(13 years, 9 months ago)
Commons ChamberWe do not know what the turnout will be on 5 May. What we do know, in my constituency, is that we will murder the Liberal Democrats in the local elections, whatever the threshold. My hon. Friend’s point is relevant, because the issue is not whether one is for or against AV. The debate is not about that; it is about whether we seek to appease a small minority of the House of Commons by rigging our precious electoral system, which has served us well.
This is an extraordinary occasion in that the unelected House of Parliament is, with absolutely no sense of irony, telling the elected half of Parliament how to conduct a ballot. The simple principle is that in elections and referendums it is the people who turn up who decide the result, not the people who do not turn up.
In my brief remarks last night I recalled many election results in Bristol—I am sure you would have found this very interesting, Madam Deputy Speaker, had you been in the Chair—when the turnout had fallen below 40%. I have since looked up a few more statistics. For the European Parliament elections in 2009, only 34% of the British public turned out to vote. I say in all candour to Conservative coalition colleagues that I do not recall any of them saying at the time that that was not a valid election result. In fact, I recall them saying that the Conservative party had won that election.
Is the hon. Gentleman not at all concerned that, having listened to the arguments he deployed last night, the Lords majority was 62 rather one?
I thank the hon. Gentleman, who is my Political and Constitutional Reform Committee colleague, for that intervention, but I think he can predict my answer. What disturbs me about the response from their Lordships last night is that it ignores the will of the elected House. Our fellow Select Committee colleague, the hon. Member for Epping Forest (Mrs Laing), got that balance exactly right.
The Welsh Assembly election in 2003 had a turnout of only 38%. I ask my Labour friend, the hon. Member for Rhondda (Chris Bryant), who is an ally in arguing for a yes vote should we have the referendum in Wales, does he really think the Government of Rhodri Morgan who were elected in 2003 had no validity because only 38% of his constituents turned out? Does the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) think the Labour administration of Manchester city council, elected on a 27% turnout in 2008, has no legitimacy whatever? That same question could be asked of Sheffield with 36%, or Leeds—a Liberal Democrat-Conservative coalition—with 35.7%.
In general elections the turnout is normally 70% or more. Is it right that that 70% of people should have their voting system changed by fewer than 40%?
If we were at a different point in the electoral cycle, we could be having this referendum on the day of a general election. We may well have a referendum on future changes on the date of the next general election in May 2015. However, that is four and a half years away, so we are having the referendum rather sooner, and everyone who is conducting the arguments about this threshold knows that, other than in a general election, the turnout is likely to be lower than 40%. That is why I have quoted the statistics I have.
The hon. Gentleman has made a lot of interventions, and other Members wish to get in.
When an election is over—you will recall the first general election I fought was against you, Madam Deputy Speaker—and the result is in, the people have spoken. As democrats, none of us says the people have spoken but with a caveat; we sit down and accept the result. On this occasion, I say that the voters should have the final word in a referendum—the voters who turn up to vote—and on this matter their elected representatives should have the final word.
I am not going to beat about the bush. I am not in favour of the change. I am not going to pretend I am and put forward various reasons why the Lords amendment should be accepted. If I had any doubts at the beginning—I must confess that at times I did consider the possibility of a change in the electoral system—the way this Government have gone about their business has certainly persuaded me to support the no campaign.
An article in today’s Evening Standard by a former editor of The Spectator makes a valid point about how little interest there is in changing the electoral system; there is very little enthusiasm for that. As I asked yesterday, where is the pressure? Where are the letters and e-mails? Where are the people coming to our surgeries and saying, “This is the most crucial issue of all”? It is important to bear in mind the fact that there would have been no possibility of such a referendum if the Conservatives had a working majority; indeed, they would be arguing the opposite of what the Minister was saying.
I do not want to eat my words. On many occasions, when I was sitting on the Government Benches, I said that the view of the elected Chamber should prevail. I do not deny that I said it, and I cannot say that I have drastically changed my mind. Indeed, my hon. Friend the Member for Rhondda (Chris Bryant) has made the point that the Conservatives were only too willing to allow the unelected Chamber to overturn the decision of the Commons when there was a Labour Government.
I have no desire to eat my words, but on a major constitutional issue the Government should be willing to listen, even more so when we are talking about a voting system that has been in operation for a long time and there is so little evidence of a desire for change. As my right hon. Friend the Member for Manchester, Gorton (Sir Gerald Kaufman) said, the only reason why the measure is being introduced is the coalition. There is no other reason whatever. There is certainly no enthusiasm for it in the Conservative party, either on the Back or Front Benches.
When the Lords last voted on the proposal the majority was only one, but today it was 62—including 27 Conservative Back Benchers and, in many respects more important, Cross Benchers. They do not have a particular party view, but it is understandable that they should be concerned that if there is to be a vote on a change to the electoral system there should be credibility in the turnout. The provision is not binding. The point has been made on a number of occasions: if turnout is less than 40%, it does not mean that there will not be another referendum. The Government and Parliament can reconsider the position. What if turnout is less than 30%? Will we really work on the assumption that that gives sufficient credibility and is sufficient justification for changing the electoral system?
The Minister said that if there was a threshold, it would be an incentive for the no campaign. Surely it would be an incentive for the yes campaign. If the yes people are so keen on change, it is up to them to campaign as hard as possible to persuade the electorate of their case. The Government have put through most of the measures in the Bill. They should show some generosity and consideration for the strength of feeling. They should not be so obstinate. [Hon. Members: “Be nice.”] There would be no harm at all in the Government showing a less obstinate spirit and recognising the strength of feeling both in this place and next door.
If there was a free vote in the House of Commons, this measure would be overwhelmingly rejected.
The Government give as their reason for disagreeing:
“Because the outcome of the referendum should be determined by those who vote in it and should not depend on how many do not vote.”
I challenge that. I do not accept it. One of the reasons why I challenge the process is that we are under a guillotine. During the whole passage of the Bill we have been guillotined. Their lordships are part of Parliament and therefore used to be considered custodians of the constitution, so that we in our party passion might not force through something that altered the balance of the constitution. I oppose the motion for that reason.
The Bill is a major constitutional change. No one has argued otherwise. It will change the voting system. We have almost universal suffrage. Everyone is entitled to vote. If they choose not to exercise—
I shall not, if the hon. Gentleman will forgive me. We have so little time and others want to speak.
We have universal suffrage so if a proposition is put to us, I shall take the older course of action, which the hon. Member for Walsall North (Mr Winnick) hinted at. Those who seek change from a settled position have the right to advocate it in a referendum, but those who are not convinced about change are not negligible. They are part of the equation and their very reluctance to vote was normally taken, in an older tradition, as acquiescence in the existing arrangements—that is, they did not step forward and seek change by the exercise of their vote. That was a profound and reasonable position to adopt.
Those who want change have the opportunity in a referendum to vote for it. Those who do not vote have not indicated consent, so the level of consent can be very low indeed in the context of the universal suffrage of our country. Dismissively, the Government say that the outcome is not to be determined by those who do not vote.
(13 years, 9 months ago)
Commons ChamberLet me just answer the hon. Gentleman’s point first. Then, I shall try to take points from Members according to the order in which they rose.
Having read other contributions from Professor Johnston and his colleagues in their British Academy report on the matter, I note that they made it quite clear that local inquiries resulted in little change, and that those arguments raised at local inquiries which had not already been raised in writing did not have any bearing on the result.
We listened carefully to arguments for allowing people to have their say in person, however, and we particularly wanted a process that was more accessible to the public, not just to political parties and their lawyers. Those in the other place—Cross Benchers in particular—were content with our proposals.
I was also at the Select Committee hearing with Professor Johnston of Bristol university to which the hon. Member for Stoke-on-Trent Central (Tristram Hunt) referred. Professor Johnston actually said that public inquires were usually games for political parties, and that some parties were able to hire expensive barristers. The public were often frustrated by political parties and their barristers, but the hearings that the Bill proposes instead are likely to give the public more say than hitherto over the process.
I am grateful to my hon. Friend, whose argument holds a great deal of water, because that is broadly what the British Academy report said about local inquiries. That report was produced by a team of academics headed up by Professor Ron Johnston, so if that is what he said at the Political and Constitutional Reform Committee, it stacks up very well with what he said in writing.
Absolutely. Some specific geographical issues need to be borne in mind. I am sure that the hon. Gentleman will hate any reference to my constituency, but a former Member of Parliament for the Rhondda, Alec Jones, was once presented with a suggestion that the Cynon valley should be included in the Rhondda constituency, even though for much of the year it is almost impossible to get from one to the other. Alec Jones wisely said, “Bloody hell, somebody’s got hold of a flat map.” Those are precisely the sort of arrangements that we will end up with.
I will not, because the hon. Gentleman voted for the programme motion. There is a short time left and we ought to hear from the hon. Member for Isle of Wight (Mr Turner), who should be the only hon. Member for the Isle of Wight.
The argument that has been adduced in favour of the Isle of Wight should surely apply to Anglesey, too. There is no argument against that—except for the fact that it is represented by a Labour Member, and happens to be in Wales.
There is an additional problem with the Government amendments. Because they are trying to force two parliamentary seats on the Isle of Wight—I suspect that that does not reflect the view of the people of the Isle of Wight; they think that it should be separate from Hampshire, but they have not argued for two seats—it will be difficult to draw the boundary. We are more likely to end up with one constituency of 60,000 or 65,000 and one of 30,000 or 35,000 than an exact divide.
The Minister’s last few words were something of a giveaway. He suddenly introduced a threshold of his own: a special threshold for votes in the House of Lords, which must secure a bigger majority than one for the Government to take them seriously. That is an interesting innovation.
I will vote yes in the referendum in May, although I hear what is said by the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski), and I pay tribute to him. I recognise that the first occasion on which the House of Commons sat on its own was in his constituency, but that was only because it had been summoned to Shrewsbury first to see the hanging, drawing and quartering of the Welsh prince Dafydd ap Gruffudd—and that really was a shame.
I will support the alternative vote, which is why, in Committee, I strongly opposed what I considered to be wrecking amendments in respect of thresholds. However, I believe that this is an exceptional referendum for two reasons. First, unlike the vast majority of referendums that have been held in this country and many others, it will not just advise, but will implement legislation. That means that, if there is a yes vote, we will not have a second opportunity to consider all the elements of how the alternative vote will be implemented.
Secondly, as we have asserted from the outset, we do not believe that this referendum should be combined with elections in Scotland, Wales and Northern Ireland and with local elections, because that will produce very different turnouts in different parts of the United Kingdom. There might well be deep resentment in one part of the United Kingdom because another part, on a very different turnout, had ended up with a different result.
I am happy to give way to the hon. Gentleman, although there is very little time and he voted for the programme motion.
No threshold was involved in the referendum to create the National Assembly for Wales in the summer of 1997. The area represented by the hon. Gentleman, Rhondda Cynon Taf, voted yes in that referendum. Is the hon. Gentleman suggesting that the votes of his own constituents should have been invalidated because the turnout was not above 40%?
No, I am not saying that at all, but that referendum was not an implementing referendum; nor was it held at the same time as other elections. That is a completely different matter therefore, and I think we behaved entirely properly in introducing our legislation for Wales. Incidentally, in the 3 March referendum I shall also be voting in favour.
As the hon. Gentleman knows, I am very grateful to be called distinguished about anything, but I do not think he would carry the House on that point. I am not a fan of referendums generally at all, because I think the whole point of parliamentary democracy is that Members are elected to take decisions, provide leadership and represent the people in our constituencies. I think that is the best way of advancing policy. However, where there are referendums, I think it is better if they are advisory ones rather than implementing ones. That is the point I would make about the whole referendum issue before us.
I think this is a special referendum and I therefore think it needs a special threshold. That is precisely what Lord Rooker’s amendment provides for, which is why we will be supporting it tonight.
I will be as brief as possible, as I know that many Members want to speak.
My basic point is that we have many elections in this country where we do not require a threshold in order to give legitimacy to the result. We know that this referendum is very likely to be taking place on the same day as elections to the Scottish Parliament, the Welsh Assembly and local government, and because of the historical pattern of those elections we also know there is likely to be a low turnout in them. In 2009, only two of the 23 wards that elected councillors in the city of Bristol had a turnout of more than 50% and only six had a turnout of more than 40%, and 15 had turnout percentages in the 30s or 20s, yet we do not say that the councillors elected to represent Bristol were not legitimate. We know that turnout usually dips in the year after a general election, and the turnouts in 1998 were even lower. In May 1998, I was last elected as a member of Bristol city council, in Cabot ward, on a turnout of 18%, although I received more than 53% of the vote. Nobody said that I was not fairly elected to represent the electors of that ward.
I am about to stop to allow others to get in. Bristol’s turnout is traditionally higher than that of most of the other great urban areas of this country, yet we do not say that the people elected to run our great cities in England are not fairly elected and cannot make those decisions. We do not have thresholds for those elections, so we should not have a threshold in this circumstance either.
Like my hon. Friend the Member for Rhondda (Chris Bryant), I am a supporter of the alternative vote system, as I have made clear, not least in a tract that few people read, to which I contributed with my right hon. Friend the Member for Neath (Mr Hain) in 1986. I also spelt it out in this House on 9 February 2010 in a very big debate on AV. On the issue of consistency, the hon. Member for Forest of Dean (Mr Harper) may recall that he voted against the whole idea of having a referendum on AV then, so there is always a place in heaven for sinners to repent. On the threshold, I say to him that the excuse of technical defects in an amendment is the last refuge of a Minister who has nothing to say. If the only problems with Lord Rooker’s amendment are technical defects, he should ask the parliamentary counsel to draft amendments and they will go through like a dose of salts.
On the principle, the Minister was arguing against an all-or-nothing threshold, saying that if we did not reach the threshold—this is a very different one from that for the Scottish Assembly in 1979—the whole referendum result would be nugatory. That is not the case here, because this is a skilfully put together threshold. As my hon. Friend the Member for Rhondda says, it does not render nugatory a result on a 39% or 35% turnout; it brings the matter back to this House. However, were the turnout derisory, we would of course need to think again. For those reasons, I strongly urge hon. Members from all parts of the House, regardless of their view on the merits or otherwise of AV, to vote for this Lords amendment.
(13 years, 10 months ago)
Commons ChamberThe Minister is a thoroughly reasonable individual and I am sure he will not hold that statement against the rest of Her Majesty’s loyal Opposition when he considers accepting our amendments.
As has been outlined previously—it would be inappropriate for me to go into great detail—we do not support the principle of a five-year term, for one practical reason that has not been touched on before, which is that it would take us into a clash with the Scottish Parliament, the Welsh Assembly and the Northern Ireland elections that are scheduled for 2015.
As this is the first opportunity that the Minister has had to address the House on the matter since our Committee stage last year, I hope that he will be able to provide us with an update on the Government’s plans for providing flexibility to the devolved Administrations to vary the dates of their elections. That is an extremely personal matter, as I shall explain. Perhaps he can tell the House what progress has been made in his consultation with the devolved Administrations on how any such alteration of the date of their elections would be achieved.
That is directly relevant to the issue under discussion because of the different number of days of Prorogation. As my hon. Friend the Member for Rhondda outlined, we have 25 days for the Scottish Parliament, the Northern Ireland Assembly, the National Assembly for Wales and local elections, and just 17 days for this place. Let me give a simple local example to show why new clause 4 and others are so important to the date.
The differing number of days will cause great confusion for parties and for the electorate in the 2015 election cycle. Part of my constituency is the Dunfermline East Scottish Parliament seat. We have an MSP called Helen Eadie. Under the current rules—we still do not have firm proposals from the Government to alter the date—some two and a half weeks from polling day it would be legitimate for the Labour party, for example, to send out leaflets saying, “Vote Helen Eadie for your Member of the Scottish Parliament and vote Thomas Docherty for Member of Parliament.” That is an unsatisfactory situation, and it is the reason why my hon. Friend and I are hoping to persuade the Minister tonight that he should change the length of Prorogation to 25 days to give us consistency across the whole of the United Kingdom.
There is also the question of how campaign finance will work. Members are painfully aware of the importance of ensuring that money is correctly apportioned to the long campaign, as it is commonly known, as opposed to the short campaign. Joint elections could give rise to difficult legal and technical disputes, as we saw in the case of the Under-Secretary of State for Scotland, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell), if sums of money are inadvertently misallocated. We therefore hope that the Government will accept our reasonable amendment.
Does the hon. Gentleman accept that such anomalies already exist and have existed for a long time? In England it is common for local government elections to be held on the same day as a parliamentary election. In Bristol those local government elections follow an entirely different timetable from the parliamentary election.
The hon. Gentleman makes a perfectly sensible point, although I always caution hon. Members not to equate local elections in England with elections to the devolved Administrations. There is a substantive difference in the amount of spend that is allowed, and the Scottish, Welsh and Northern Ireland devolved elections use the same formulas for election spend. Perhaps it was an oversight of previous Governments not to address the valid point that the hon. Gentleman makes. As my right hon. Friend the Member for Doncaster North (Edward Miliband) has said, we are prepared to admit that we did not achieve all the legislation that we would like to have achieved, although if we were to ask the electorate what was the most important thing that we could have achieved, fixing that would not necessarily have been the top priority.
Reference has been made to the issue of Prime Ministers handing over power to their party or other parties. I think that the hon. Member for Grantham and Stamford misunderstood the difference between the House being adjourned and the House being prorogued. As you know, Mr Deputy Speaker, if the House is adjourned, existing legislation is not lost. If it prorogues, however, all legislation except public Bills falls and the legislative process must start again. That is why it is important that when the Parliamentary Resources Unit produces its next brief for Conservative Members it should spend some time getting those details correct.
(14 years ago)
Commons ChamberI have to presume, as does the House, that the Government will go through with all the various provisions that they have laid down in the Bill, and in clause 2 there are two provisions for an early general election: the first determines what happens if there is a motion of no confidence, although it does not say what such a motion is; and the second relates to a motion for an early general election, although it does not say whether such a motion would name the precise date of that election. The Government presume that we will need a two-thirds majority in the House to achieve an early poll, so on the Government’s argument—and, if the hon. Gentleman is going to support the Bill as it is, on his argument therefore—the presupposition is that there will not be many early general elections. Indeed, the Bill, by trying to make it almost impossible to have an early general election, is much tougher than the vast majority of other constitutions that I have looked at throughout the world. That is another reason why four years is better than five. In fact, the hon. Gentleman has helped me to make part of my argument.
In relation to the intervention by the hon. Member for Elmet and Rothwell (Alec Shelbrooke), I believe that in practice the Bill will lengthen the Parliaments of this country. Since 1832 there have been 45 general elections: the average peacetime length has been three years and eight months, as the hon. Member for Carmarthen East and Dinefwr said; even including the lengthy wartime Parliaments of the first and second world wars, the average has been only four years; and, during the period when the maximum allowable duration under the Septennial Act was seven years, from 1832 to 1911, the average was three years and 10 months. In practice, by fixing elections as “every five years”, we will lengthen Parliaments and ensure less frequent general elections.
While we are discussing historical events, will the hon. Gentleman concede that some of those shortened Parliaments occurred because of the practice, which no longer exists, that when a monarch died, Parliament was dissolved?
(14 years, 1 month ago)
Commons ChamberI have it on good authority that I should be very pessimistic about the Liberal Democrats joining us in the Aye Lobby tonight, but they would be very welcome to do so.
I think that the hon. Lady was one of the sponsors of my Bill in the previous Parliament to reduce the voting age to 16, which was defeated by just eight votes. I suspect that there is now a majority in the House to achieve that historic change, but we cannot do that in this Bill. A much wider debate is needed to tease out all the issues. Does she agree that another private Member’s Bill is the way forward?
Oh no! I am a great fan of private Members’ Bills, and I do not want to do them down, but this Bill, rather than just a private Member’s Bill, is a really good opportunity to change the law.
(14 years, 2 months ago)
Commons ChamberThe Deputy Prime Minister, when he opened this debate, presented this Bill as something designed to increase people’s respect for the political system that we work under. The people might respect us more if we admitted the real reasons for what we are doing. Of course party advantage is implicit in what we are talking about—with an electoral system, it would be surprising if it were not—and I am sure that the proposal has come about, in part, as a result of the political grievances of each component of the coalition Government. On the part of the Conservative party, the grievance is that it takes a 10-point lead over Labour to get a majority in the House. That seems a perfectly legitimate grievance. The Liberal Democrat party has a grievance that, as the long-term third party in this country, it does not get a share of power very often. Now is an exception.
So, there are understandable grievances, and there is nothing wrong in our political system with parties doing things that are to their advantage and in their own interest, but we must do such things with open eyes, and in a way that subordinates party interest to public interest, and that is where I have a problem with the Bill, because we must recognise that we are proposing to change a system that has worked extremely well for well over a century. Arguably, it has worked better in this country for our democracy than in any other country and for any other democracy in the world. We have avoided extremism and, in general, had good outcomes throughout that time.
We are going to replace that with the alternative vote. The Deputy Prime Minister quite rightly said that it was very difficult to predict the exact outcome of an alternative vote. We do not have to do our own calculations, however. The Blair Government asked Lord Jenkins to chair a commission on proportional representation, and one thing that he considered was the alternative vote. Interestingly, Lord Jenkins rejected it, and one of his grounds was that it was too anti-Conservative— Lord Jenkins, let alone anybody else, said that. More importantly, he rejected it also on the ground that it was not just not more proportional than first past the post; in many cases it was actually less proportional—more disproportional—than our current system.
In that report, the most telling thing of all was a minority report by Lord Alexander, one of the great legal brains of his day, who took a case study of an alternative vote in a constituency with the Tories on about 40% of the vote and Labour and the Lib Dems neck and neck on 30%, plus or minus one percentage point. He showed very clearly and simply that what decided who won was who came third. The result had nothing to do with the primary preferences of constituents; it was the accident of who came third. That is the system that we are talking about putting in place.
If the hon. Gentleman will forgive me, I will not. I have only six minutes, unfortunately.
This House has many characters with very interesting differences, and the other thing about AV is that it acts to create a coalition of antagonists, picking the least unpopular rather than the most effective Member. I think of AV as an anti-Carswell system. It is a pity that my hon. Friend the Member for Clacton (Mr Carswell) is not in the Chamber in order for me to tell him that. AV disadvantages bold and unconventional Members, those the House should treasure, and that is an important side effect.
We are measuring that system against a first-past-the-post system that has been very effective throughout history. It has been decisive, radically and ruthlessly so when it needed to be. When it brought in the Attlee Government after the second world war and the Thatcher Government in 1979, it recognised times of crisis and responded to them. At other times of crisis, when it decided that none of the major parties had all the answers, it created a coalition, and that is what it has done this time. That is what it did in the 1930s and the 1970s. That system actually works well and it has done so without creating the gap between the electorate and the ruling elite that we have seen in countries with proportional systems. The system has delivered outcomes that are in the tenor of the times and that have given an answer to the problems of the times.
We should be very careful about replacing that system. As has been said, this is a major constitutional change, greater than many that we have considered down the decades. It should be a choice for the people—I agree with that—and it should be an informed and deliberate choice. The hon. Member for Nottingham North (Mr Allen), the Chairman of the Select Committee, is no longer in the Chamber. He complained because insufficient thought and analysis went into the assessment before it was presented to the people. Let us compare these proposals with the Scottish referendum, which followed a constitutional conference, a White Paper and manifesto commitments.
What we need to make sure is that we inform the people and give them enough notice and enough knowledge to make the decision properly, and to have it resolved clearly. What I fear is that instead we shall have circumstances where perhaps only 30% of the population will turn out, so only 15% or 16% will vote for the system, and on that basis, we shall have the biggest change in our constitutional history for half a century.