Recall of MPs Bill
Lord Colwyn Excerpts(9 years, 3 months ago)
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Lord Kennedy of Southwark (Lab)
My Lords, this amendment deletes from the Bill the wording on the petition that will be used when the recall provisions have been triggered. Along with Amendment 44, this amendment enables the wording to be agreed by regulation. The reason for these two amendments is to enable the wording of the petition to be properly tested before it is agreed. Our amendment also ensures that the Electoral Commission is involved in that process. It is the one organisation in the UK that I believe has the experience to test the proposed wording and it has a good track record in this respect.
Noble Lords might be aware that I was an Electoral Commissioner. I served in the group of commissioners appointed by political parties. I saw at first hand how the commission tested the question for the referendum in Wales on additional powers. It then tested the question for the referendum in Scotland. There were concerns that the original question proposed by the Scottish Government was unbalanced and led you in a particular direction. When we did our research and published our report, its recommendations were accepted fully by the Scottish Government and, after that point, the question itself was never an issue during the campaign.
Our Amendment 44 gives a role to the Welsh Language Commissioner. It is important that, in constituencies in Wales, Welsh speakers be given a translation of the question that both they and we are confident about. That shows proper respect for the Welsh language and Welsh speakers. Amendment 43 in the name of the noble Lord, Lord Wallace of Saltaire, just changes the order of the wording, and we are happy to support it.
In previous debates, the Minister has said that the testing of the question will be undertaken by a professional supplier and completed by the 2015 general election. If they do not plan to use the Electoral Commission for this, will he clearly tell the House why not and whom they are proposing to use? It has the experience and expertise for the job: why would they go elsewhere? If the Government choose to go elsewhere, will there be additional costs to the taxpayer? Why are the Government not following the procedure adopted to test the question in the Scottish referendum, which involved getting the question right, with the result that it never became an issue: people focused on the actual question itself, rather than on the wording of the question? I beg to move.
The Deputy Chairman of Committees (Lord Colwyn) (Con)
If Amendment 40 is agreed to, I will be unable to call Amendments 41 to 43 because of pre-emption.
Lord Hughes of Woodside
My Lords, I have been thinking very carefully about this idea of the wording in the Bill. As the wording is in the Bill, someone who gets the petition has the choice either to sign it or not to take part in the petition process. In other words, it is a one-way process. There is no opportunity for someone who is against the recall of the MP to say, “No”. Why can we not have a straight yes/no question? That is what democracy is about.
The issues surrounding the recall of an MP will generate much excitement—if that is the right word to use—about the behaviour of the MP, sticking strictly to the three triggers, whichever one is to be used. There will be a tremendous bandwagon: there will be no possibility of the MP defending himself or herself. How is that feeling to be translated? The MP who is faced with this petition may well be extremely popular. There is no possibility of that popularity being translated in any shape or form in the petition—and, as we come to in a further amendment, with the proportion of the electorate that is to take part. But it is all one-sided. I cannot see how this can in all senses be fair or sensible. I hope that the Minister will accept the amendment so at least there will be further discussion about how the process might go.
Recall of MPs Bill
Lord Colwyn Excerpts(9 years, 3 months ago)
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(a) the reference to an offence includes an offence committed before the MP became an MP and an offence committed before the day on which section 1 comes into force, but(b) the reference to an MP being convicted of an offence is only to an MP being convicted of an offence on or after the day on which section 1 comes into force.”
The Deputy Chairman of Committees (Lord Colwyn)
My Lords, following acceptance of Amendment 14, Amendment 15 has been changed. It is now proposed that it should read: page 2, line 23, leave out from the words last inserted to end of line 26 and insert the new words printed on the Marshalled List. I point out to the Committee that if this amendment is agreed, I will not be able to call Amendment 16.
Electoral Registration
Lord Colwyn Excerpts(9 years, 5 months ago)
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The Deputy Chairman of Committees (Lord Colwyn) (Con)
My Lords, there are nine minutes remaining in this debate.
Lord Wallace of Saltaire
My Lords, I was about to say that there are some fundamental differences between the way we approach and citizenship and the way that other countries, including France, do so. The attitude to those who are overseas is very different there. The assumption is that the French state wants them to remain French citizens closely allied to France. That means that consulates and embassies are staffed more generously where there are strong communities of citizens and French schools are subsidised. Those are not things which this country has done. This country has not had such a strong sense of the state and of the need for the state to hold on to its citizens overseas. It is a national duty, in a sense, for a French citizen to take part in democratic life. We have not thought that the local basis for political engagement was quite the same, so we are talking about some quite wide changes in our attitude to government. I wonder whether we would see ourselves having candidates campaigning in Dubai or Hong Kong to appeal to their overseas voters in the way that French presidential candidates now campaign in London because London is a significant base for French citizens abroad.
The noble Lord, Lord Tyler, talked about the need to consider special constituencies. That would be a large departure and again would require some philosophical thinking about the nature of British citizenship. At present, the Government have not begun to think about the possibility of overseas constituencies because the basis of our system is the single-member constituency, local voting and local registration. That is also part of the reason for the 15-year limit because after 15 years someone who lives overseas will have begun to lose a sense of identification with the place in which they last lived and the local representative for whom they would be voting. We are beginning to get into a quite large discussion about the nature of representation and citizenship within the United Kingdom if we go as far down the road as some are suggesting.
The noble Lord, Lord Norton, said that British citizens go abroad to work. I agree that is true for some. Some go abroad to retire. Some go abroad to avoid tax. The five largest countries for British citizens living abroad are Australia, Spain, the USA, Canada and France. They are quite different. In Spain and France, a quite substantial number have gone there to retire. In the USA and Canada, I suspect—particularly in Canada—a number of people have gone there thinking that they are leaving the UK behind and emigrating to live, as in New Zealand and Australia. In other places such as the UAE, where we have now 160,000 citizens, very clearly people have gone there to work.
If I were in opposition, I do not know whether I would want to exclude those who live in the Cayman Islands and Monaco from the right to vote in Britain because of the issue of whether or not they have gone abroad to avoid the citizen’s duty of paying tax. Noble Lords will be aware of the American attitude to citizens abroad and taxation, which is very different from our own, and, indeed, has attracted some publicity recently with regard to the Mayor of London.
The Government are actively engaged in this and we readily accept that the Electoral Commission’s expanded efforts are partly in response to what the group has done. Turning to the question of the responsible Minister, it is a Cabinet Office responsibility—Greg Clark, Sam Gyimah and, in the Lords, myself. I am very grateful for the suggestion made by the noble Lord, Lord Lexden, that I should shoulder the entire responsibility. I have to say, my wife rather hopes that I might retire over the next six months and then there may not be someone who has this bridging responsibility between the Foreign Office and the Cabinet Office.
I will say something about the Foreign Office involvement in all this. Unlike the French, we do not keep records of citizens living abroad, nor do we expect and require citizens to register. After the 30% cut that the Foreign Office took in its budget between 2010 and 2013, we are thinly staffed in a number of countries. We have reduced the number of consulates within the European Union, which is where nearly half our overseas citizens live. It would be a very major and expensive effort to ask embassies to expand into this new area. There are some limited efforts that can be made. Of course, one of the problems of having voting in embassies and consulates-general is that if you are upcountry, so to speak, it is much harder to vote than if you are in the capital. At present, it would require a very substantial shift and expansion of FCO resources to be able to provide the sorts of resources that are required.
The noble Viscount, Lord Astor, talked about electronic voting. The Government are not yet convinced that electronic voting is secure. The question about electronic registration—downloading the forms and then sending them back, as in New Zealand—is an interesting one, which I will take back and which the Government could certainly consider.
I hope that I have covered most of the questions that I was asked. I return to the noble Lord, Lord Kennedy, with whom, in the course of discussing a number of SIs over the past 18 months, I have had many exchanges. We are still extremely happy with the response to individual electoral registration and with the very high proportion who have registered online. We are not content with the number of people who have registered from abroad. We welcome the efforts the Electoral Commission is undertaking to raise awareness of this and we hope that the numbers will therefore increase. But I say again that this is not for government alone—it is also for private bodies, the media and political parties. I will make one small remark on this. I was recently in Andalucia and looked at the English-language newspaper there. It seemed to me that if one were to have a Spanish constituency of overseas voters, none of the conventional parties would necessarily win, if you understand me. Some citizens who live overseas are discontented with the state of Britain, the European Union and many other things as well.
Lord Wallace of Saltaire
I apologise for that and I thank the noble Viscount for reminding me. On the question of the Armed Forces, we are exercised with that. It has become easier, partly because the basing structure of our armed forces is changing. It is intended that most major units will stay within one place as their home: Catterick or Aldershot or wherever it may be. This will make future Armed Forces voting easier than it has been. I will take this back and if there is anything more that I can say to the noble Viscount to reassure him, I will write to him.
I will finish by saying that I very much welcome this report. I hope that the group who produced it will continue its efforts. We should all be concerned with maximising, first, registration and, secondly voting from all those entitled to do so. There are some much wider issues about the future of representation in Britain which we should also engage in before and after the election. I look forward to further debates on this broad issue.
The Deputy Chairman of Committees
My Lords, we have caught up some time. I will arrange the officers for the next debate and we will start straight away.
Sri Lanka
Lord Colwyn Excerpts(11 years, 3 months ago)
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Lord Naseby
No, I have been speaking for 10 minutes. I am taking injury time. I am taking my time from the annunciator.
The Deputy Chairman of Committees (Lord Colwyn)
The debate started at exactly 4.30 pm, so you are now in the 11th minute.
Lord Naseby
With great respect, Lord Deputy Chairman, if a time is up there, it is the time that I am speaking from. I cannot look down here.
Constitutional Change: Constitution Committee Report
Lord Colwyn Excerpts(12 years, 4 months ago)
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Baroness Jay of Paddington
My Lords, this has been an excellent debate and I am very grateful to all noble Lords who have spoken for their high-class critique of the Select Committee’s report and their general welcome for our conclusions. I must also thank the Minister who, in his reply, was neither dreary nor weary, to quote the noble Lord, Lord Hennessy—that was the noble Lord’s description of the Government’s written response—but equally not particularly encouraging. If I look at the two fundamental points that the Select Committee wanted to make in our report, that constitutional legislation was clearly qualitatively different from other legislation and that it should be accompanied by a Written Ministerial Statement, which was in no way to be equated with Explanatory Notes—I think we made that explicit— I would have to say that the Minister was disappointing, in very much the same way as most noble Lords described the written response.
I would not agree with the opening remarks of the noble Lord, Lord Renton, about some of our proposals being over the top. I would describe them more as being practical, very measured and—I think this was the comment made by the noble Lord, Lord Wills—magisterial. I also thank the noble Lord, Lord Wills, for his development of our comments about public consultation. I think he has suggested a further inquiry for the committee, which was very helpful. I was also particularly pleased that the noble Lord, Lord Maclennan of Rogart, with his very distinguished background and record in this area of constitutional change, was so enthusiastic about our proposals. He suggested that there must be ways found for the House to take these proposals forward, perhaps through other methods of the Procedure Committee, et cetera. I look forward to some further work being done and this report not sitting on a dusty shelf. In the mean time, I beg leave to withdraw the Motion.
The Deputy Chairman of Committees (Lord Colwyn)
In fact, we should move that the Motion be agreed.
Baroness Jay of Paddington
I apologise. It shows how rusty my procedure is.