Parliamentary Voting System and Constituencies Bill

Eleanor Laing Excerpts
Tuesday 12th October 2010

(13 years, 7 months ago)

Commons Chamber
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Sadiq Khan Portrait Sadiq Khan
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What are the reasons for the coalition Government combining the referendum with the other elections taking place next May? One reason, as described by the hon. Member for North Swindon (Justin Tomlinson) in an intervention on the excellent speech by the hon. Member for Harwich and North Essex, is that voters would be too fatigued to go to the polls twice in a year. That reason is a pretty feeble justification for choosing May 2011. If the coalition Government and the Deputy Prime Minister believe, as I do, that electoral reform is a fundamental constitutional issue and that the public genuinely want the opportunity to vote for change, we should all have the confidence to believe that voters would be willing to cast a vote in more than one ballot in a year.

Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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Does the right hon. Gentleman agree that the House ought to pay attention to the Gould report? That report was compiled at the behest of the previous Government, after the mess of the 2007 elections in Scotland, when there were various elections on the same day. Gould concluded that one

“problem with combining these elections has to do with the confusion it creates among the electorate,”

adding that

“it is clear that some voters were confused by the combined elections”.

The Deputy Prime Minister says that that is patronising, but surely no one could suggest that only the voters of Scotland will be confused. If voters are confused, voters are confused.

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Sadiq Khan Portrait Sadiq Khan
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Another explanation for combining the referendum with the elections on 5 May is that it would save costs, and that justification is persuasive. However, there is a problem with that argument as well. The great reformer, the Deputy Prime Minister, would sound a little more convincing on that issue if he had demonstrated some consistency in the past. Last year, when there was a clamour from electoral reformists for a referendum on AV to be held on the same day as the general election, he was passionately opposed to it. The same money that the coalition Government are keen to save next May could have been saved this May, had the referendum been held on the same day as the general election, which would have meant a potential turnout of not 84% but 100%.

Eleanor Laing Portrait Mrs Laing
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I thank the right hon. Gentleman for giving way again. Does he agree that if the cost to the taxpayer—the public purse—at this very difficult economic time were really uppermost in the mind of the Deputy Prime Minister, we would not be having a referendum at all?

Sadiq Khan Portrait Sadiq Khan
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The hon. Lady makes a good point with which many colleagues agree, but I shall move on.

In my view, the Deputy Prime Minister had good reasons for opposing the combination. He worried that holding a referendum on electoral reform on the same day as the general election would cloud the debate and affect the outcome, making a yes vote less likely; he was right. He instead supported our proposals for a referendum after the election, but within approximately 18 months of the legislation gaining Royal Assent, which meant that the most likely date would have been October 2011. That course of action would not have delivered the savings that that combination with a general election would have provided, but, given the importance of the decision in question, it was a fairer and more constitutional way of proceeding. That was his view back then, but we know that it has changed.

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Thomas Docherty Portrait Thomas Docherty
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I am grateful to my hon. Friend for making that point more eloquently than I could have done. I suspect that that is why he is an important member of our Front-Bench team and I am a mere Back Bencher, languishing and fighting my corner for aircraft carriers and others.

Let me now make a small amount of progress. I do not intend to rehearse, or rehash, the arguments presented so ably by my right hon. Friend the Member for Tooting (Sadiq Khan), the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) or, indeed, Members on the other side of the Committee. They have already highlighted more than adequately the problems that occurred in 2007, particularly in Scotland, where 147,000 ballot papers were spoilt. I would, however, like to draw the Committee’s attention to some of the representations made by a number of individuals and organisations to the Scottish Affairs Committee—led by my hon. Friend the Member for Glasgow South West (Mr Davidson)—which, unlike the Deputy Prime Minister, actually bothered to ask for input on the date of the referendum from the people of Scotland.

Let us consider first the response of the Scottish Government, an august body to which we should all accord some respect. Scottish Ministers wrote:

“The Scottish Government believes that the lack of consultation, and the substantive decision to hold UK wide contests on the same day as devolved elections, shows a lack of respect for the devolved administrations. We also believe that it undermines the integrity of elections to the Scottish Parliament and risks voter confusion. Elections to the Scottish Parliament are important to the people of Scotland and we believe they have the right to make their electoral choices without the distraction of a parallel UK contest. Holding separate contests on one day would also create operational and practical risks for those charged with administering the elections.”

As Members have already pointed out, it is not just the SNP Scottish Government who want the date changed. My current Liberal Democrat MSP—I suspect that he may not still be my MSP after May—wrote on behalf of his party that he was

“very much against the inclusion of a referendum on the same day as the Scottish elections!”.

He put an exclamation mark at the end, which I consider particularly important.

Just in case the Deputy Prime Minister believes that the opinions of other politicians should not be given the same weight as his weighty opinion, the Minister may wish to reflect on the comments of the interim chief returning officer for Scotland, Mr Tom Aitchison, who has said:

“Combining the polls will require additional staffing at polling stations and additional ballot boxes. This appears to be a straightforward matter, but there is much scope for confusion and misallocation of ballot papers. Simply sourcing and procuring sufficient ballot boxes is also a matter that is concerning the electoral community.”

Mr Aitchison went on to say:

“with three ballot boxes from each polling station (two for the Parliamentary election and one for the referendum) there is likely to be a situation in which each box must be sifted and possibly verified before any of the three counts can commence. This will require an investment in time, space and staffing adding to the cost”—

which, apparently, so concerns those on the Front Bench—

“complexity and duration of the count. Stakeholders, including politicians and voters, need to understand that the process may take longer than they might anticipate and may certainly be more expensive. Many Returning Officers may find it necessary to hire larger venues for the count and indeed to hire them for an extended period to accommodate these additional processes.”

So much for the Deputy Prime Minister’s argument about cost.

Some Members on the other side of the Committee have suggested that the Scottish parliamentary elections could be shifted by as little as a month, but there are two serious flaws in that suggestion. First, as Members on both sides of the Committee will recall, in 1999 the European elections took place just one month after the Scottish elections. Turnout for the European elections in Scotland was a mere 26%. That, surely, is something that no one would wish to repeat. Secondly, if saving money is genuinely the argument that the Deputy Prime Minister wishes to deploy, this suggestion of shifting the election and all the associated costs fatally undermines his own logic.

Eleanor Laing Portrait Mrs Laing
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Is the hon. Gentleman aware that many of us in this House actually have some respect for the Scottish Parliament—I did not always, Mr Hood—and, indeed, for the Welsh Assembly? That Parliament has a fixed date for an election, and the idea that it should move that in order to accommodate an ad hoc, once in a lifetime—once in a century, we hope—referendum is utterly preposterous. Those of us who have respect for the Scottish Parliament and the Scottish people therefore have every sympathy with what the hon. Gentleman is saying.

Thomas Docherty Portrait Thomas Docherty
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I am grateful to the hon. Lady for her kind words about the Scottish Parliament and the Welsh Assembly—[Interruption]—and the Northern Ireland Assembly as well; I was coming to that. Like many good things, the Parliament can take time to grow on people, but I think she will find that the Scottish Government and Parliament is an institution well worth protecting, as are those of Wales and Northern Ireland.

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Thomas Docherty Portrait Thomas Docherty
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The hon. Gentleman makes a valid point. Given the current Liberal Democrat poll ratings, however, I look forward to them receiving a round thumping in May, both in my area and across Scotland. The Deputy Prime Minister is so out of touch with Scotland that he is not aware of just how unpopular he has become in the past five months. The hon. Gentleman’s point about the Deputy Prime Minister’s logic does stand, however.

There are a number of specific reasons why we have chosen 8 September 2011. First, that would allow us sufficient time to overcome the voter fatigue that I touched upon. It would also provide for several months of campaigning by those of all parties in a non-party political manner. Those colleagues who wish to campaign for a yes vote can come together without party badges and work for that, and those colleagues who wish to campaign for a no vote can also come together without the baggage of our party affiliations.

We also appreciate that there are other elections scheduled for spring 2012, spring 2013 and spring 2014, and we believe that it is important to be consistent and logical in our approach, which rules out those slots. We have therefore sought to find a date that provides sufficient breathing space between all those elections. We are also mindful of the advantages of good weather in ensuring strong voter turnout, and the clocks have not yet changed in September—although I accept that a private Member’s Bill that might deal with that is coming up in December. That issue needs to be balanced against the argument about clashing with school holidays; we have had many discussions about that in the Chamber. As the hon. Member for Harwich and North Essex (Mr Jenkin) mentioned, having the referendum in September of next year would also provide ample opportunity for the six-month period of grace for the Electoral Commission to carry out its due diligence. Finally on the argument for September, as has been mentioned, in 1997 we held two referendums in September in Scotland and Wales, very successfully with excellent turnout and a seamless process. That followed, in particular, a constitutional convention in Scotland, in which I know you played an active role, Mr Hood.

The Deputy Prime Minister claims that the idea of fair votes is what motivates the referendum, but it now appears that, shamefully, the Liberal Democrats in government will act unfairly in order to try to achieve their ends. It is not too late for the Deputy Prime Minister and the Government to do the right thing: to listen to the united voice of Labour, nationalist and Unionist politicians across the United Kingdom and accept the rational and fair date for the referendum.

Eleanor Laing Portrait Mrs Laing
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It is a pleasure to follow the hon. Member for Dunfermline and West Fife (Thomas Docherty); he made some excellent points, and I hope the Committee will pay attention to them.

I accept that we must have a referendum. I voted for this Bill on Second Reading, and I will vote for it again on Third Reading and subsequently. A referendum is the price we pay for the coalition, and the coalition is the price we pay for economic stability, which is what the country needs most at the moment. However, it is not for this House to submit to the dictatorship of the coalition agreement and to accept every word therein as being inscribed on tablets of stone. It is for this House to exercise its duty to seek to improve the legislation before it.

I shall speak mainly in support of amendment 4, to which I have put my name, but other amendments in the group are similar in principle, so I also accept the arguments for them. I am not, however, saying I could possibly bring myself to vote with the right hon. Member for Tooting (Sadiq Khan). I congratulate him on his appointment to his new position on the Front Bench, and I look forward to our having many arguments in future. Tonight, we have been very much in agreement, but I know that he will understand that I could not bring myself to vote for his proposals. However, I have listened to his arguments and, as with those of the hon. Member for Dunfermline and West Fife, the Committee ought to take heed of them, because this is all about principle, not party advantage.

There are arguments that if we have a referendum on the same day as other elections turnout will be higher and people will be more likely to vote for AV. There are other arguments that people will be more likely to vote against AV. There are arguments about why AV might be good, too—although there are not many arguments that AV would be good for anyone apart from the Liberal Democrats. There are, however, also arguments about why any particular party might be at an advantage or a disadvantage in respect of AV as a whole, but none of us can predict that. We can look at the statistics and, as my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) so eloquently explained a short while ago, we can look at the party advantage, but this is not about party advantage: it is a simple matter of principle.

A democratic procedure that changes our country’s constitution must be fair and be seen to be fair. If the result of a referendum on changing our voting system does not command the respect it should, every subsequent general election, based on whichever system is chosen under that referendum, will be open to question and challenge. There is no doubt that holding more than one election on the same day undermines confidence in the referendum, so the issue is simple: if this referendum is held on any day but 5 May 2011—or any day when another significant election is taking place—it will command more respect than if it is held on that day with other elections.

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Sadiq Khan Portrait Sadiq Khan
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Does the hon. Lady think that one of the reasons the Deputy Prime Minister is not here is that Conservatives might support clause 1 if he is not here to make the argument?

Eleanor Laing Portrait Mrs Laing
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I understand what the right hon. Gentleman is saying, but it is not for me to second-guess the Deputy Prime Minister. I merely disagree with him on this matter, and do not have any lack of respect for the other duties he is undertaking.

Thomas Docherty Portrait Thomas Docherty
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The hon. Lady might recall that earlier this year the Deputy Prime Minister told the House that this measure was not going to be a deal breaker. Any Conservatives labouring under the misapprehension that he will take his ball and sulk if he does not get his way will know that this will not bring down the coalition, however much Labour Members wish that day to come soon.

Eleanor Laing Portrait Mrs Laing
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I take the point that the hon. Gentleman makes, and I recall very well, as I am sure the Committee does, what the Deputy Prime Minister said when he was answering that very question at the Dispatch Box. The Deputy Prime Minister is absolutely right to expect that there will be a referendum—there will be one—but its terms and the date on which it is held are a different matter. I wish to protect him from the position in which he finds himself, because I am sure that he would also wish this referendum to be fair and to be seen to be fair. If he were here to listen to these arguments, he might change his mind and decide that in order to have a fair referendum it would be better to hold it on a date other than 5 May 2011.

Stuart Bell Portrait Sir Stuart Bell (Middlesbrough) (Lab)
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I congratulate the hon. Lady on her speech, which is holding the attention of the Committee and, like the best speeches, comes from the heart. May I suggest, by way of gentle persuasion, that instead of saying that she might vote against her Government, she say that she will do so?

Eleanor Laing Portrait Mrs Laing
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Of course the hon. Gentleman may suggest that to me, and I am examining my conscience carefully in that respect. I have a lot of respect for him and he is doing well in persuading me. I am sure that he would be the first, among most Members in the Chamber this evening, to agree with me that our first loyalty must be not to our party, but to this House, to the democratic process and to the workings of our democracy, which have made ours the strong, great and fair country that it is. Our first loyalty must be to this Parliament, which has exported its fair and decent way of doing things and spread democracy around the world.

Pete Wishart Portrait Pete Wishart
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The hon. Lady mentions democracy and her point is spot on. How dare this mouse of a measure—this splinter of a suggestion—get in the way of the clear choice of the Scottish people? Surely that is a democratic outrage. We should have a free and fair election to decide who will be the Scottish Government, not this nonsense that is in the way, muddying the water.

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Eleanor Laing Portrait Mrs Laing
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The hon. Gentleman makes a good point. As I have said, I, like most Members of this House, have every respect for the Scottish, Welsh and Northern Irish people and their right to fair democracy and fair elections. That is why I reiterate that our first loyalty has to be to the democratic process, which makes this House and our participation in it what it is, and which makes us the representatives of people who have fairly and properly elected us to this place. We do not have cut-price democracy; we do not have elections that are not properly run. I am very uncomfortable with the idea of having a referendum, which is likely to change our constitution, run in a way that is not seen to be fair. Clearly, there is an enormous number of other dates on which this referendum could be held. Therefore, in order for it to be fair and to be seen to be fair, and for it to command the respect that we need it to command in order to protect our democracy, which gives us the authority to sit in this House of Commons, it must be held on a day other than 5 May 2011.

Naomi Long Portrait Naomi Long (Belfast East) (Alliance)
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The Alliance party would generally support reform of the voting system, with the reservation that the Bill is about changing to AV proportionality, rather than full single transferable vote proportionality, which would be our preference. However, we have significant reservations about the date proposed for the referendum.

In Northern Ireland, 5 May 2011 is already set in legislation as the date of the Northern Ireland Assembly elections, and it is also the date for the local government elections, so two elections are already taking place on that day. The review of public administration in Northern Ireland has led to the date of the local government elections being changed once already, and the Secretary of State recently indicated to us that any question mark hanging over 5 May as the date of local government elections has pretty much been removed, so it is now almost a certainty that both elections will be held on 5 May.

I can understand the argument that some may put that having the referendum at the same time as other elections will increase voter participation, but I disagree: while turnout may be increased in parts of the country where there are other elections on the same day, participation is not the same as turnout. The question is the degree to which members of the public and voters are able to engage on the subject matter of the election, and not simply whether they are able to turn out and vote. Participation will be interfered with if three elections are run at the same time.

Having adequate time and space for a public debate about constitutional change is hugely important. Debate on the substance of the proposed changes will be interfered with if, on the same day, we run the Northern Ireland Assembly elections, which are hugely important to the people in Northern Ireland, and local government elections, which have an enormous impact on people’s daily lives.

There has been some debate about which election would overshadow which. I believe that in Northern Ireland there will be little appetite for a debate on the referendum. People and, to a greater extent, politicians will be more concerned about the substance of elections to the Northern Ireland Assembly and to local government. However, even if the reverse proved true, it would not be good for democracy. The elections and the referendum should be separated, so that people can give their full attention to the substantive issues that are up for debate.

In addition to ensuring that people get the full opportunity to participate in debate, there are serious logistical issues, some of which have already been raised this evening. One that causes considerable concern is that if local government elections, regional Assembly elections and a referendum coincide, there will be not simply three different elections but potentially three different groups of valid electors turning up at polling stations to cast their votes—groups with different identification requirements.

That may cause confusion among voters and those who have to administer the system on the day. It is likely to lead to congestion at polling stations, and to fairly serious disputes. There is precedent for that: we have had Westminster and local council elections on the same day, and found that some people were eligible to vote in one election and not the other, or that the information that they received about what is valid identification for one election did not hold true for the other. Our party has made significant representations to the Electoral Commission on that matter. If we confuse that situation by adding the complexities of a referendum, we are putting too much pressure on those who administer the system.

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Chris Bryant Portrait Chris Bryant
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Then why is the hon. Gentleman not presenting those amendments tonight? That would be the honest, decent and sensible thing to do. Instead, he is proposing a timorous beastie of a Bill—something that, in his honest heart, he knows he cannot possibly defend to his voters on the basis of his party’s manifesto.

Let me raise a few problems that I see with the proposal of the hon. Member for Brighton, Pavilion. First, there are complexities relating to how the amendment would work with regard to the spending limits set both in the Bill and in other legislation affecting referendums. That is not least because the legislation, as it stands, presumes that there will be a yes-no answer. In other words, it presumes that there will be two sides to the argument, rather than three, four or—as there might be in this case—five. Secondly, the amendment makes the assumption that one should arrive at the decision by use of AV; that is laid out in new clause 3. That gives rise to a problem. Finally, there is the problem that although the hon. Lady has presented some options, she has not presented all the options that might be available, as the starred amendment of my hon. Friend the Member for Great Grimsby (Austin Mitchell) makes clear.

I believe that it is not time for this timorous beastie of a reform Bill, which was cobbled together not so much to bring about proper reform in the country as to keep people in government. It has not been properly consulted on, properly thought through, or given the proper time to allow it to be successful. [Interruption.] The Parliamentary Secretary, Office of the Leader of the House of Commons is sitting there on the Front Bench. He is now using arguments that I used, in which I was not very confident, when I sat on the Government Benches. It is about time he stopped using the argument about hypocrisy and brass neck when he is the one, despite the fact that we cannot see the difference between his shoulders and his head, with the largest brass neck of all in the Chamber.

Let us not hear any more about new politics from the Government. This is a shoddy little Bill, not a braveheart root and branch reform—a Bill built on narrow party advantage cobbled between the two Ministers. Nasty, incongruous deals have been pushed through by tough whipping, as we have seen this afternoon—everything that the hon. Member for Somerton and Frome (Mr Heath) used to condemn when he sat on the Opposition Benches. The only reason there were not any smoke-filled rooms for Ministers to sit in to cobble together their deals is that we voted for the legislation to ensure that people’s health improved in this country. He did not.

Eleanor Laing Portrait Mrs Laing
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The hon. Member for Brighton, Pavilion (Caroline Lucas) made a sincere speech in support of her amendment 7, but it was wrong because she argued about giving more power to the people. Her amendment has nothing whatever to do with standards in the House of Commons. It would cause confusion and lead to the loss of the two most important factors that any electoral system ought to depend on—clarity and certainty. They are present in first past the post, but they certainly are not in amendment 7.

Douglas Carswell Portrait Mr Carswell
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I helped draft the design of the ballot paper under this amendment. Can the hon. Lady explain which bits of it she thinks her constituents would be unable to understand?

Eleanor Laing Portrait Mrs Laing
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I did not say that my constituents would not be able to understand. My constituents are very intelligent, and I am sure that they would be able to understand. I will not go into a long explanation at this point in the evening. I am merely saying, and I stick to it, that if amendment 7 were to become part of the Bill, the referendum would bring about a system—any of the systems in amendment 7—that would lack clarity and certainty. Any voting system ought to have clarity and certainty.

Clarity is what amendment 230 is all about. I am pleased to say that the Political and Constitutional Reform Committee, of which I am a member, looked at the report of the Electoral Commission. The commission consulted extensively on the wording of the question, as the Minister has told us this evening. The Select Committee supported the suggestions of the Electoral Commission. The wording in amendment 230 is much clearer. It brings about clarity and certainty when a question is put to the electorate, as it should be. Therefore, members of the Select Committee tabled this amendment. We were delighted to discover that the Minister and the Deputy Prime Minister also supported the amendment, and I hope that the Committee will support it this evening.

Austin Mitchell Portrait Austin Mitchell (Great Grimsby) (Lab)
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What the hon. Lady thinks about the system is largely irrelevant. Amendment 7 is designed to allow the people to speak out—to put before them the choice of a preferential system. I have to point out to my hon. Friend the Member for Rhondda (Chris Bryant) that this was exactly the wording of the New Zealand referendum. In 1993 it was decided that people did not want the first-past-the-post system, and they were given a choice about what system they wanted to replace it. In that referendum, almost 60% of people said that they wanted the additional member system. Only 6.6% said that they wanted the alternative vote.

Individual Electoral Registration

Eleanor Laing Excerpts
Wednesday 15th September 2010

(13 years, 7 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. A great many right hon. and hon. Members are seeking to catch my eye, so I appeal for short questions and short answers.

Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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I thank the shadow Lord Chancellor for his courtesy in telling me a short while ago that he was going to mention what I had said on this matter. As this might really be his very last appearance at the Dispatch Box—we hope for a Frank Sinatra-style comeback, of course—I should like to pay tribute to him and wish him well on behalf of Members on both sides of the House. He will recall that we have argued over this matter for more than five years. The previous Government delayed and delayed, but at the eleventh hour they at last brought in individual voter registration. However, they still built in delays. Of course I have said in the past that I do not want anything to undermine the integrity of the democratic system, and I stick to that, but nothing that the Minister has said today appears to undermine that integrity. On the contrary, he has said that he will proceed carefully, step by step, and he has assured us that he has learned from the Northern Ireland experience. Also, the new system that he has devised will save money as well as time.

Mark Harper Portrait Mr Harper
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I am grateful to my hon. Friend for her comments, and I agree with every word that she said, including her fulsome tribute to the right hon. Member for Blackburn (Mr Straw). I thank her for her intervention.

Fixed-term Parliaments Bill

Eleanor Laing Excerpts
Monday 13th September 2010

(13 years, 7 months ago)

Commons Chamber
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Jack Straw Portrait Mr Straw
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I have long been in favour of fixed terms. I could dig out correspondence I had with Margaret Thatcher in 1983 about fixed terms. The Labour party committed itself to fixed terms in the 1992 election. What typically happens—this is why I welcome the measure and why I wanted that commitment in our manifesto—is that parties in opposition that are in favour of fixed terms go off the boil on them when they come into government. As someone who was a PPC on a number of occasions before coming an MP, I know that the speculation is difficult. It is important to have some certainty and that is why we are not opposing the Bill on Second Reading. I hope that the Deputy Prime Minister will use the time available to get things right, not least on whether terms should be for four years or five.

Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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Is not the coincidence of elections in different parts of the country just a problem of our having too many tiers of government? Would not it be better if we simplified the whole thing and did not have so many tiers of government? Then this problem would not arise.

Jack Straw Portrait Mr Straw
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I do not think that the hon. Lady is proposing the abolition of the Scottish Parliament and the Welsh Assembly.

Eleanor Laing Portrait Mrs Laing
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indicated assent.

Jack Straw Portrait Mr Straw
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Oh, she is—okay. I shall ensure that the Prime Minister is made aware of her views. Obviously, this is her job application for the position of Secretary of State for Scotland, as she hails from there. I am certainly in favour of abolishing one tier of government where there is two-tier local government, which does not work. Thanks to a wise Conservative decision in 1995, Blackburn and Darwen have greatly benefited from being outwith the clutches of Lancashire county council and the two-tier system. However, that is not Conservative party policy, nor is it in the Bill.

On Prorogation, as my right hon. Friend the Member for Knowsley (Mr Howarth) has pointed out, clause 4(1) expressly states:

“This Act does not affect Her Majesty’s power to prorogue Parliament.”

Hon. and right hon. Members on both sides might not particularly have considered this, but it is perfectly possible for a Prime Minister who faces the prospect of a defeat on a motion of no confidence and who does not want an early general election, which would otherwise arise on a simple majority, to seek a Prorogation of the House. That is not idle speculation, because that is exactly what happened in 2008 in Canada.

In Canada, there are fixed terms, by law, of four years, but there are also procedures for early elections, as all fixed-term Parliaments have, if a Government lose confidence. The crisis in Canada arose because there had been an agreed all-party deal on substantially enhanced state funding for the political parties in return for draconian controls on donations and spending. Stephen Harper, the Prime Minister, in justifying all that against an austerity budget, decided to abandon the commitment and arbitrarily and unilaterally to reduce the amounts to be given to the other parties and his opponents. They cried foul and there was a crisis. When there was about to be a motion of no confidence against him, which almost certainly would have been won, he went to the Governor-General, in the seat of Her Majesty, and got a Prorogation so that Parliament would be suspended for quite a long time. The Prorogation was accepted and he subsequently sought, but was not successful, a further Prorogation. Given that the Bill is making significant changes, clause 4(1) has to be changed to ensure that the Bill does affect the right of Her Majesty to prorogue the House.

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Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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We last debated this matter in the House on 16 May 2008. Contrary to what the right hon. Member for Blackburn (Mr Straw) said earlier this evening, on that occasion the Conservative Opposition did not oppose the Bill. I know that because I was speaking for the Opposition on that day. We said the matter was worthy of exploration and discussion and that we did not oppose the principle of fixed-term Parliaments.

I am sorry to have to quote myself, but I have checked exactly what I said:

“A cross-party organisation called Fixed Term was set up in October 2007…and has published the results of a poll conducted in October 2007. It found that 25 per cent. of Conservative MPs, 41 per cent. of Labour MPs and 88 per cent. of Liberal Democrat MPs support fixed-term Parliaments. If anything was to convince me to be against any Bill it would be the fact that 88 per cent. of Liberal Democrats…are in favour of it.”—[Official Report, 16 May 2008; Vol. 475, c. 1714.]

Well, times change—[Interruption.] Don’t they just. I do not know what the percentages are today, but there are good reasons for the Bill and I am happy to support it. However, that does not mean I shall not criticise it.

When the Deputy Prime Minister introduced the proposals some months ago, he said that the Bill was intended to strengthen the power of the House. I do not believe that it does so. At the moment, the House can bring about Dissolution by a simple majority, but the Bill will require in most cases a two-thirds majority. I do not believe that the Bill takes power away from the Executive and gives it to the House. That does not mean the Bill is fatally flawed; it just means that we ought to look at what it really does and not pretend that it gives more power to Parliament.

I draw the attention of the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), to the concern we debated earlier and which was raised by the Clerk of the House before the Select Committee. I am honoured to be a member of the Committee and I endorse what its Chairman said earlier in the debate. Despite what the Deputy Prime Minister said earlier, it is possible that the Bill could bring about judicial review of events that occur and decisions that are taken in the House. I do not want to see that happen, not just as a matter of principle but because it disturbs the stability of the constitution and of the House. I sincerely hope that the Deputy Prime Minister and my hon. Friend have taken into consideration the concerns expressed by the House today and by the Select Committee and that we will return to these matters in Committee.

The evidence put before the House today is not conclusive. It is one legal opinion against another legal opinion, and the integrity of the House and what happens here should not be left in the balance between one legal opinion and another. I sincerely hope that the Minister will consider that point in Committee.

William Cash Portrait Mr Cash
- Hansard - - - Excerpts

Does my hon. Friend accept that it is possible that the very fact that the Clerk of the House of Commons has taken one view and that other lawyers have taken another view—albeit in a strange sequence—could be a reason why a court would be more than concerned to issue a judgment in its jurisdiction?

Eleanor Laing Portrait Mrs Laing
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Yes. As ever, my hon. Friend makes an important legal point and we must not lose sight of it. We must remember that at one level we can have party political banter and House of Commons arguments, but at another level we must respect the stability of our constitution. It is not just a matter of legal opinion but of consulting the law properly. I am sure that what my hon. Friend has just said will be taken into consideration by Ministers.

We have to put the Bill in its true context. It is rare for me to find myself in agreement with the hon. Member for Great Grimsby (Austin Mitchell).

Austin Mitchell Portrait Austin Mitchell
- Hansard - - - Excerpts

It’s a nice experience.

Eleanor Laing Portrait Mrs Laing
- Hansard - -

It is a great pleasure.

There is no harm in being honest about matters in the Chamber. The measure is entitled “Fixed-term Parliaments Bill”, but no Parliament can bind its successors. The measure is really “The date of the next election (cementing the coalition) Bill”. That is what it is for, and I support it for that purpose, but we should not pretend that it is for any other purpose. It has many practical advantages, which are obvious and have been debated well this evening. The stability of the coalition and of the Government to get this country out of the dreadful economic mess in which the Labour Government left us requires such a Bill if we are to make progress.

Mark Durkan Portrait Mark Durkan
- Hansard - - - Excerpts

The hon. Lady suggests that the Bill relates strongly to the coalition, but it is foreseeable that the coalition could dissolve, but not Parliament, so we would be in a twilight zone.

Eleanor Laing Portrait Mrs Laing
- Hansard - -

That is exactly the point that I am about to make. We are discussing the transfer of power, and the Bill brings about the transfer of immense power to the person of the Deputy Prime Minister. As the hon. Gentleman has just said, the arithmetic shows that the 14-day process could be instigated under the Bill. It is perfectly possible that as early as next spring the Liberal Democrat party could decide not to support the Conservative party in coalition. We could go into the 14-day period, and a coalition could be formed by the Labour party, all the other Opposition parties, and the Liberal Democrat party. There could be a completely new Government without our consulting the electorate. That could happen in the foreseeable future, although I sincerely hope that it does not. I do not think that it is likely, but the arithmetic means that it is possible, and we must be aware of that as we introduce the Bill.

Baroness Burt of Solihull Portrait Lorely Burt
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Will the hon. Lady give way?

Eleanor Laing Portrait Mrs Laing
- Hansard - -

I would like to do so, but I cannot, because other Members are waiting to speak.

The Opposition have been self-righteous in their criticism of the way in which the Government are introducing constitutional change. Let us not forget the piecemeal way in which the Labour Government brought about constitutional change. Indeed, the Constitutional Reform and Governance Bill that they introduced received about 18 months of pre-legislative scrutiny. It was introduced in the House, and completed all its stages in plenty of time. Half an hour before Third Reading, the Labour Government introduced about 100 pages of amendments. The Bill went to the House of Lords, and just before its final consideration, they added an entire new Bill on a referendum on the alternative vote. The Opposition should therefore be careful in their self-righteousness about the way in which we conduct pre-legislative scrutiny. Having said that, I agree with the hon. Member for Nottingham North (Mr Allen), the Chairman of the Select Committee—he had no responsibility for the previous Government, or very little, I think.

It is wrong to introduce constitutional change in a piecemeal fashion. We should look at the overall effect of the legislation before us, not just the particular issue that is under consideration. It is wrong, at any time, to do constitutional change in one place, then in another. We ought to look at the whole constitution to see how it is balanced. It is, however, our duty in the House to do not what is the short-term expedient but what is in the long-term right. I am willing to put aside that important principle this evening for the greater good of the stability of the coalition and the stability that that brings to our country. I therefore urge my hon. Friends to support the Bill.

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Sheila Gilmore Portrait Sheila Gilmore (Edinburgh East) (Lab)
- Hansard - - - Excerpts

Thank you, Mr Deputy Speaker, for giving me the opportunity to speak in this debate. I will be brief.

I want to address in particular the length of the proposed fixed terms and how, by choosing the dates that have been chosen, we are running into totally unnecessary conflict with the devolved Parliaments. In opening the debate, the Deputy Prime Minister suggested that he had now realised there was an issue with this. When he came to the Political and Constitutional Reform Committee before the recess, that issue was pointed out to him very clearly, but until today he appeared to have chosen to ignore it or to brush it off as irrelevant.

There may have been confusion in some people’s minds between the potential coincidence of next year’s Scottish Parliament elections and the AV vote and the potential clash in 2015. There are some problems with both things, but I concede that next year’s clash is not in any way as serious as the potential clash in 2015 and the one that would come along some years further into the future, although most of us would probably not be around to deal with it—not as elected Members, at least.

The coincidence of the two general elections is a serious issue. I do not know whether everybody is aware that in Scotland a decision has been taken to move the local elections, which should have been due next year, to another year, to avoid the clash that happened in 2007; that was between local elections and the Scottish Parliament election. We have already made that move, only to discover that in some ways it has been completely undone by what might be allowed to happen here in Westminster.

The matter has been raised not only by the Select Committee but by many other commentators and it should have been addressed before now. There is no reason not to address it. Given that the bulk of the information and evidence that has come to the Select Committee also supports four-year terms, the easiest way out of the difficulty is for the Bill to be amended to allow for such terms. All the complications about whether to have the elections a month apart, which, as the hon. Member for Perth and North Perthshire (Pete Wishart) said, would be absolutely ludicrous, or six months apart, which would be equally unacceptable, would disappear if we set four-year terms in train.

The change would be simple to make and it would be nice to think that we could carry it out without getting into complicated cross-jurisdictional issues about election dates. The elections are different and the issues are very different. It is undoubtedly true that the issues that the devolved Parliaments would want people to pay attention to will simply be swamped if there is a Westminster general election at the same time. I do not mean that we as politicians would cause that to happen; the media, however, would certainly concentrate on what they would see, rightly or wrongly, as the big election.

Let us not underestimate the differences between boundaries. When the Scottish Parliament elections take place next year, my Westminster constituency will have four different MSPs in it; that is how different the boundaries are. These are no minor differences.

Eleanor Laing Portrait Mrs Laing
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The hon. Lady has just verified the criticisms that many of us made in respect of the importance of coterminosity between one legislature and another. I hope she will agree that that ought to be borne in mind by future Governments.

Sheila Gilmore Portrait Sheila Gilmore
- Hansard - - - Excerpts

We appear to have lost coterminosity entirely in Scotland, and that is an issue because the situation there is making it extremely difficult for people to have more engagement in politics and a better relationship with their elected representatives. When I tell people, “I am your Westminster MP, but this person will be the candidate for that part of the constituency, although not in your sister’s area, which is not that far away,” it is difficult to make them understand. We also have local government boundaries, which are completely different again.

I am not necessarily saying that we have to change the situation in Scotland immediately; we are learning to live with our different boundaries. However, there is absolutely no need to walk into the situation that I have described. A simple change, backed up by the evidence, to a four-year fixed term, would cure the problem. I hope that the Government will at least consider the issue again—and quickly, so we can get it out of the way.

Obviously, there are other issues. I am not qualified to comment on the detail of some of them, but they are important and we need to spend time on them during the passage of the Bill. I hope that at last the Government have heard the question.

Parliamentary Voting System and Constituencies Bill

Eleanor Laing Excerpts
Monday 6th September 2010

(13 years, 8 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Jack Straw Portrait Mr Straw
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If the hon. Gentleman will excuse me, no.

In contrast, Margaret Thatcher’s 1986 system recognised the need for balance, which allowed local commissioners and the commission to take account of historical and natural boundaries, and density as well as sparsity of population, and to do so with the widest public acceptability. That ability to achieve balance has also meant that long-standing problems such as the under-registration of voters has had less impact on the final outcome. The problem of under-registration goes back to the 1990 poll tax. We sought to stabilise registration levels, but that poll tax legacy remains. The right hon. Gentleman must recognise that his reliance on arithmetic above all makes the problem of under-registration so acute and so potentially unfair.

Jack Straw Portrait Mr Straw
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I shall break my undertaking and give way to the hon. Lady.

Eleanor Laing Portrait Mrs Laing
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I thank the right hon. Gentleman very much for giving way. He knows what I am going to say because we have had this argument so many times across the Dispatch Box. He knows, as does the rest of the House, that under-registration will be put right to a very great extent by the introduction of individual voter registration, which was proposed by the Conservative party way back in 2005 and which the right hon. Gentleman’s Government delayed for five years before they introduced it.

Jack Straw Portrait Mr Straw
- Hansard - - - Excerpts

The hon. Lady will recognise that we introduced agreed legislation on the phasing-in of individual registration. She will also know—and she is on the record as recognising—that although there were potential benefits from individual registration, there were dangers too, which were clear from the Northern Ireland experience. It had to be phased in carefully, with a large amount of resources—not rushed, as the Deputy Prime Minister now proposes.

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Roger Godsiff Portrait Mr Godsiff
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In theory, registration should be compulsory at the moment. Indeed, I saw something issued by Greenwich council saying that people should put their name on the register of electors and could be fined £1,000 for not doing so. However, I take the hon. Gentleman’s point.

We live in an age where all parties, rightly, make great play of the virtues and obligations of citizenship. I would have thought that it was a basic obligation of a citizen of the United Kingdom, who chooses to live in a democratic country, to take the trouble to express their view through receiving a ballot paper when a general election is held. Bearing in mind that the coalition Government are proposing five-year, fixed-term Parliaments, it does not seem to me an onerous obligation to place on a citizen of the United Kingdom once every five years.

Of course, I am not saying that an individual citizen should be obliged to vote for any party or candidate. People are perfectly entitled to do what they want with their ballot paper once they have received it. They could deface it, for example, or rip it up. Indeed, all of us will have stood at counts and seen ballot papers on which electors have put either no mark at all or certain marks in order to express their views on all the candidates—sometimes in the most colourful language. I have absolutely no problem at all with somebody doing that, because the important thing is that they will have expressed their views, whatever they might be and however offensive I might find them, and I believe that that is a basic obligation of a citizen in a democratic society.

Furthermore, by moving to a system of obligatory voting, we could begin to address the very important issue, which several Members have raised and the Electoral Commission has highlighted, whereby 3.5 million-plus people are missing from the electoral register. The majority are not on the register because the head of household did not register them, because they were not in when the council canvasser called or because they did not think that they were entitled to be on it.

Eleanor Laing Portrait Mrs Laing
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Will the hon. Gentleman add something to that list? He rightly said that, currently, it is compulsory to register to vote, but is it not possible that some people do not want to be registered to vote because it suits them not to be on the register?

Roger Godsiff Portrait Mr Godsiff
- Hansard - - - Excerpts

That might well be the case, and I shall come to that point in a moment. I hear what the hon. Lady says, but in my opinion the majority of people who are entitled to vote but missing from the electoral register do not deliberately choose not to be registered. However, it is quite true that during the furore over the poll tax a large number of people deliberately left their names off the electoral register, because Mrs Thatcher’s Government, in their wisdom, decided to use the electoral register as the basis for levying it.

By far, the majority of people who are eligible to be on the electoral register but not registered are younger people, those from lower-income social groups, those who live in rented subdivided houses, people who do not have a strong command of the English language and individuals who have learning difficulties. If voting were obligatory, there would be a much stronger emphasis on electoral registration officers ensuring that, in every household, everybody who was eligible to register was registered.

I very much hope that the Government will seriously consider allowing the electorate to express their opinion on obligatory voting in the United Kingdom, particularly given that we are moving towards a system that is used by Australia, where voting is obligatory and, in comparison with Britain, the turnout is more than 90%. Indeed, it would make absolute sense if such a question were on the same ballot paper as the one under discussion, because the argument about cost just does not come into the debate. We are going to have a referendum anyway, and nobody can convince me that two questions on a ballot paper would increase the cost. So, if ever there were a time when the Government could hold a ballot, it is now.

If the coalition Government say, “No, we are not going to do that,” we will be left with the bizarre situation in which the Conservative party does not want AV, and in which the Liberal Democrats do not want AV—because they want PR—but will vote for AV for reasons of expediency and still hold a referendum on it. If the answer to that question is no, however, they are not going to hold a referendum to ask the people whether, on a second question, there should be obligatory voting in the United Kingdom. That is bizarre. I do not wish to make a partisan point, but the Deputy Prime Minister dotted his speech with phrases such as, “Not for us to decide,” “The will of the people must prevail,” and “The final decision should be with the electorate.” I suspect that, if nothing else, such a question would certainly engender a lively debate throughout the country, and I commend it to the Government.

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Andrew Turner Portrait Mr Andrew Turner (Isle of Wight) (Con)
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This afternoon a delegation travelled from the Isle of Wight to present the results of an online petition to 10 Downing street. This evening I shall present the petition in the more traditional paper form.

The petition was organised by the cross-party OneWight campaign. Former parliamentary candidates, Mark Chiverton for Labour and Jill Wareham for the Liberal Democrats, were in the House. Kevin Smith, the chief executive of the island’s chamber of commerce, and Richard Priest OBE, the non-political spokesman for the campaign, joined us. In a few short weeks, the campaign attracted support from more than 17,500 people.

Some people say that constitutional reform is a matter of interest only to political anoraks. That is not true in this case. Islanders do not want 30,000-plus voters to be transferred to a cross-Solent constituency.

On 15 July, the Deputy Prime Minister told the Select Committee on Political and Constitutional Reform, of which I am a member, that we must

“come to terms with the need for extensive political reform in order to re-establish public trust in what we do here.”

He went on to say that in the past

“too much… power has not been sufficiently transparent.”

I agree with the Deputy Prime Minister’s words, but it is hard to reconcile them with his actions. His aim is for 600 Welsh, Scottish, Northern Irish and English constituencies of more or less equal size. He says he wants greater fairness for electors, yet he has arbitrarily decided that there will be some exceptions.

I support the principle that islands with no physical link to the mainland are a special case, but the Deputy Prime Minister has singularly failed to explain why Isle of Wight residents have not received similar consideration to Scottish island constituents. Like the Scottish islands, we are physically separate from the mainland, but our uniqueness is ignored. There has been no consultation and no explanation.

Unlike the Scottish islands, the Isle of Wight has no scheduled air service. It takes between 40 and 50 minutes to cross the Solent on a car ferry. Many Members take similar amounts of time on car journeys around their constituencies, but this is not a car journey, it is a ferry. Our car ferry needs to be booked in advance. At busy times, people frequently cannot get the crossing that they want. The cost of peak sailings can be more than £100 for a return ticket. If one misses the ferry, one must wait up to an hour and a half for the next one. Foot passengers face even more difficulties. There are also times when the ferries simply do not run due to adverse weather or sea conditions. In fact, many islanders rarely visit the mainland.

Living on an island with no rail or road links to the mainland is, in many ways, a joy, but one has to experience it to realise the challenges that we face. I hope that my hon. Friend the Member for New Forest West (Mr Swayne) will not be too upset to hear that the possibility of him representing West Wight has not gone down well. That is because islanders and the Lymington River Association hold different views about the need for a new Wightlink ferry. It was not until I moved to the Isle of Wight in 1997 that I fully understood that island life is really different.

In addition to the two Scottish island constituencies, there are other exceptions not subject to the strict principle of fair votes. There will be a cap on the geographical size of any constituency, and there are provisions that enable over-representation in Northern Ireland. The effect of those exceptions is that Scottish and Northern Irish votes may be worth more than English and Welsh votes. There may be good reasons for that, but they should be explained by the Deputy Prime Minister. He is rushing the Bill through, but has given no proper explanation for the exceptions. Nor has he said why he has ignored the case for treating the Isle of Wight differently.

Eleanor Laing Portrait Mrs Laing
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There is considerable support in the House for my hon. Friend’s case. There is no logical reason why the north of Scotland should be treated in a special way on the one hand, and the Isle of Wight should be completely ignored on the other. My hon. Friend has a lot of support from the people in this Chamber.

Andrew Turner Portrait Mr Turner
- Hansard - - - Excerpts

I am very grateful to my hon. Friend. As I say, the Deputy Prime Minister has given no proper explanation. The island’s media have asked for interviews; that would give him the opportunity to explain to islanders that he knows best about how they should be represented.

I wrote to the Deputy Prime Minister on 11 August, asking for information about how his exceptions had been decided on. I also e-mailed him, asking him to meet the delegation that travelled here today. I received no reply, despite my office chasing the matter up, and he did not meet the delegation. If that represents him taking direct responsibility for major constitutional issues, we are in deep trouble. I want him to explain the exceptions that he has made, so that my constituents can see that the island’s case has been judged fairly. In the absence of any meaningful response, I can only conclude that his fine words about accountability and transparency are just that—fine words.

The OneWight campaign is a broad alliance of the three main political parties, island businesses and many other island organisations and individuals. The local council has indicated support for it, as have town and parish councils across the island. Many of my constituents want to retain one MP. Some would rather have two. I would be happy with either solution, but not with a cross-Solent solution. No one wants a one-and-a-bit MP. In my election address, I promised islanders that I would vigorously oppose any attempt to impose a cross-Solent constituency, and I will continue to do so until the special case for the largest constituency in the UK, and the smallest, is recognised.

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Chris Ruane Portrait Chris Ruane (Vale of Clwyd) (Lab)
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There is much wrong with the Bill, or Bills—I think there are two separate Bills, which have been woven into one for political expediency—that have been presented today. As highlighted in the Opposition amendment, the Bills are top-down, hasty and undemocratic, and by their very nature they have lost their bipartisan appeal across the House. However, my main complaint is not what is in the Bills, but what is left out. There is no reference to any action on under-registration.

I have been interested in that issue since 2001, when my hon. Friend the Member for Dumfries and Galloway (Mr Brown) informed me of the massive drop in my electorate and the electorates of many MPs across the UK. Since then, I have tabled hundreds of parliamentary questions, spoken dozens of times in Parliament, and met people at the Electoral Commission and various Ministers, but the position remains the same—3.5 million people are missing off the register. Poll tax is one of the reasons for that.

The Government say that the Labour Government did nothing to get those 3.5 million people back on to the register, but we did take steps, and they were not partisan. In 2001, we introduced a measure that said, “If you, or the head of the household, do not personally sign the register for two years on the trot to keep your name on it, you will be taken off.” That was detrimental to the Labour party and the Labour Government, but we took that step because it led to clarification and to improved quality. Many of us complained at the time, although we were not listened to, but it was done for the best purposes.

When I asked the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper), what type of person was missing off the register, he said that no national estimates had recently been made. However, the Electoral Commission found in its 2005 report, “Understanding electoral registration”, that based on data from 2000, 17% of ethnic minority individuals, 22% of students, 10% of those renting from a local authority, 11% of those renting from a housing association and 18% of unemployed people were missing off the register, and that areas with the highest levels of unemployment and income deprivation had the highest levels of non-registration. It has been shown that under-registration and inaccuracy are closely associated with the social groups most likely to move home across all seven areas in phase 2 of the study. Under-registration is notably higher than average among 17 to 24-year-olds, with 56% not registered. In addition, 49% of private sector tenants and 31% of British resident black and ethnic minority groups are not registered.

Eleanor Laing Portrait Mrs Laing
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Will the hon. Gentleman give way?

Chris Ruane Portrait Chris Ruane
- Hansard - - - Excerpts

No, I will not. I had enough of the hon. Lady’s nonsense in a previous intervention, which I will come to in a minute.

In the Electoral Administration Act 2006, we tried to put pressure on electoral registration officers to ensure that they did their job properly, and progress has been made. Best practice is out there, but it takes time. I have managed to improve the situation in my constituency. Working closely with the electoral registration officer, we have put an extra 6,000 people on to the electoral register, 1,000 of whom were in a ward with houses in multiple occupation. I pay tribute to the work of Gareth Evans, the electoral registration officer in my constituency who has brought that about.

Individual registration is opposed by many Labour Members because we know that when it is introduced the electoral register goes down by 10%, as it has in Northern Ireland, and that the people who come off the register are the poorest in society. We were prepared to accept that because the previous Minister, my right hon. Friend the Member for Blackburn (Mr Straw), said that individual registration would go hand in hand with increasing the register.

I predict that the Government parties will blow a hole in the consensus and go for rushed individual registration, taking another 4.5 million people off the register in addition to the 3.5 million who are already off it. That bipartisanship will be lost for a long time unless they get those 3.5 million people back on to the register. The Deputy Prime Minister can talk in high-falutin’ language about the Reform Act of 1832, but if they are going to take 8 million of the poorest people off the register, and keep them off, they know that they are doing wrong. The British people deserve better than this.

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Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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Contrary to the hon. Member for Caerphilly (Mr David), I support the Bill, but it requires the House’s scrutiny, and I will suggest several ways in which it can be improved.

May I first say that the measures to reduce the size of the House and equalise the size of constituencies are long overdue? I hear what Opposition Members say, but their arguments do not hold water. The size of the Chamber has changed almost randomly over the past century, and the number of MPs has never been properly tackled. In the current economic climate, we expect organisations in other walks of life to reduce their work force, and for people to work a little harder to take over the responsibilities of their former colleagues. There is no reason why the House should not set an example in that respect.

However, much more importantly, a democratic system in which votes are not of equal value is an insult to democracy. The right hon. Member for Blackburn (Mr Straw) did very well in trying to defend the indefensible for the sake of the Labour party’s current electoral advantage, but the fact is that traditional boundaries, consulting local people and community coherence are simply much less important than the integrity of our democratic system. Therefore, contrary to what he says, the arithmetic must be paramount, because one vote, one value is a basic principle of a fair democracy.

Sadly, however, the other part of the Bill will not enhance a fair democracy. The alternative vote system will undermine the very principle of one vote, one value. Many of my hon. Friends, and the right hon. Member for Derby South (Margaret Beckett) and other Opposition Members, put those arguments very well, and I am sure that they will be enhanced over the coming months. However, we must have a referendum, because it is a matter of honour. The Prime Minister agreed in the coalition agreement to a referendum on AV, but it is a stark reflection of the priorities of the Liberal Democrats that that was their essential first condition of entering into a coalition Government.

I support the coalition because we need the stability it provides, and I appreciate that a referendum is the price for that, but what a high price it is to pay, not only politically, but in simple financial terms. At a time when essential cuts to public spending are about to affect the everyday lives of almost every British citizen, the Deputy Prime Minister insists on spending £100 million on a referendum that nobody outside the House wants nor cares one tiny bit about. How many special needs teachers, cancer nurses or helicopters for Afghanistan could be funded by £100 million? I accept that we must have the referendum, but let it not go unnoticed that we must have it not for the better welfare of the people or the general good of the country, but only for the perceived electoral advantage of the Liberal Democrats.

I support the Bill, but it is the duty of the House to try to improve measures before it, and I will seek to improve this one in two ways. First, the result of the referendum will command far greater respect if it is held on a different day from the national elections in Scotland, Wales and Northern Ireland, as many colleagues have said. The inevitable differential in turnout in different parts of the United Kingdom would leave the authenticity of the referendum open to question.

The second improvement that the Bill needs is in relation to the thresholds. Is it right to bring about constitutional change if only about 15% of the electorate vote for it? The status quo is the status quo because it is the status quo, and changing it should require far more than 15%. That would be wrong. The result of the referendum and the consequent constitutional change will not command respect unless a significant proportion of the electorate support it. It is our duty to improve this Bill, and although I will vote for it this evening, I look forward to seeing a very different Bill on Third Reading.

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Ian Murray Portrait Ian Murray (Edinburgh South) (Lab)
- Hansard - - - Excerpts

I am grateful for the opportunity to take part in this debate, and I will be brief in order to keep to the three-minute time limit you have given me, Mr Deputy Speaker.

I wish to follow the point made by my hon. Friend the Member for Slough (Fiona Mactaggart) about under-representation. Indeed, my constituency was mentioned by the Deputy Prime Minister in his opening remarks. The mid-2007 estimated population of my constituency was just over 88,500. Almost exactly 20% of those people are not eligible to vote, giving a notional registrable electorate of 71,000, or around the mean of the national average, given the 650 seats in this House. However, the number actually on the electoral register is around the 60,000 mark, so we must ask where those 10,000 or 11,000 missing people are. I suggest that the vast majority fall into one of the three categories highlighted by the Electoral Commission—young people aged 17 to 24, private sector tenants and the black and ethnic minority residents in my constituency.

The Edinburgh university students association did some work that estimated that there are more than 20,000 students in Edinburgh, and of those some 9,000 would be eligible to be registered in my constituency. On the Electoral Commission’s figures, 50% of those students are not registered, accounting for 4,500 of the missing electorate. I mention this because the principle of equalisation is not denied. We agree with it, but we must ensure that we achieve equalisation of representation at the same time. Some 25% of all the constituents who come to my constituency offices are not on the electoral register. Therefore, if we arbitrarily adopt a 600-seat House and just divide the number of people on the register in December 2010 by 600, we will end up with an artificial figure that under-represents the most vulnerable and the hardest to reach.

The evidence is borne out by the Lothian Valuation Joint Board, which by December 2010 will have completed only 85% of the work that it does on the register. Therefore, the electoral registration figures that will be used to fundamentally redraw our constituencies will be—

Eleanor Laing Portrait Mrs Laing
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Will the hon. Gentleman give way?

Ian Murray Portrait Ian Murray
- Hansard - - - Excerpts

I would, but I am afraid that I do not have time to do so.

The electoral registration figures in December 2010 will be far short of where they would be in the final register that the board will put together.

In the limited three minutes that I have been given to speak, I would like to say that the disparity between the largest and the smallest constituencies is a concern for the House. Nobody here would disagree that equalisation of constituencies is something that we should all strive towards. However, what we cannot do is strive towards it on the basis of an arbitrary figure, drawn from an electoral register that is not just out of date, but misses out the hardest-to-reach parts of our constituencies. If we do that, we will not only be doing a disservice to the hardest-to-reach, but ensuring that the Members of Parliament to whom they look to help them are under-represented.

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Mark Harper Portrait Mr Harper
- Hansard - - - Excerpts

I shall come to that later.

A number of Members cited the merits of different electoral systems. As my right hon. Friend the Deputy Prime Minister said, that is a matter for debate not now but during the referendum campaign. I know that Members on both sides of the House, and on both sides of the coalition, will participate vigorously in that debate.

My right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and my hon. Friends the Members for Epping Forest (Mrs Laing) and for Milton Keynes South (Iain Stewart) suggested a turnout threshold. Such a system would make an abstention effectively a “no” vote. It would give people an incentive to abstain from voting, and the Government do not believe that that can be right. As for the issue of turnout and legitimacy, I should point out that in the 2005 election only three Members of Parliament received the support of more than 40% of their registered voters: my hon. Friend the Member for North Herefordshire (Bill Wiggin), the hon. Member for Rhondda (Chris Bryant) and the hon. Member for Belfast West (Mr Adams), an interesting combination. Members who suggest that voting is legitimate only if turnout is above a certain level should think carefully about where the logic of that argument takes them.

Eleanor Laing Portrait Mrs Laing
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Will the Minister give way?

Mark Harper Portrait Mr Harper
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I hope that my hon. Friend will forgive me if I do not. I have a great deal to do, and not much time in which to do it.

The Labour party’s position on the referendum on the alternative vote strikes me as ridiculous. Labour supported an AV referendum before the election—it was in the party manifesto—but Labour Members are not supporting it now. They are hiding their opportunism behind the fig leaf that the proposal is contained in a Bill that plans a boundary review to provide more equally sized constituencies and more equal votes.

The right hon. Member for Blackburn (Mr Straw) has criticised us for not presenting our proposals in a stand-alone Bill. Given that both our measures concern the election of Members of Parliament to the House of Commons, it seems perfectly sensible to link them. I remind him that he presented proposals for an AV referendum in the Constitutional Reform and Governance Act 2010. That was hardly a stand-alone Bill. It also included measures relating to the civil service commission, the civil service code of conduct, the ratification of treaties, amendments to the Independent Parliamentary Standards Authority, the tax status of Members of Parliament, financial reporting to Parliament, freedom of information, counting of votes and the Act of Settlement.

Political and Constitutional Reform

Eleanor Laing Excerpts
Monday 5th July 2010

(13 years, 10 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Order. A great many right hon. and hon. Members are seeking to catch my eye, and accommodating most, let alone all, of them will require economy in questions and answers.

Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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Does the right hon. Gentleman agree that if a referendum on a major constitutional issue such as voting reform is to be seen as fair, it should not be the case that a mere 50% of those voting on the day should make the decision? Ought there not to be a threshold of, say, 40% of those entitled to vote, as was the case in 1978 in Scotland?

Constitution and Home Affairs

Eleanor Laing Excerpts
Monday 7th June 2010

(13 years, 11 months ago)

Commons Chamber
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Jack Straw Portrait Mr Straw
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First, that was quite a long time after 1832. Secondly, as the hon. Gentleman might recall, the vote was originally given to women over 30 in 1918, and then extended to those over 21 in 1928.

Let me come to the partisan heart of the Government’s constitutional proposals: the plans to cut parliamentary seats, redraw boundaries and speed up individual registration. If those proposals were implemented, they would disfranchise hundreds of thousands, if not millions, of our citizens, predominantly the young and members of lower-income groups. Seats would be cut and boundaries fundamentally altered by rigid mathematical formulae devised on the basis of the current electoral register.

According to the Electoral Commission, however, some 3.5 million eligible voters are missing from the register, and that is just in England and Wales. Earlier this year, the commission reported

“under-registration is concentrated among specific social groups, with the registration rates being especially low among young people, private renters and those who have recently moved home. The highest concentrations of under-registration are most likely to be found in metropolitan areas, smaller towns and cities with large student populations, and coastal areas with significant population turnover and high levels of social deprivation.”

The commission’s study established that in Glasgow 100,000 eligible voters might be missing from the register, quite sufficient to raise all Glasgow seats to the electoral average for Great Britain and to provide for one additional constituency.

Cutting seats and redrawing boundaries in that way, without taking account of the missing voters, will produce a profoundly distorted electoral map of Britain. The map will be even further distorted if this boundary review is undertaken, as the Government have proposed, in tandem with the premature roll-out of individual voter registration, because that process will knock many more eligible people off the register—hundreds of thousands of them.

We are in favour of individual registration. Indeed, it was I who, last year, presented proposals for a new law, which received all-party agreement. But as all the parties agreed just nine months ago, to be fair the process will take both time and money.

Jack Straw Portrait Mr Straw
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I am glad to see the hon. Member for Epping Forest (Mrs Laing) in the Chamber, because she played an important and constructive part in securing individual registration. She also went on record as saying, from the Conservative Front Bench, that any future Conservative Government would never take risks with the democratic process. She agreed that we must wait for the 2012 census. It is unclear whether the Deputy Prime Minister is proposing to do that. She also agreed that there must be ways of testing the accuracy of the system, as our legislation does with the requirement for a report from the Electoral Commission in 2014, and she said in terms that we must ensure that the system was utterly watertight. I hope that she still takes that view.

--- Later in debate ---
Eleanor Laing Portrait Mrs Laing
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I certainly do still take that view 100%, but the right hon. Gentleman will recall that, when we debated individual voter registration, it was established that the system was intended to increase, not decrease. the accuracy and comprehensiveness of the register. Lessons have been learnt from what happened in Northern Ireland. Under the new system, the register will be more accurate and more comprehensive, and it will be fair to have constituencies that are of equal size, so that every vote has equal value.

Jack Straw Portrait Mr Straw
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That is the aspiration, and I do not for a second doubt the good faith of the hon. Lady. I am glad to hear her endorse those proposals—now, sadly, from the Back Benches. As she knows, however, because we had detailed and collaborative discussions on the issue, if the process for individual registration is rushed—and the phrase used in the coalition agreement is “speed this up”—the consequence will be not what she and we seek, but what happened in Northern Ireland. As the Electoral Commission spelt out, what happened in Northern Ireland in 2002 was that a sudden change in the system of electoral registration, although there was a centralised system, led to the immediate loss of nearly 120,000 names—nearly 10%—from the register. The commission said:

“The new registration process disproportionately impacted on young people and students, people with learning disabilities, people with disabilities generally and those living in areas of high social deprivation.”

--- Later in debate ---
Eleanor Laing Portrait Mrs Eleanor Laing (Epping Forest) (Con)
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It is a pleasure to speak after the right hon. Member for Salford and Eccles (Hazel Blears). I am sure that she means what she says; I am sure that she wants to see the changes of which she spoke, in her constituency and throughout the country. It is just a great pity that the Government of whom she was a member for 13 years spent all the money. She says that we have ideas for the big society, but the money is not there to do it. She is right. The money is not there because of the mismanagement of her colleagues for the past decade and a bit, and the country must remember that.

I want to make three brief points about constitutional reform. The first concerns the electoral system itself. As the right hon. Member for Blackburn (Mr Straw)—I am so used to calling him the Lord Chancellor—rightly said, some good and worthwhile changes are already in the pipeline. Individual voter registration is a very important change, because it will improve the integrity and the comprehensiveness of the electoral register. It will also improve the accuracy of the ballot. However, other matters also need to be dealt with.

We need a total overhaul of the electoral system, as we discovered during the debacle about the timing of counts at general elections. I am glad to say that once again the right hon. Gentleman and I are in complete agreement on that: I tried, and he succeeded, in changing the law on it just before the general election. We discovered that there is no clear line of accountability for returning officers. That is wrong. We also discovered at the general election the disgrace of people being denied the vote as the polls closed at 10 pm. That occurred partly because many returning officers think they are a law unto themselves. Under the current system, it is impossible to ensure consistency. This matter requires attention, and when the Government bring forward proposals on it—as I am sure they will—they will have support from both sides of the House.

Jack Straw Portrait Mr Straw
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I rise just to put it on record that, yes, it was I who legislated for early counts wherever possible, but that that was on the basis of amendments that the hon. Lady had moved and it would not have happened without them. I entirely accept what she says about the lack of accountability of electoral registration officers and returning officers and the need for change, but does she accept that ring-fencing of the funding for electoral administration would inevitably go with that—that is a conclusion that I reluctantly came to—and that whatever other arguments there might be about ring-fencing, we have to see this as part of a national system?

Eleanor Laing Portrait Mrs Laing
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I thank the right hon. Gentleman for his point, and it gives me great pleasure to be able to say for the first time in a long time what I actually personally think, because as a Back Bencher I am bound by no collective responsibility. I agree with him entirely. I personally believe that those funds will have to be ring-fenced and not simply put into the local government pot, because some local authorities, such as Epping Forest district council, handle these matters extremely well, whereas others do not do so quite so well. I therefore agree with the right hon. Gentleman that the funds will have to be ring-fenced, and also that that review of the electoral system must be undertaken as a matter of urgency.

The issue of a fair electoral system is also important. There has been much talk this afternoon about the alternative vote or AV, but there is a far more glaring anomaly, because as the right hon. Gentleman mentioned in his remarks—I think I mean my right hon. Friend the Deputy Prime Minister, although that is also quite difficult to say—constituencies should, of course, be of the same size. Every vote cast in a general election should be of equal weight and value. Some Opposition Members talked about the size of certain constituencies in terms of square miles, yet we are elected to represent not pieces of land but people. What matters is the number of people in a constituency, not its geographical size. Every vote should be of equal value, but the argument over the alternative vote is a red herring—

Chris Bryant Portrait Chris Bryant
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A yellow herring.

Eleanor Laing Portrait Mrs Laing
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Yes, I will accept that. AV would not create fairness; it would be even less proportional than first past the post. I ask the House to consider this: why should someone who supports a minority party effectively get two votes in an election, whereas someone who votes for a mainstream party have only one vote? More importantly, although I understand why my right hon. and hon. Friends on the Front Bench have agreed to a referendum on AV, the facts have not changed since we debated this matter only a few weeks ago, as the right hon. Member for Blackburn said. A referendum will cost in the region of £80 million. How many special needs teachers, how many cancer nurses, could we employ for £80 million? How many serious matters could be dealt with in this country for £80 million—matters of far greater importance in the current economic climate than arguing about how people are elected? The fact is that the British people do not care about or want a referendum on AV. If they did, they would have voted for it. Far more people said at the general election “I don’t agree with Nick” than said that they do.

The third point concerns the principle of fixed-term Parliaments, which my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) dealt with extremely well. The general election has changed the political picture, but it has not changed the constitutional principle. I cannot speak here today from the Government Back Benches and say something fundamentally different from what I said at the Opposition Dispatch Box only a few weeks ago. My principles have not changed and I do not believe that the constitutional principles of this House should change. I am very concerned about the proposed imposition of a 55% threshold, which takes power away from Parliament and gives it to the Government. Perhaps I will be persuaded in due course, but principle does matter. It is the duty of elected Members of this House to do not what is popular but what is right.