European Parliament Elections Bill Debate

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Department: Cabinet Office
Friday 4th March 2016

(8 years, 2 months ago)

Commons Chamber
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Rob Wilson Portrait Mr Wilson
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As my hon. Friend will know, this country agreed to change the electoral system at European level from first past the post, and having done so it would be fairly disingenuous for the Government to go back on it at this stage. Although we may move to another system, we could not now go back to first past the post. I will make a few more comments about that in a moment.

It may help hon. Members if I set out some information about the history of the voting system used in UK elections for the European Parliament. As they will know, direct elections for the European Parliament first took place in 1979. From 1979 until 1994, such elections in Great Britain were held under first past the post. I am very keen to support that system, and I certainly supported it at the referendum in 2011. Great Britain was divided up into a number of single Member constituencies. At each election voters had one vote, and the candidate in each constituency who received the most votes was returned as the MEP for that constituency.

Since the first elections in 1979, the single transferable vote has been used in European elections in Northern Ireland. That reflects the long-standing practice of using proportional representation and specifically STV in Northern Ireland for elections other than to the House of Commons. My hon. Friend’s Bill proposes no change to the type of voting system used in Northern Ireland at European elections.

The Labour party manifesto for the UK general election in 1997, as the hon. Member for Caerphilly (Wayne David) said, gave a commitment to introduce proportional representation for European parliamentary elections. Upon taking office, the new Labour Government announced that they intended to introduce a regional list system for the European parliamentary elections. The European Parliamentary Elections Bill was introduced in Parliament by the then Government in October 1997.

That Bill proposed a system where a voter in each region would have one vote which could be cast for either a party or an independent candidate. Hon. Members may be aware that debate in Parliament centred on the type of list system to be used, with a number of attempts made to introduce a form of open list system, where voters would be able to vote for individual party candidates. The then Government’s preference was for a closed list system. Their concern about the open list system, as suggested by the then Opposition, was that there might be individual candidates who were not elected, while others from another party with fewer individual votes were elected because their party was more successful overall. In other words, voters’ preferences for individual candidates may not necessarily be translated into electoral success. This might call into question the legitimacy of some elected representatives.

Stephen Pound Portrait Stephen Pound (Ealing North) (Lab)
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I feel convinced that in years to come the Minister’s speech today will be studied as part of constitutional history and will be the reference point. It is a magnificent piece of work. May I tell him that in Northern Ireland the reason why we use the alternative vote, why we use the d’Hondt system and why we even use the rather exotic Droop quotient on occasions is that there was a disconnect under the brute simplicity of first past the post? Although first past the post has its attractions, it cannot claim to proportionally represent the electorate. That is the problem. Does the hon. Gentleman not realise that there is a genuine difficulty with first past the post in very, very large constituencies when it comes to representing the whole of the electorate?

Rob Wilson Portrait Mr Wilson
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That is the first time I have heard of the Droop quotient. Obviously, it is something the hon. Gentleman is very familiar with. We are not proposing to restore first past the post at European elections. This is a debate about a closed and an open system for candidates, so we will not be proposing that we go back to the first past the post system.

Helpful research, which the hon. Gentleman might be interested in, was produced by the House of Commons Library, explaining that at Lords Third Reading a Conservative amendment based on an open list system modelled on the Finnish system was successful. Members of the other place pressed this amendment and eventually the Government used the Parliament Act to take the Bill through in the following Session. The result was the European Parliamentary Elections Act 1999, which introduced a closed list system. This was used for the first time in the June 1999 European parliamentary elections. The European Parliamentary Elections Act 2002 superseded the 1999 Act and made provision for the closed list system to be used for elections to the European Parliament in Great Britain.

I should also explain that, following the Matthews case, the European Parliament (Representation) Act 2003 extended the franchise for UK elections to the European Parliament to Gibraltar. The Act provided for Gibraltar to be combined with an existing region and, following a recommendation from the Electoral Commission, Gibraltar has been combined with the South West region for the purposes of European parliamentary elections.

It is important to note that under European law Council decision 2002/772/EC, which amends the 1976 Act of the European Parliament concerning the election of Members of the European Parliament by direct universal suffrage, Members are now required to adopt a proportional voting system for elections to the European Parliament. The decision was made with the agreement of all member states, including the then UK Government. As I have indicated, the current system for European parliamentary elections in the UK was put in place by the European Parliamentary Elections Act 1999 before the requirement in European legislation for a proportional system was introduced.

It might be helpful if I set out briefly the key features of the closed list system that has been used for European parliamentary elections in Great Britain since 1999. Elections to the European Parliament are currently held every five years. For the purposes of European parliamentary elections in the United Kingdom, Great Britain is divided into 11 electoral regions. Each region must have a minimum of three MEP seats. There are nine regions in England: East Midlands has five seats, Eastern has seven, London eight, North East three, North West eight, South East 10, South West, which includes Gibraltar, six, West Midlands seven and Yorkshire and the Humber six. Scotland, which has six MEP seats, and Wales, which has four, each form an electoral region for the purposes of the European parliamentary elections.

In Great Britain, under the closed list system, electors have one vote, which they may cast for a party or an independent candidate. The seats in each region are allocated to parties in proportion to the number of votes they receive, using the d’Hondt formula.

Stephen Pound Portrait Stephen Pound
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Will the Minister give way?

Rob Wilson Portrait Mr Wilson
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I will in one minute.

There is no threshold of votes that a party or candidate must achieve to win a seat in a region. The seats are assigned to party candidates according to the order in which the candidates are displayed on the ballot paper. That order is predetermined by the party before the election. I give way to the hon. Gentleman.

Stephen Pound Portrait Stephen Pound
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I am sorry to interrupt the hon. Gentleman’s flow, but he mentioned Scotland, England and Wales. Did I miss his mention of Northern Ireland?

Rob Wilson Portrait Mr Wilson
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The hon. Gentleman must have done, because I mentioned Northern Ireland earlier in respect of the single transferable vote.

Stephen Pound Portrait Stephen Pound
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Yes, I heard that. I meant in respect of the number of seats.

Rob Wilson Portrait Mr Wilson
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I will come to that if the hon. Gentleman will be a little bit patient.

Rob Wilson Portrait Mr Wilson
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It might be helpful if I outline briefly the d’Hondt method that is used to allocate the seats in electoral regions for European parliamentary elections in Great Britain. Under the d’Hondt formula, seats are allocated singly, one after another. The basic idea is that, at each stage, a party’s vote total is divided by a certain figure, which increases as it wins more seats. The divisor in the first round is one and, in subsequent rounds, the total number of votes for a party is divided by the number of seats it has already been allocated, plus one. I can see that everyone is clear about the d’Hondt formula as a result of that explanation.

The number of seats for Northern Ireland is three, just to answer the hon. Member for Ealing North (Stephen Pound).

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Rob Wilson Portrait Mr Wilson
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Well, that is of course my hon. Friend’s opinion, but if we are to debate the issues in depth, I think it important to get everything out in the open and on the table, so that if the Bill goes any further later in this Parliament or in the next Parliament, we will have solid grounds on which to discuss these issues. I would therefore like to put these matters on the record.

On the voting system for the UK European parliamentary elections, the majority of respondents felt that introducing open list systems for those elections would be “a positive step”, although in view of what my hon. Friend the Member for Christchurch said earlier, he might not want me to say that. Some respondents also felt that a move to an open list system might be of benefit in better engaging electors. For example, this view was expressed by the Electoral Reform Society in its submission of evidence to the review.

Let me read out an extract from chapter 2 of the voting section of the report, which covers the voting system used for UK European parliamentary elections. [Interruption.] I can see the excitement coming from the hon. Member for Ealing North. He has sat up in his seat, bolt upright and to attention, desperate to hear what chapter 2 says. So, here goes:

“At the time of the introduction of the European Parliamentary Elections Act 1999, there was considerable debate in the UK Parliament on the issue of moving from the previous, constituency- based, first past the post system, to the closed list system in use for UK European Parliamentary elections today. The majority of this debate focused on the planned move to a closed rather than open list system of proportional representation.

Respondents expressed mixed views regarding the EU requirement for MEPs to be elected in accordance with the principle of proportional representation. One reason given for this was the potentially weaker electoral connection between MEPs and the electorate. Some attendees at a stakeholder event held in Brussels to discuss the issues in this report felt that the move from first past the post to proportional representation had weakened this link because voters did not select an individual to represent them directly. It was also noted that, given these arrangements and although MEPs do receive a significant amount of casework, electors were more likely to contact MPs in the first instance.

In contrast, the Electoral Reform Society stated that ‘it is correct that the EU only allows countries to use a proportional system…additionally, it is correct that an institution such as the European Parliament, which runs on consensus and scrutiny, should reflect the broad swathe of the British public’. The Scottish Government was also of the view that the requirement that all Member States adopted a system of proportional representation was reasonable. They felt that whilst it was sometimes suggested that first past the post systems created a closer link between candidates and the electorate, equally there was strong support for a proportional system which ensured that voters were more likely to see a candidate from their selected party elected.

The majority of respondents did, however, criticise the closed list system used in England, Scotland and Wales. A few attendees at the stakeholder event in Brussels saw the closed system as an advantage because ‘it gives voters some certainty as to the candidates most likely to represent them on behalf of a party, if that party was elected’. However, the general opinion across respondents was that the closed list system failed to ‘engage voters to the same extent as an open list system’. As the Electoral Reform Society highlighted, ‘polls suggest only around 7-10% of the public can name their MEP’. For this reason, some attendees at a stakeholder event held in London expressed a preference for the Single Transferable Vote (STV) system used in Northern Ireland, or for further research to be undertaken in this area. The Chief Electoral Officer for Northern Ireland noted in his evidence that ‘there are no real concerns about the lack of constituency links with regard to…MEPs’ in Northern Ireland.

The majority of respondents considered that to introduce open list systems (used elsewhere in Europe) for UK European Parliamentary elections would be a positive development; for example, the Electoral Reform Society felt that such a move to an open list system would be a ‘vast improvement’ This argument is reinforced in an article published in 2009 by academics Professor Simon Hix and Dr Sara Hagemann, which found that in those countries using open list systems electors were 20% more likely to be contacted by candidates or parties than in those states which used closed list systems. Electors were also 15% more likely to say that they felt informed about elections and 10% more likely to turnout. However in the main it was felt that a change to the current balance of competences was not necessarily the most effective way to achieve stronger links between individual candidates and electors”.

A number of respondents to the call for evidence expressed concerns about the current closed list voting system used at European parliamentary elections in Great Britain. However, as I said earlier, there have been no widespread calls for a change in the open list voting system; certainly, my postbag is not full of such requests. Also, this country recently voted against a change to the voting system used for Westminster parliamentary elections in the 2011 referendum on the alternative vote system. There does not appear to be a great appetite for change on the part of the public across the country, and we have to take that into account when we consider this issue.

As hon. Members are aware, EU legislation stipulates that all member states must adopt a proportional voting system for the European parliamentary elections using either a list system or single transferable vote. I understand that a small number of member states use the single transferable vote for European elections. The Republic of Ireland and Malta are examples of this. However, most member states use a form of list system, with both closed and open list voting systems being used to elect MEPs across the member states.

Seats in the European Parliament are allocated to member states on the basis of degressive proportionality. This is the principle that the distribution of seats to member states should, as far as possible, reflect the range of populations. Larger member states have a higher number of MEPs than smaller member states, but in turn, those MEPs represent a larger number of citizens. There is a minimum allocation of six MEPs for a member state and a maximum of 96. Germany is the member state with the largest number, with 96, while Estonia, Cyprus, Luxembourg and Malta each have six.

For the record, the current number of MEPs for each member state is as follows: Germany 96; France 74; United Kingdom 73; Italy 73; Spain 54; Poland 51; Romania 32; the Netherlands 26; the Czech Republic 21; Belgium 21; Greece 21; Hungary 21; Portugal 21; Sweden 20; Austria 18; Bulgaria 17; Denmark 13; Finland 13; Slovakia 13; Ireland 11; Croatia 11; Lithuania 11; Latvia 8; Slovenia 8; Cyprus 6; Estonia 6; Luxembourg 6; and Malta 6.

Stephen Pound Portrait Stephen Pound
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United Kingdom: nul points.

Rob Wilson Portrait Mr Wilson
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No, it’s not the Eurovision song contest.

Prior to the 2014 European parliamentary elections, the Lisbon treaty provided that at those elections the total number of MEPs should be reduced from 766 to the current total of 751, including the President of the European Parliament. However, the UK’s allocation was increased by one, so it is not nul points for the United Kingdom.

Stephen Pound Portrait Stephen Pound
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Pardonnez-moi!

Rob Wilson Portrait Mr Wilson
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The UK’s allocation was increased from 72 to 73 seats under the Lisbon treaty, slightly increasing our proportion of seats in the European Parliament.

An area that I think is relevant to today’s debate is voter turnout at European elections. One argument that can be put forward in support of an open list system is that it gives the elector a greater choice and more say over which candidates are elected. This could lead to electors feeling more engaged in the electoral process. It is not clear whether a change to an open list system would impact on turnout for European parliamentary elections in Great Britain, however, as turnout at any election is affected by a range of factors in addition to the voting system.

Since the first European parliamentary elections in 1979, turnout at UK European parliamentary elections has consistently been lower than the average turnout across other member states. The average turnout at European parliamentary elections across all member states has steadily decreased since the first direct elections to the European Parliament in 1979. With the exception of the 1999 UK European parliamentary elections, which were not combined with local elections as is usually the case, turnout in the UK under the current closed list system has been broadly comparable with the levels of turnout seen at the UK European parliamentary elections held under the first-past-the-post system between 1979 and 1994.

The figures that I have on turnout for past European parliamentary elections, rounded to the nearest whole number, are as follows: 32% in 1979; 33% in 1984; 36% in 1989; 36% in 1994; 24% in 1999 when, as I said, the were no local elections at the same time; 39% in 2004; and 35% in 2009. At the 2014 European elections, according to the House of Commons research paper, turnout across the UK as a whole was 35.4%, compared with 34.5% at the previous election in 2009, so the figures were roughly the same.

Turnout in 2014 across the European Union was 43%. The paper notes that turnout in some of the newer member states was relatively low. For example, in Slovenia it was 23%, Croatia 25%, Czech Republic 18%, Poland 23% and Slovakia 12.7%. I should explain that the open list system is not currently used in any statutory elections in the UK. Introducing an open list system at European parliamentary elections in Great Britain would require both primary and secondary legislation, and that requirement should be factored in when considering a possible change to the voting system for European parliamentary elections.

In addition, there are a number of practical and logistical implications that would need to be considered when changing the voting system for the European elections. Political parties, candidates, electoral administrators and electors would all need to receive guidance and instructions on the workings of the new voting system, which would be novel and potentially complex for electors. In particular, a public awareness campaign of some sort would be necessary to ensure that voters understood the requirements of the new voting system and that their votes were correctly cast at elections.

The design of the ballot paper would change quite significantly under an open list system. On the ballot paper, under the current closed list system, there is a box against the name of each party and each independent candidate, and the voter puts a cross in the box next to their choice. The names of the party candidates are shown on the ballot paper underneath the party for which they are standing, but they are printed in a smaller font size than the name of the party, and there is no box against the name of each party candidate, because the voter will cast a vote for a party under the closed-list system.

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Christopher Chope Portrait Mr Chope
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It has been a pleasure to listen for so long to my hon. Friend on the Front Bench. I think that he will be a worthy nominee to the European Commission, because he has today shown his capacity to make a bureaucratic mountain out of a veritable molehill. He has also, in the course of his speech, set out a number of very good reasons why we would indeed be better off leaving the European Union, for which I am grateful. He pointed out that even when all the United Kingdom’s MEPs vote in the same lobby, they have fewer than one in 10 votes, which means we will always be in a minority. We will always find that our national interest cannot be protected in the European Parliament because of the system we have. I hope that the Government will be saved the burden of having to examine the issue any further when the people decide to leave the European Union on 23 June. In anticipation of that result, I beg to ask leave to withdraw the motion.

Motion, by leave, withdrawn.

Bill withdrawn.

Stephen Pound Portrait Stephen Pound
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On a point of order, Madam Deputy Speaker. Your distinguished predecessor, the right hon. Baroness Boothroyd, once ruled me out of order one a Friday morning, during a debate on offshore oil platforms, because I had listed the full names and Latin names of every single species of marine life to be found in the vicinity. She said at the time that the House will not accept tedious and needless repetition of irrelevant facts. Do you agree that listing the voter turnout in 28 European nations and the number of MEPs comes within the aegis of the Boothroyd ruling?

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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The hon. Gentleman makes an excellent point, as ever, and I am very glad that he has drawn the matter to the House’s attention. I am well aware of the ruling made by Baroness Boothroyd when she occupied this Chair. She was absolutely right—I would never disagree with her—and indeed I feel strongly about upholding her ruling. Were a Minister or Back Bencher to make a speech that included tedious or repetitive information, I would certainly call them to order. This afternoon the Minister read out a fascinating list of results of a very important election. Had I considered it to be tedious and repetitious, I would certainly have taken the action that the right hon. Baroness Boothroyd once took in respect of the hon. Gentleman. However, that was not the case today. Therefore, grateful as I am for his point of order, I will take no further action thereupon.