Parliamentary Voting System and Constituencies Bill

Wayne David Excerpts

Tuesday 2nd November 2010 Commons Chamber

[Chris Bryant]

Let me deal first with the process. The Minister referred to statutory instruments. All the amendments we are discussing, bar the one tabled by members of the Scottish National party, were tabled by the Government, and they cover some 28 pages of the amendment paper. They were not tabled because the House demanded amendments, or because the Government said in Committee that they would consider probing amendments and return with further amendments on Report. They have been introduced because the Government have gone through a process of putting various carts and horses in the wrong order. I fully recognise that I am not as versed in country ways as the Minister, who represents the Forest of Dean, but I recognise when parliamentary procedure is being put in the wrong order, and it would have made far more sense to have proceeded with pre-legislative scrutiny and proper consultation with the devolved Administrations in Wales, Scotland and Northern Ireland, and then to have proposed legislation in draft form. We should bear it in mind that not a single devolved Administration wants a combination of polls next May, but if the Government’s view is nevertheless that they wish to push forward with that, against the wishes of the three devolved Administrations, they can then introduce statutory instruments to make provision under the Scotland Act 1998, the two Wales Acts of 2000 and 2006 and the Northern Ireland provisions. They would do that first, and the proposals would then be considered in this House and the House of Lords and, if agreed to, the Government would introduce the final version of their Bill. Instead, because the Government are running at an inappropriately fast pace for this kind of legislation, there has been no consultation whatever with any of the devolved Administrations—with either the Assemblies or the Parliament or the Executives or Governments in each of those nations.

There has been no process of consultation on the Bill, but there has also been no process of consultation on the orders. The Scottish Parliament (Elections etc.) Order 2010 is some 205 pages long; it is not a minor tome. It includes measures on election expenses, disputed claims, corruption, entreating, the control of donations to candidates, the appointment of election agents, the requirement of secrecy, the breach of official duty, tampering with nomination papers, and personation and other voting offences. I am sure the Government will say that this entire matter is a reserved responsibility and that it is for the Westminster Government to decide, but it would have showed greater respect for the devolved Administrations if they had consulted them before the orders were laid.

[Mr Wayne David (Caerphilly) (Lab)]

On the consultation issue, I know from experience that regular meetings used to take place, and presumably still do, between the First Minister in Wales and the Secretary of State for Wales, and I guess that the situation in Scotland is the same. The meetings take place frequently—sometimes once a week, or even more—so there is no reason why there cannot be dialogue and consultation at a relatively early stage. Can my hon. Friend explain why even the most basic communication has not taken place?

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[Geraint Davies]

The hon. Gentleman is right and what he says is fair. Inevitably, the media will focus on the UK election and, to a certain extent, the AV referendum. In Wales or Scotland, there are points of difference between different parties on health and education and so on, but they will be overwhelmed by the background noise of the media, which will focus on health and education in England.

As the Conservative position on health develops, they might take out the strategic centre of the NHS in favour of a more atomised view. That is in complete contrast with the more traditional NHS model in Wales. However, the media will talk about the prospective changes to England’s NHS rather than what happens on the ground in Welsh hospitals. People’s understanding of how their hospital works could be quite different from what is actually happening, and they might vote on a false pretext. The power of the media talking about the UK will overwhelm knowledge of what is actually being delivered in local schools and hospitals, particularly among those who do not use such services.

[Mr David]

My hon. Friend referred to the excellent report by the Welsh Affairs Committee. Does he agree that the Committee summed things up very well? The report states that

“our concerns are not, first and foremost, about the principles at stake in each of these consultations with the nation. They are about the wisdom and fairness of cramming so much debate and decision into so short a space of time”.

That is the key message. We cannot have proper debates on electoral systems or elections if we cram them together on the same day. It is a question of democracy.

[Geraint Davies]

My hon. Friend is completely right—obviously, I am privileged to serve on that Committee.

There is a traditional comprehensive schooling system in Wales, but the situation in England has become different from that over the years, both under this Administration and the previous one. The choices faced by Welsh and English voters are therefore different, but again, they will be slightly confused.

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[Geraint Davies]

The difficulty that we all have, as elected Members, is inspiring people who understand the issues to come out and vote one way or another. If there is general confusion, it will not engender confidence in the whole system.

[Mr David]

Like my hon. Friend, I do not underestimate the ability of the electorate to understand the complexities before them, but does he agree that it may be difficult to explain to people why they are voting on AV—which is not proportional representation but a version of first past the post—at the same time as they are voting in the Assembly elections with two votes, one for first past the post and the other in a proportional system in which votes will be allocated using a top-up list and the d’Hondt system?

[Geraint Davies]

It will be very complicated to explain to people in Wales why, when they already have a proportional representation system that is fair, they should opt for the alternative vote, which is not fair. The people in favour of AV will argue—although I do not agree—“Well, AV is better than first past the post. It may not be as good as what you already have in Wales, but we still want you to vote for it. By the way, we also want to talk about parking in hospitals”. People might also want to talk about the fact that Sky Television does not allow the nationalists to speak—although as I am being sponsored by Sky, I will not mention that. That was a joke.

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[Chris Bryant]

I was actually trying not to suggest a threshold. The hon. Lady is right in one sense, of course. I hope that this might appease my hon. Friend the Member for Blackley and Broughton as regards some of what he said. There is a complexity about the referendum that we might have next May, because we might have very differential turnout in Wales, Scotland, Northern Ireland and England.

If, for instance, there were to be a very low turnout in England that returned a no vote and a very high turnout in the other places—there is a Scottish parliamentary election, in Northern Ireland there are two other sets of elections and in Wales there is the Assembly election at the same time, and in Wales and Scotland those feel in many senses like general elections—returned significant yes votes, people might start to question the validity of what we were doing. This is all the more important because the referendum is not just an advisory referendum—as referendums have always been in the past—but an implementing referendum. In other words, if there is a yes vote, it comes into law. It happens, and the next general election will be held on the basis of the alternative vote.

I am not convinced by the arguments that are being advanced in favour of thresholds. I personally will be voting yes in the referendum. I do not believe that there should be a referendum, but there is a legitimate argument that others might want to consider about whether the fact that we are combining the polls will produce a differential turnout in different parts of the country that might make a necessity of a threshold.

[Mr David]

rose—

[Chris Bryant]

I think that a Welsh colleague is desirous of my attention.

[Mr David]

As well as making a powerful comment—and judgment, really—on the proposal for a threshold, is my hon. Friend not harking back to what we talked about earlier, making a convincing case not to have the elections in Wales, Scotland and Northern Ireland on the same day or to have the AV vote on the same day?

[Chris Bryant]

Absolutely. As somebody who supports alternative vote, which I know my hon. Friend does not, and as somebody who will want to see a yes vote in the referendum, I find that one of the most depressing things—I think this is true of others in the Chamber who want to see change to the electoral system—is that the way in which the Government and, in particular, the Deputy Prime Minister have proceeded with this has made it more difficult for many to advocate that cause and to push for reform. Now, I shall give way to the hon. Member for Epping Forest (Mrs Laing)—

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[The Deputy Prime Minister]

Before apoplexy breaks out on the Opposition Benches, let me try to bring this to a close.

Where there has been a reasoned case for amendment, we have accepted the arguments and acted. The Bill is almost ready to go to the other place for further scrutiny, which will undoubtedly add to the debates that we have been having here. Before that, the Commons will have its final say tonight.

[Mr David]

rose—

[The Deputy Prime Minister]

I will not give way, because I want to conclude.

The elected Chamber will, I hope, agree these extremely important changes to the very elections that put us here. Fair constituencies and choice for people over their voting system will prove unambiguously that the House of Commons is dedicated to real and meaningful reform, including of the very system that put us here.