped because of the way in which the coalition Government have rushed the Bill through.
Simon Hughes (Bermondsey and Old Southwark) (LD)
The right hon. Gentleman obviously has not quite understood that in a coalition, more than one party must be accommodated. The Labour party is not in the coalition. Can he be very clear whether Labour party policy is the same as it was at the election, which is to support the alternative vote? I am referring not only to the Leader of the Opposition, but the shadow Cabinet, Labour Members and the party as a whole.
Sadiq Khan
The deputy leader of the Liberal Democrats wants to start a new convention—have a manifesto, not win the election, get involved for five days in a shabby deal with the Conservative party, and reach an agreement for the sake of power rather than principle.
Mr Tom Harris (Glasgow South) (Lab)
I am always happy to come to the aid of the Liberal Democrats when they, once again, get their facts wrong. The policy of the Labour party at the last election was to have a referendum on the alternative vote and to allow the people of this country to have a say, with Labour MPs campaigning on both sides of the argument.
Sadiq Khan
My hon. Friend is absolutely right. The point is what these arrogant Ministers have come to, after just five months, in this mother of all Parliaments. At a time when we are helping emerging democracies understand how democracy should work, we have a Bill that will change the voting system, reduce the number of MPs and change the way in which seats are distributed, all for the sake of political expediency and the coalition’s calculations, rather than for principle.
For the avoidance of doubt, the Labour party supports the principle of more equal seats, but that objective could be met in a more balanced and practical way than proposed in the Bill. As things stand, the requirement for every seat to fit within 5% of a UK-wide electoral quota would see dramatic changes to long-established patterns of representation, but take no proper account of geography, history or community ties. The boundary commission secretaries said in evidence—I know that the Deputy Prime Minister does not like evidence, but I will give him some this evening—that
“the application of the electoral parity target is likely to result in many communities feeling that they are being divided between constituencies…and will result in many constituencies crossing local authority boundaries.”
We will see the creation of seats that cross the Mersey, a “Devonwall” constituency that straddles the Tamar is inevitable, and then there is the Isle of Wight—a problem that called for the wisdom of Solomon has received the attention of the absent Hitchcock in the last few weeks. Against everyone’s wishes, the island will be split in two, with 35,000 electors merged with constituencies in Hampshire, producing a ripple effect that will distort the composition of neighbouring seats for miles around.
We have suggested that several areas, including Cornwall, Anglesey and the Isle of Wight, should be allocated whole constituencies, to avoid these perverse outcomes. The Government have not listened. We advocated the compromise of a 10% absolute limit on disparity, which would provide more equal-sized seats while enabling factors such as geography and community to be taken into account. The Government have not listened.
The indecent haste of the changes will also create problems. To complete a review by October 2013, the boundary commissions have been instructed to use the December 2010 electoral register, from which more than 3.5 million eligible voters are missing, as the foundation for the constituencies redesign. As the missing millions are mostly younger, poorer people predominantly located in urban areas, the calculations are bound to produce a distorted electoral map.
To compound everything, the Bill abolishes the right to hold local inquiries into boundary commission recommendations. Even critics of the inquiry process have questioned that decision, asserting that if there was ever a boundary review for which inquiries will be needed, this is it. But the Government will not listen, because consulting the public would mean delaying their politically driven timetable, designed to damage Labour’s electoral standing.
Combining the referendum with other polls next May is also clearly wrong. It increases the risk of administrative chaos and the potential for spoiled ballots. It will also cause problems with expenses, the media and the electoral rules, as other hon. Members have pointed out.
Geraint Davies
On the issue of corrupting the democracy of the Welsh Assembly and the evidence of the Select Committee, does my hon. Friend accept that Wales is a nation of 3 million people set alongside a nation 17 times its size? Wales is also exclusively reliant on a funding stream from England. The Select Committee essentially said that there will be profound constitutional consequences for the whole of the UK if this Bill is railroaded through and the democratic mandate from Wales is reduced by a quarter. We are here to be the voice of Wales, and this is a slap in the face for the Union and for Wales.
Sadiq Khan
If my hon. Friend thinks that the Deputy Prime Minister—the great reformer—has read the report of the Welsh Affairs Committee, I am afraid that he is mistaken. The Deputy Prime Minister has not even read Ron Gould’s report or been present in the Chamber since 6 September, so the idea that the Government will take into account any of the evidence is nonsense.
Mr Alan Reid (Argyll and Bute) (LD)
The right hon. Gentleman mentions the Gould report. The problems in the Scottish elections in 2007 were caused because the Labour Government decided to have a ballot paper on which people had to put two crosses in two separate columns. If he had read the Gould report, he would know that that was what caused the problem. In this case, there will be three ballot papers and people will have to put an X on each of them. That is far simpler. Clearly he has not read the Gould report.
Sadiq Khan
The hon. Gentleman is making the same mistake that the Deputy Prime Minister made, which is not to have heard the comments made just an hour ago by my hon. Friend the Member for Rhondda (Chris Bryant) on the same point. What the hon. Gentleman has described is not the reason why we object to the referendum and the elections being held on the same day. He really must do a service to his constituents, bearing in mind that they will suffer huge consequences, by listening to the evidence and listening to the debate. The other problem with having a referendum on the same day as national elections and council elections outside London is the differential turnout. Irrespective of the result on 5 May 2011, and whichever way the vote goes, there will be questions about the legitimacy of that vote because of differential turnouts. Who is to blame for this? The Deputy Prime Minister, the great reformer.
Labour supports a referendum on AV and agrees with the principle of creating more equal seats, but this Bill is a bad means of delivering both objectives. It is too inflexible and too hasty, and it will lead to great and ongoing political instability. This House has failed to improve the Bill because it has not been allowed to do so. To our shame, that task now falls to unelected peers in the other place, whom we must now rely on to inject some democratic principles into what, to date, has been an inglorious episode in recent parliamentary history.
Sadiq Khan
Does the hon. Lady think a system that is not subject to a public inquiry is more or less likely to lead to gerrymandering?
Mrs Laing
No. I think the point is incompetent. We debated it at great length last night, and the fact is that public inquiries are not necessary. It is necessary to have a certain amount of time for consultation, and that is provided in the Bill. We do not need long, drawn out public inquiries when political parties spend weeks and months arguing spuriously about old-fashioned boundaries and traditions, and about hills, mountains and rivers, when they are concerned only about the number of Labour voters or Conservative voters who are likely to be in a constituency. Labour Members should have the courage to face up to a fair democratic system, and that is what the Bill will introduce.
Oral Answers to Questions
Sadiq Khan Excerpts(13 years, 9 months ago)
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Mr Harper
My hon. Friend puts his finger on an issue that the cross-party Committee is taking seriously and on which I am sure the Joint Committee will have a view: the length of, and procedure for, the transitional period. It is not an easy process. I look forward to the debate once we have published our draft Bill.
Sadiq Khan (Tooting) (Lab)
We support the Minister’s plans to make constitutional and political reform the Government’s centrepiece, as long as it is for the right reasons and is effective. Will he confirm that, at the same time as rushing through legislation to remove 50 elected Members from this House—all the evidence suggests that most of them will be Labour MPs—this Government are rushing through plans to appoint 50 more unelected peers to the other place, most of whom will be Conservative and Liberal Democrat? Can the hon. Gentleman understand why most observers think that this is partisan and political manoeuvring?
Mr Harper
I welcome the right hon. Gentleman to his position, as this is the first time that we have crossed swords at the Dispatch Box at Deputy Prime Minister’s questions.
On House of Lords reform, as I said in my previous answer, the Government will create some new peers in due course—the Prime Minister has made that clear—in the same way that the previous Government did. Since the election, 29 Labour peers have been created, in the resignation honours list of the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), but only 27 coalition peers. The Government have no plans to pack the upper House; the Government do not have a majority in the other place; we will take our legislation through there by arguing the merits of the case and hoping to persuade a majority.
Parliamentary Voting System and Constituencies Bill
Sadiq Khan Excerpts(13 years, 9 months ago)
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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?
Parliamentary Voting System and Constituencies Bill
Sadiq Khan Excerpts(13 years, 9 months ago)
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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.
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%.
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.
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?
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.