Parliamentary Voting System and Constituencies Bill
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Lord Strathclyde
I hope that the noble Lord will remind us that in 1997 there was only one system. By 2010, there were considerably more, and they had been brought in, on his watch, by the noble Lord’s Government, whom he avidly supported.
Lord Grocott
I have to admit in the privacy of this Chamber that I did my very best to stop them. However, you do not get all that you want in life, as the two parties in the coalition know well enough. It is an issue that must be addressed, and I tell the noble Lord, Lord Strathclyde, if he would like to report this back to senior management—
Lord Falconer of Thoroton
I think it is pretty clear that the Electoral Commission is very dissatisfied with the way that we have behaved in relation to this and have amended the Bill because it wants clarity as quickly as possible. It wants to ensure that Parliament can specify the date of the proposed referendum as soon as possible. Could the Minister indicate what the Government’s position in relation to that is?
My noble friend Lord Rooker puts forward a sensible solution. I would have thought that the solution is even simpler than what he said. There is nothing wrong with the Government saying that they intend to have the referendum on 5 May, but if they cannot, they will have it on a date when they can have it.
There is another significant point. The timing is presumably a pressure only if the referendum is on 5 May. I think it is very hard to understand that you would need clarity about the date if the referendum was to be later in the year. Therefore, I assume that this letter from the Electoral Commission applies only if the referendum is to be on or about 5 May. If it is to be in June, July, September or October, I do not see why you would need the date to be fixed now, but perhaps the Minister can tell me whether I am right or wrong on that.
I have a letter from Mr Mark Harper MP, Minister for Political and Constitutional Reform, 70 Whitehall, London SW1A 2AS. He writes:
“We will therefore seek to ensure that the Parliamentary Voting System and Constituencies Bill includes provision for that date”.
Perhaps the Minister can indicate what he has in mind to achieve that course of action. So, on the question of date, is it too fast? We are happy with the approach that has been adopted by this House. What is the Government’s position on that?
Secondly, we wanted it to be indicative, not compulsory, so that Parliament could subsequently debate, if there was a yes vote in relation to alternative votes, what the right method of alternative vote systems would be. Thirdly, we did not want it to be combined with other elections. Again, I would ask the Government to set out their position in relation to that. I assume that their position remains as set out in Clause 4. Those are the four significant points.
We have made it clear that we support in principle the idea of a referendum on AV, but I should like to hear the Government’s justification on the three points of principle. Should there be a referendum at all? Why choose this sort of AV? Why not go for other opportunities? I would also like to hear the Government’s position on whether this is too fast, whether it is indicative, not compulsory and whether it should not be combined.
The Chancellor of the Duchy of Lancaster (Lord Strathclyde)
I have already said it.
Lord Falconer of Thoroton
The noble Lord should say it again. It is up to the noble Lord whether he wants to answer these points. Something that has been particularly good about today is that the electorate has had the opportunity to hear for the first time some of the Government’s defence for this political change. Prior to that, the noble Lord the Leader of the House has indulged in fantastically attractive and amusing political points, which unfortunately the electorate will not find very attractive.
Lord Strathclyde
My Lords, it has been a useful and interesting debate. We have covered a lot of ground. A lot of different views have come from those opposite, including those who are wholly opposed to a referendum of any kind or to any change. The noble and learned Lord seemed to say slightly half-heartedly that he wishes to have a referendum. I cannot help feeling that secretly he rather wished that there would not be one. I am in favour of having a referendum.
Lord Falconer of Thoroton
If the noble Lord is prying into my personal views, will he tell the House his personal view on a referendum?
Lord Strathclyde
I am wholly in favour of us having a referendum because I am in favour of people having a choice and being able to deal with the issue. It is important that they should. I have no difficulty in supporting a referendum. I think that I have already told the House that I will not be supporting the yeses; I will be supporting the noes when we get to it.
Lord Falconer of Thoroton
Perhaps the noble Lord could express his view as to how disappointed he was that the Conservative manifesto did not contain a commitment to such a referendum.
Lord Strathclyde
My Lords, it is for the noble and learned Lord to apologise as to why it was in his own manifesto. What did Ed Miliband, leader of the Labour Party, say—not six months ago when he was writing the manifesto—today? He said:
“I believe that changing our electoral system so that every MP has the support of”—
I am not trying to rile the noble Lord, Lord Rooker—
“more than half their constituents is one way in which we can begin to restore trust in politics”.
The leader of the Labour Party said that. I am responsible for many things, but I am not responsible for the leader of the Labour Party—thank goodness.
The Welsh issue was an important and substantive point, which worried me when it was raised by the noble Lord, Lord Elystan-Morgan. It worried the noble and learned Lord, Lord Falconer of Thoroton. One thing I am trying to do during the course of these debates is relieve the noble and learned Lord of worry. I understand that Cabinet Office Ministers will write to the noble Lord shortly with a full explanation of the Government’s position. But I can furthermore advise the Committee—this is really interesting—that the Electoral Commission is statutorily responsible for advising on the intelligibility of the English and Welsh versions of the question. Not only did it consult the Welsh Language Board, but it has conducted focus groups with Welsh speaking voters on the Welsh question now in the Bill. In its public report, it advises that concerns on intelligibility, along the lines raised by the noble Lord, did not arise. The Electoral Commission will send explanatory leaflets in English and Welsh in Wales to all voters to explain the issues. I have no idea whether that is good enough for the noble Lord. He will be receiving further letters from the Cabinet Office on that important point.
This is a clause stand part debate, so what is the clause about? It provides for a referendum to be held on 5 May 2011 on whether to change the voting system for parliamentary elections. Following the amendment of the noble Lord, Lord Rooker, which the Government resisted, the clause also allows for the referendum date to be moved. The Government remain committed, because we believe it to be achievable, to holding this referendum on 5 May next year. That view was set out in Mark Harper’s letter to Jenny Watson today. I heard what the noble Lord, Lord Rooker, said in the debate and I thank him for what was a positive and constructive suggestion on the way forward.
The clause also sets out the question that will appear on the ballot papers in English and Welsh. The noble and learned Lord asked why we are bringing forward a referendum on the alternative vote system. We are doing it because it has been agreed between the Conservatives and the Liberal Democrats, as the coalition partners in government—I know that noble Lords do not like the idea, but that is what has happened—that it will form part of our coalition programme for government. The two parties in the coalition have differing views on the merits of the two voting systems, and those views will no doubt be played out in the campaign. The Government are clear that there should be a referendum on the issue and that it is for the electorate to make the choice between the systems. This is not a panic driven stitch-up, which is what I think either the noble Lord, Lord Grocott, or the noble Lord, Lord Campbell-Savours, called it.
The noble Lord, Lord Campbell-Savours, simply disagrees with any change to first past the post, so he is making a campaigning case—
Lord Strathclyde
I am sorry. The noble Lord is in favour of the system he dreamt up over dinner. It is the noble Lord, Lord Grocott, who is opposed to any change from first past the post, thus making his campaigning points now, but he is rehearsing. All power to his elbow, but in a few weeks’ time I hope that he will be tramping the streets of Britain to make his case. He does not need to make them here. We have heard them and I understand them.
The noble and learned Lord also asked whether we are still in favour of combining the date. We are because 84 per cent of the UK electorate will already have a reason to go to the polls on 5 May. That strikes me as being a good thing. It is a benefit for the electorate already to be going to the polls. Ensuring that electors do not have to make another visit is more convenient and will save money.
Baroness Adams of Craigielea
Can the Leader of the House help me on a point? At the moment, my household falls into two different constituencies. For the Scottish Parliament we are in Paisley North, and for the Westminster Parliament the votes of my household fall into Paisley South. If, as I will be entitled to do, I go to the polls for the Scottish Parliament elections, I will vote in the north-east corner of Paisley, but if my household is going to vote in the Westminster election, they must vote in the south-west corner of Paisley. Where will my referendum vote be held?
Lord Strathclyde
My Lords, that is a great question because I find myself in exactly the same position. I am also in two different constituencies, one for Westminster, which I do not vote in, and another for the Scottish Parliamentary elections, where I will vote. So this is of as much interest to me as to the noble Baroness. I shall be demanding an answer very soon and I will make sure she knows what it is. But that does not cut across anything else because this is a unique situation for the noble Baroness and I—perhaps near unique because there may be one or two others as well.
Baroness Adams of Craigielea
It is not a unique situation to the noble Lord and I. It affects all the people in these constituencies. They are in exactly the same situation. Do they have to vote for the Scottish Parliament candidate and then race diagonally across the town to vote in the referendum if it is to be based on the Westminster constituency?
Lord Strathclyde
My Lords, I am assuming that they will still vote in the same polling booth, although there may be different registers. However, I have said that I will get a substantive answer for the noble Baroness, and I shall do so.
It is not unusual for different voters to be asked to vote on different issues at different levels on the same day. There has been a great deal of talk about this from noble Lords opposite, but it is not unusual and there is no reason why people should not be able to make up their minds. The question has been fully tested and cleared, not by the Government but by the Electoral Commission, and should enable the electorate to understand the choice they are being asked to make and to express their views. That is why there is no alternative; that is why we are saying, “Make it clear and easy for people to decide between one system and the other”, which will be duly explained.
Why this kind of AV? In no particular order, we chose it for the following good and legitimate reasons: this is the system for which the House of Commons voted; it voted on all the others and this is the one on which it could unite; it is the system on which the two parties of the coalition could unite and agree on; it maintains the constituency link; and it tends to return Members with more than half of the electors voting for them, although not on every occasion. These strike me as good reasons for why the coalition chose AV above all other systems.
However, the fundamental part of this clause is the referendum. We are removing choice from parliamentarians and we are giving it to the people of this country. There is absolutely nothing wrong with that; it is an extremely good thing to do. We do it very occasionally, but it is right that we should do so.
Lord Foulkes of Cumnock
The Leader has given a number of reasons why this AV system was chosen and has argued the case very powerfully. Why then did Nicholas Clegg call it a miserable little compromise?
Lord Strathclyde
My noble friend Lord McNally said, “Ask Nicholas Clegg”. I have no idea why he said that; I suppose it is what he thought at the time.
Lord Foulkes of Cumnock
Earlier in the debate—I have sat through most of it, listening carefully—the Leader of the House said on behalf of the noble Lord, Lord McNally, that there is collective responsibility, so surely he can explain what the Deputy Prime Minister meant.
Lord Strathclyde
I have not asked him; I have not got a line on it; and it is not a question that will trouble me much at all.
I have laid out the reasons why I believe the clause should stand part of the Bill.
Lord Grocott
I am grateful to the Leader of the House, who has been very patient and good humoured. However, perhaps I might ask him one final serious question while he is dealing with the referendum. He thinks the referendum is absolutely right and is the proper thing to do when you are making a constitutional change of this kind. Given that we were told that all the constitutional change Bills were part of a coherent whole—I repeat, 1832—he must be able to confirm now that should there be a proposal to abolish the House of Lords in its present form he would clearly want to see that referred to a referendum.
Lord Strathclyde
That is a good question. The committee on which the noble Baroness the Leader of the Opposition sits is discussing these issues. No final view has been taken but, when it is, no doubt it will be transmitted to the noble Lord—if not directly by her then when a Statement is in due course made to Parliament at some stage in the new year.
Lord Falconer of Thoroton
The noble Lord shows a consistent admiration for the importance of the referendum and allowing the people to decide, but he is not allowing the people to decide on whether or not they would prefer the supplementary vote system—which is a form of alternative vote—to first past the post. He has not yet answered that question and the public would be grateful to hear why that system of alternative vote has not been adopted.
Lord Strathclyde
We made two decisions. First, we made a decision about AV, and I have given the reasons why we thought that the system should be AV. The second decision, not to give a further choice, was because we wanted to have a very clear indication from the people of this country on whether they want to make a change to AV, which we feel is the best of the alternative systems, or to retain first past the post.
Lord Falconer of Thoroton
I am sorry to press this, but the supplementary vote system is a form of AV that does not compel people—as the federal Australian AV system does—to vote for unsatisfactory candidates. What was the basis of decision to provide for the system described in Clause 9 rather than the supplementary vote system?
Lord Strathclyde
I have explained all the reasons, not the least of which is that the House of Commons united around this particular system, which I am very happy to support.
Lord Campbell-Savours
When these matters were being considered in the coalition talks, there must have been a point at which a decision was taken to proceed with AV. Were all three AV variants on the table? Were they all considered? Was there a discussion about each of the various systems? The proposal in the Bill derives from the coalition agreement, so there must have been, at some stage, some discussion about the detail. Did those discussions take place on the basis that I am referring to?
Lord Strathclyde
The discussions took place before we came into Government. They were part of the agreement on becoming the Government. I was not there and I was not part of the discussions. However, I cannot imagine that we decided on AV without having taken a view about the other systems and taken a decision that AV was the right one.
Lord Falconer of Thoroton
Let me put it more simply. In the Government’s view, why is the system in Clause 9 better than the supplementary vote system? If the noble Lord could explain that, the public would have some understanding of why we have the Clause 9 system. That is what I am getting at.
Lord Strathclyde
In a series of votes in the House of Commons, Members of the other place united behind this system and decided to put it forward to this House.
Lord Tyler
Can my noble friend tell the House whether the Government took cognisance of the fact that the previous Government, having obviously gone through a very similar thought process, decided on precisely this form of AV for the Constitutional Reform and Governance Act and then repeated the proposal in the general election?
Lord Campbell-Savours
As the noble Lord is aware, it was a Conservative Member of Parliament, Mr Christopher Chope, who moved what was in effect the supplementary vote amendment in the House of Commons. He had support from Members on his own Benches, but it is a pity that he did not drive them into the Division Lobbies.
Lord Strathclyde
My noble friend Lord Tyler makes a great point. Six months ago, that was the view of the Labour Party. That is the view that we have taken as well, for the reasons that I laid out. The system that we propose gives the widest possible choice to voters. That is why it is a good idea.
Lord Falconer of Thoroton
Should I understand from the warm embrace that the noble Lord, Lord Strathclyde, has given to the noble Lord, Lord Tyler, that the Government are proceeding with the system because we did so?
Lord Strathclyde
Not just today, but on the last time that we met—and, I expect, the time before that—I laid out the reasons why we chose AV. The noble and learned Lord may not like it, but that is what we said. There is very little left to say
Lord Falconer of Thoroton
The one thing, I am afraid, that the noble Lord, Lord Strathclyde, cannot get away with is that he has never laid out the reasons why the Government have favoured the alternative vote system proposed in Clause 9 over the supplementary vote system. The paucity of his arguments was demonstrated, if I may say so, by his saying, “We are doing it because the Commons voted for it”.
Lord Falconer of Thoroton
The Cabinet Secretary would not have had any vote on legislation, but he might have had an even more important influence, I respectfully suggest, on legislation than people voting here would. What is more, as we can see from the presence of the noble Lord, Lord Armstrong, he could reasonably have expected to come here to legislate at the end of it. There are lots of important people in the state and a lot of people with privileges, as the noble Lord, Lord Grocott, says. However, I respectfully suggest that the key point is that this is a democracy and the Government are chosen not from the Lords but from the Commons. The key question is: why are we excluded from being democratic participants in choosing the Government? The essence of democracy is that it is not just a process; it also represents values. The critical value that democracy represents is that we are all equal in the choice of the Government. Why are we not equal in that respect? I do not think, with respect, that either the answer that the noble Lord, Lord Hamilton, gives—“They will elect us next”—or the answer that the noble Lord, Lord Grocott, gives, which is, “Well, we are jolly privileged”, is an answer to that essential democratic argument. I would be interested to hear what the Leader of the House has to say.
Lord Falconer of Thoroton
I would be equally interested in what the Deputy Leader of the House has to say.
Lord McNally
My Lords, I have been stripped and ready for action for three days. As the Leader of the House has pointed out, he and I are joined at the hip on this Bill. However, in that spirit of co-operation, he said, “Tom, you take Clause 2 and I’ll take Clause 1”. That seemed fine at about 7 pm on the first day of this debate, when I thought that I would be coming on straight after the dinner hour. Three days later, I come on with three minutes to go.
This has been an excellent mini-debate and I suggest that those who are interested in it should read the speech given by the noble and learned Lord, Lord Falconer. No wonder he was facing the other way to deliver it; he was giving us both sides of the argument. It is very good that he should do so.
I fully respect the noble Lord, Lord Dubs. I know that he has campaigned on this and that he feels strongly about it. I hope, given what he has said, that perhaps we will get one of the opposition days to debate the issue, or perhaps a Question for Short Debate. The issue is worth debating and I look forward to him carrying on his campaign. The problem is, as he himself acknowledged and, indeed, as the noble and learned Lord, Lord Falconer, acknowledged, that this is not the place for it. It is a good political ploy to use a Bill to hang a campaign on and to get the issue raised and I fully respect the noble Lord for doing so. However, we are concerned specifically with who should vote in the referendum on the parliamentary voting system. Basing the franchise for the referendum on that for the Westminster general election seemed the most sensible thing to do. Yes, we have made a concession in that we have put alongside that noble Lords, who are entitled to vote in other elections. The Government thought that that was a fair and logical approach. I suspect that, if we had not included noble Lords, there would have been an amendment to include them.
Lord Rooker
Does the noble Lord genuinely mean that? I regret losing my vote, but I agree more with the noble Lords, Lord Grocott and Lord Hamilton, than with the Front Bench. Why make the concession? If you are going to keep the Bill narrow, clean and tidy, whereby it relates purely to the electoral system for the other place, we are entitled to scrutinise the Bill; so there is no argument about that. There is no justification for giving Members of this place a role in choosing the voting system for the other place. If you are logical about it and you want to keep the Bill clean and simple, why make that concession in the first place?
Lord McNally
It is because we judge that to be a fair and logical approach. As I said, whichever way we had done it, amendments would have been tabled. Perhaps the noble Lord wants to table an amendment for Report to take out Peers’ votes? See how that goes.
Lord Rooker
My name is not on the other amendment. This amendment is to remove part of Clause 2. I shall leave it now; it is time enough.
Lord McNally
There will be other times. Now is not the right place for this debate. I understand why the issue has been raised, but I hope that the noble Lord, Lord Dubs, will not press his amendment.
Baroness Hayter of Kentish Town
My Lords, I was wondering whether the noble Lord was going to respond to my question on why, having put one excluded group into the referendum, the Government did not include citizens of other European Union countries.
Lord McNally
It is because I was intending to reply to Amendment 36A, which is in a later group, and deals particularly with that point. When we all return—I hope including the noble Baroness—we can have that debate.
Lord Dubs
I shall respond only briefly. First, I have to say to the noble Lord, Lord Hamilton, that I have heard many arguments against what I have proposed, but I have never heard that one before. It characterises a feature of this House—the “thin end of the wedge” argument that whatever change one brings about, it will lead to other undesirable changes. Surely to goodness, it is possible for us individually to troop off to a polling station and cast a vote, without opening all sorts of other floodgates. I would simply be doing what in every election I encourage a lot of people to do, which is to go and vote. In my case, I of course urge them to vote Labour. I watch them go into the polling station knowing that I cannot do so, if it happens to be a general election. I say to the noble Lord, Lord Hamilton, he made a good effort at the thin end of the wedge, but I do not think that that is a good argument.
The noble Lord, Lord McNally, did not give any hint that he agreed with me. In his heart of hearts, of course he does. He is too sensible a person not to agree with me. In his heart of hearts—
Lord McNally
I encouraged the noble Lord keep on with his campaign. As they say where I come from, a nod is as good as a wink.
Lord Dubs
I am really grateful, because I was about to say, when the noble Lord said that an issue is worth debating, that that left it in the realms of Questions for Short Debate, or whatever. I take a lot of comfort from what he has just said. I beg leave to withdraw the amendment.
Amendment 34 withdrawn.