Marriage (Same Sex Couples) Bill
Debate between Tom Harris and Chris Bryant
European Convention on Human Rights
Debate between Tom Harris and Chris Bryant(11 years, 11 months ago)
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Chris Bryant (Rhondda) (Lab)
I am grateful for the opportunity to speak in this debate, which I think we would all agree has been interesting. I note that several of the Members who have spoken are not in their seats, but I will none the less refer to their contributions.
The hon. Member for Canterbury (Mr Brazier) spoke about a great number of the wider immigration issues that he believed needed addressing. However, it is important to remember that that is not the subject at hand this evening.
My right hon. Friend the Member for Blackburn (Mr Straw) referred to a constituency case, involving Mr Mohammed, to which my hon. Friend the Member for Hyndburn (Graham Jones) also referred. I think everybody would agree—the Home Secretary tacitly referred to this, albeit without naming the case—that that case is one of the most heinous examples of where it has felt as though the judges were out of step with public opinion, and certainly the opinion in this House. I do not think that one has to be a supporter of The Daily Telegraph or the Daily Mail to hold that view; it seems to me a fairly commonsensical one. Indeed, my right hon. Friend and my hon. Friend detailed what were some pretty horrific incidents and the way in which fairly flimsy excuses were used to remain in this country.
The hon. Member for Keighley (Kris Hopkins)—he, too, is not in his place, so I hope that I do not misrepresent him—said, “I want to see all criminals deported as soon as possible.” That would return us to a rather 19th-century understanding of what should happen to criminals in this country. I think he meant that all foreign criminals should be deported as soon as possible, but—[Interruption.] I think that returning to what happened to the Tolpuddle martyrs would—
Chris Bryant
No; we, at least, are certainly not reviewing it.
However, the hon. Member for Keighley did say something with which I wholeheartedly agreed. He said that it was not racist to want to debate immigration. I have said this at the Dispatch Box before, and I will say it again: just because someone wants to talk about immigration does not make them a racist. There are certainly some people who want to talk about immigration because they are racists, but I believe that everybody has a perfect right to debate this issue, and we should be able to do so calmly and reasonably.
My hon. Friend the Member for Hayes and Harlington (John McDonnell) expressed a view about the motion before us which I think a lot of us had come to when he said, “I no longer know what this debate is about,” and when he referred to the unusual process that has been used. I will refer later to why I think this is not the process for us to go through. I think we have come to a much greater understanding of what the legal implications will be of the decision we take this evening, but he was right to highlight the fact that some of the water had been somewhat muddied by earlier contributions.
Voting by Prisoners
Debate between Tom Harris and Chris Bryant(13 years, 3 months ago)
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Mr Harris
No, Brussels.
Let me begin with as much of a mea culpa as a humble Back Bencher can offer for the previous Government. It has been said on a number of occasions that Labour should have dealt with this issue over the past six years, and I think that there is some merit and validity in that criticism. However, there may also be some merit in the political strategy of kicking something into the long grass for as long as possible, which seems to have been about the only strategy that the Labour Government had.
Mr Harris
Certainly it was the only strategy that was discussed. I therefore do not want to encourage my colleagues to criticise the Government for the position in which they now find themselves.
I was disappointed that the hon. Member for Carshalton and Wallington (Tom Brake) referred to Guantanamo Bay and Abu Ghraib in connection with prisoners’ rights. It does not promote calm and sensible debate to suggest that reinforcing a legal position that this country has enjoyed for hundreds of years puts us on the road to destroying all civil liberties for all prisoners. That is absolutely not what is at stake.
There are two separate issues. Let me deal first with the principle, which relates to public confidence. I cannot bring myself to try to tell my constituents that the legal and penal systems are on their side when we are bending over backwards to give an additional right to people who have of their own free will chosen to commit an imprisonable offence, and have thereby chosen to give up the right to vote. So often we hear our constituents complain that the legal system is on the side of the offender rather than the victim. Whether there is a lot of truth or a little truth in that does not matter as much as the fact that people will perceive in this debate a further chipping away of what they consider to be our standards in relation to supporting the victim and the law-abiding citizen and not supporting the criminal.
Parliamentary Voting System and Constituencies Bill
Debate between Tom Harris and Chris Bryant(13 years, 6 months ago)
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Chris Bryant
That makes sense. If we had had enough time to go through this process at a slightly more leisurely pace, it would have been possible to consult on and agree to all such things. If the proposals were generally accepted, there would be a rather better feeling about the Bill.
We toyed with tabling an amendment to seek to determine the colour of the ballot paper, but we decided against that bearing in mind what the Minister said last week about leaving some decisions to officers. I have received representations from people who say that it would be inappropriate to use on the ballot paper a colour that is normally used by a political party, because we would then get into the complexities of defining which is a major political party and which is not, and what colours relate to them, which is a problem not least because I am not sure whether the Liberal Democrats are yellow or orange these days. I note that the Minister is wearing a Liberal Democrat tie today—it is mostly yellow but with little bits of blue.
Amendment (d) to new schedule 2 is on official poll cards. In new schedule 2, the Government state:
“If the counting officer thinks fit, the official poll cards used for the referendum and for the relevant elections may be combined.”
The problem is this: how is the counting officer to determine whether he or she “thinks fit”? Why ought we to allow that degree of freedom locally when it might make a material difference to the conduct of the ballot or referendum? We propose that:
“The official poll cards used for the referendum and for the relevant elections must be combined for all electors qualified to vote in all the polls.”
We all get a lot of junk mail these days. The danger is that voters will be confused if they receive two or three—or potentially four, five or six—polling cards for the different elections that are happening at the same time. They will not see how one affects the other. It would be far more sensible, wherever there is a combined poll, for the official poll cards to make it absolutely clear how many votes must be cast, how many elections there are, whether the voter has a postal vote, how they go about registering for a postal vote and so on. Our proposal would mean that there is clarity on a single piece of paper for the ordinary voter rather than a series of polling cards. The Government should make clear the nature of the franchise for each election and poll. As a proposed amendment to new schedule 2, amendment (d) relates exclusively to England.
Mr Tom Harris
I seek to be helpful. Will my hon. Friend explain why it is so important that someone who receives a polling card is made aware of the extent of the franchise for that election? If they are aware that they can vote, does it matter if they are aware of the extent of the franchise in a particular referendum or election?
Chris Bryant
My hon. Friend is right. I did not mean to say that there should be a treatise on the polling card about the nature of the franchise, how it applies to peers and so on. I was making the point that the card should state clearly that the elector is entitled to vote in all the elections, one of them, two or whatever. It should make it clear that there is more than one ballot taking place at the same time.
Chris Bryant
As my hon. Friend says, the hon. Member for Rossendale and Darwen (Jake Berry) has obviously become the hon. Member for Damascus. There are quite a lot of them in the Liberal Democrat party as well, so I am sure he and his friends will feel very much at home.
We have also tabled some consequential amendments, such as amendment (h), and that brings us to amendment (i) to new schedule 2, which is entitled, “Combination of Polls: England”. The amendment relates to who is able to attend the count. I accept that I have not consulted widely with returning officers on this matter, because my experience is that different returning officers—[Interruption.] The hon. Member for Crewe and Nantwich (Mr Timpson) mouths at me, “What page?” Amendment (i) is on page 790 of the amendment paper, and it reads:
“Paragraph 40, at the end of sub-paragraph (3) insert ‘or
(c) the person is a Member of Parliament.’.”
The amendment would merely allow Members, as of right, to attend the count on the AV referendum. We have not been able to word the amendment, “the person is the Member of Parliament for that constituency”, because thus far we have not won the argument with the Minister about making the count happen at a Westminster parliamentary constituency level, but the amendment would allow Members to attend the count.
Mr Tom Harris
I rise only to remind the Committee and particularly the hon. Member for Damascus about our argument in the previous Parliament which proved there is little point in consulting returning officers on some matters. Even though it was the will of the House that the general election count take place on the night of polling, primary legislation was required to force returning officers to agree to count the ballot papers.
Chris Bryant
I am not quite so negative as my hon. Friend about returning officers, but the hon. Member for Epping Forest (Mrs Laing) had an excellent debate in Westminster Hall the other day—[Interruption.] She is not in her place at the moment, but I am sure she will be later.
Chris Bryant
No, they will not be counted by local authority ward. The procedure is different in England, Wales, Scotland and Northern Ireland of course—just to make it easier for everybody. We tabled an amendment saying that it should be done in the same way throughout the whole country. [Interruption.] The Minister says that his provisions would make the procedure easier, but I am not sure that they would. In Wales, the procedure will be based on Assembly constituency boundaries, which are the same as parliamentary boundaries. In England, it will be based on local authority boundaries. In Scotland, it will be based on Scottish parliamentary boundaries, which are not coterminous with Westminster parliamentary boundaries—
Chris Bryant
In Dudley, which is not a separate nation yet, the procedure will be based on local authority boundaries. I cannot remember the provision in relation to Northern Ireland, but I am sure that the Minister will enlighten us. [Interruption.] It will be based on the whole of Northern Ireland; that is right.
On the question of priority when counting votes, we believe, as I think the Minister does, that it is important to count first the ballots for elections in which somebody is standing for office, and the referendum afterwards. If the rules in the Government’s proposed changes are agreed to, however, that will not be entirely possible, because the ballots will first require a degree of verification, and we will have to empty all the ballot boxes in order to do so. None the less, we believe that in order to ensure that counting officers give priority to the counting of ballots cast in the respective elections to the Northern Ireland, Scottish and Welsh devolved Administrations, and to local council elections in each part of the United Kingdom, amendment (j) would need to be added to new schedule 2 in relation to England.
I am sure that you will be aware, Ms Primarolo, that we have tabled similar amendments to new schedules 3, 4 and 5 in relation to Wales, Scotland and Northern Ireland. I do not intend to refer to those now, because this is not the last time that the Government will present amendments on this subject, having decided to go through the ludicrous process of having statutory instruments that will not have been considered in advance of next week’s Report stage before they then table additional amendments. I think that that is inappropriate.
Let me refer to the report that was published today by the Welsh Affairs Committee, in which John Turner, the chief executive of the Association of Electoral Administrators, who, as the hon. Member for Damascus—the hon. Member for Rossendale and Darwen—will know, is head honcho among returning officers, said that
“drawing on the experience of Scotland in 2007, the AEA considered there was a high possibility for great confusion amongst voters…electoral events, if they are of a different nature, should not take place at the same time. As a matter of policy and principle, we subscribe to that. Therefore, we have concerns about the possible implications for voters in understanding, or being confused by, the different ballot papers they are presented with for different electoral events on the same day.”
We would contend, particularly because of the haste with which the Bill has been brought forward and the lack of pre-legislative scrutiny, that it will be even more difficult for returning officers to be able to do their job in the elections and to provide greater clarity for local voters.
Mr Harris
Has my hon. Friend received any information from the Government about the decision by the Scottish Parliament to move the local authority elections in Scotland back by one year specifically to avoid the confusion encountered in 2007? As the Government now want to have a referendum on the same day as the Scottish Parliament elections, does that mean that they believe that the Scottish Parliament was wrong to move the local elections back by one year?
Chris Bryant
I presume that they must, because that is why we are now going to have all three of these things on the same day in Northern Ireland, despite the experiences in Scotland, which were aggressively excoriated by the Liberal Democrats when they were on the Opposition Benches—although they seem to have forgotten all the speeches that they made then.