Parliamentary Voting System and Constituencies Bill
Lord Howarth of Newport Excerpts(15 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Greaves
I am talking about the supplementary vote and trying to point out why that is a bad system. However, in any long ballot paper with lots of candidates, people near the top of the ballot paper always do better than people near the bottom. That happens with multiseat elections under the first-past-the-post system, for example. If noble Lords have ideas on how to counter that issue—there are several ideas around—perhaps they can put them forward, but that is not what we are talking about today.
In the 2010 Watford mayoral election—which was won by a Liberal Democrat, so I am not making a party-political point about rejected votes, which might have been against the Liberal Democrat candidate—the number of eliminated ballot papers was 12,202. Of those, the number of valid ballot papers was only 5,381, which is less than half.
The most ludicrous example of all comes from the most recent mayoral election in Torbay in 2005—I do not think that there has been another election since—where the 14 candidates, which I agree is an extreme example, included a Conservative, a Liberal Democrat, a Labour candidate and 11 independents. The Conservative was elected on the second count after the first preferences were added to those few second preferences that transferred to the top two candidates, with a grand total of 28.9 per cent of the vote. Surely that is not a particularly efficient electoral system. The 9,094 first-preference votes for the top two candidates—who were Conservative and Liberal Democrat—accounted for 37.6 per cent of the vote. The other candidates got 15,076 first-preference votes, which is 62.4 per cent of the vote, but only 3,199 of those 15,000-odd votes—that is, 21 per cent—could be transferred. Almost half—49 per cent—of all second preferences votes did not count because they were not transferred, although they accounted for nearly 79 per cent of second preferences. I am not complaining about the fact that the Conservative was elected—the Conservative might have been elected under AV—but what a hopeless voting system to end up with a result like that.
The supplementary vote results in people being cheated out of their second preferences. SV is an inefficient and unnecessary system that was invented for party-political reasons by the Labour Party, which imposed it on the mayoral elections. The supplementary vote is a very bad system that should be rejected.
Lord Howarth of Newport
In Amendment 25, the noble Lord, Lord Campbell-Savours, has offered a lifeboat to the coalition, just as my noble friend Lord Rooker did the other day, when—slightly to their surprise—the coalition Government found themselves in another lifeboat. For two reasons, they might do well to take a ride in it.
First, the alternative vote system proposed in the Bill plainly will not work. It would be very foolish for the Government to plough ahead with the proposal because the inadequacies of the system will be exposed in the process of the campaign. There may not have been a seminar on that in the Cabinet room, but there will be a national seminar. If the system is as fallacious as I believe it to be, those weaknesses will ineluctably be exposed and the campaign for the alternative vote will disintegrate and become a fiasco. That might be a matter for some quiet satisfaction to the noble Lord, Lord Strathclyde, but it should be a matter of some anxiety to the noble Lord, Lord McNally, and indeed to all of us. Whatever our views on the rights and wrongs of holding a referendum, getting rid of first past the post and having AV instead, none of us wants to see this process reduced to complete impracticality and ridicule, which is what I fear will happen.
Noble Lords would do well to heed the arguments of, and to use the opportunity put forward by, my noble friend Lord Campbell-Savours. The noble Lord, Lord Greaves, has sought to persuade the House that the supplementary vote is a bad system. In those very interesting exchanges, my noble friend Lord Campbell-Savours seemed to have the better of the noble Lord, Lord Greaves, in the argument. The supplementary vote system has been road-tested in this country through the practicalities of election campaigns. I am not aware of any significant public dissatisfaction of the practical operation of the supplementary vote system. In Amendments 22 and 25, my noble friend Lord Campbell-Savours has offered a lifeboat to the Government; they would be very wise to accept the opportunity that he has presented to them.
Parliamentary Voting System and Constituencies Bill
Lord Howarth of Newport Excerpts(15 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Howarth of Newport
My Lords, I fear that a number of important issues are all too liable to become confused in the minds of electors on 5 May if the referendum is held on the same date as the local elections. The Government are understandably preoccupied with advancing their policy of a referendum in which the people of this country will be offered a choice as to the future system of elections to the House of Commons. It is a profoundly important issue. Also to be held on that day are local elections, which are profoundly important as well. We ought to keep the interests of local government in the forefront of our minds, as there is a question about respect for local government that we should consider very carefully. However, perhaps I may come back to that point in a second.
Whichever side of the argument we may be on—in favour or against the alternative vote system—and whichever side we are on in the argument about whether there should be some sort of change to the system of electing Members of Parliament, I think we all agree that this is a momentous issue of the utmost importance. It is also an issue that will be considered only on very rare occasions in our political life. I believe that there is a compelling case for keeping the nation’s deliberations on that issue distinct from the deliberations on other important issues that are to be put to the vote. Therefore, in the interests of clarity and wise decision-taking, and, as my noble friend Lord Rooker put it to us, in the interests of simply not rushing the process, there seems to be a very strong case for holding the referendum separately from, and later than, the local government elections.
The noble Lord, Lord Fowler, argued in favour of holding the two elections on the same day precisely on the basis that the referendum is extremely important and that it would be most unsatisfactory if it were to be determined on a low turnout. However, I put it to the noble Lord that there is a better and more reliable means of ensuring that there is an adequate turnout, which is to introduce a threshold requirement into this legislation. That is a debate for another day but I think we shall have that debate. Personally, I hope very much that Parliament will conclude that we should not change anything so fundamental in our constitution as our system of elections to the House of Commons on a derisory turnout, that we should insist on a requirement for a minimum percentage of those entitled to vote and that, if that minimum percentage is not reached, there will be no change to the system. I think that that is a better way to secure the entirely valid objective of the noble Lord, Lord Fowler.
Perhaps I may come back for a moment to the question of respect for local government. One sadness of my political life is that in all the years that I have been in one House of Parliament or another I have seen local government disparaged and demeaned, and, if I may say so, that has been all too characteristic of Parliament and of Governments of all parties over a long period. We are at risk of showing insufficient consideration and respect for the validity and importance of the local elections on 5 May next year. One understands why in the mid-1970s central government felt that they had to move to restrict some of the more exciting activities of local government. Indeed, one Secretary of State said that the party was over.
But the Treasury—above all, the Treasury, I believe—exploited that opportunity quite ruthlessly. Expenditure in this country and power in this country are, in a way, a zero-sum game, and the Treasury was deeply resentful of any fiscal independence on the part of local government and of any independent rights that local government might have to raise money. So we saw increasing restrictions. We saw capping. We saw limits on borrowing. We saw an increasing tendency of government to ring-fence the grant to local government through specific grants. All of this has been profoundly bad for our democratic culture in this country. If there is an alienation from our politics in this country then I believe that, in important measure, it stems from this source. Therefore I think that we should always think very carefully about the standing of local government, the dignity of local government and, indeed, the independence of local government to act as a check and a balance within our constitution and within the power structure of this country.
To muddle up the issues on 5 May next year could with some justification be interpreted as cynical and as far too characteristic of the habitual attitude of central government and, I fear, of Parliament to local government. For that reason also, therefore, it would be unfortunate if the two sets of elections were to be held on the same day next spring or early summer. However, the amendment in the name of my noble friend Lord Rooker is not prescriptive in this particular matter. It allows a margin of flexibility. It allows the Government to reflect carefully on whether it is wise to hold the referendum on the same day as the local elections. As my noble friend said, it also provides a contingency margin so that, if we do indeed find that the preparations cannot be advanced with sufficient speed and the conditions in which the referendum would be held would be unsatisfactory, the Government can with dignity adjust the date and we can still go ahead with the referendum on this extremely important issue, but we can do so in a sensible set of circumstances. So I hope that the House will be willing to support my noble friend Lord Rooker if he presses his amendment this afternoon.
Lord Soley
My Lords, I rise with one intention only: to ask a specific question of the noble Lord, Lord Strathclyde, and ask him to deal with it in his response. In asking it I should declare an interest as one of the political panel drawn from all the political parties, from both the House of Commons and the House of Lords, who act as advisers and information givers to the Electoral Commission.
At the moment the Electoral Commission believes that it is possible to hold these elections on joint dates without problems. Along with everyone else, however, it acknowledges—I think this was the key point made by my noble friend Lord Rooker—that problems could arise; and if they do arise, that will have a major impact on how well the referendum—or indeed the elections, but particularly the referendum—is held.
If in the course of events the Electoral Commission decides that it is not able to conduct a referendum in a manner that is acceptable to both national and international standards, will the Government put off the referendum to another date? That is an important question and I hope the noble Lord will address it with some care.
Lord Howarth of Newport
I am very grateful to my noble friend, who has certainly done his homework and research very carefully indeed. Have I been advised correctly that the type of AV system that the Government propose should be used for elections to our House of Commons is found elsewhere in the world only in Papua New Guinea and Fiji? Has my noble friend, in the course of his research, found any lessons of more general application from those two laboratory experiments, which may be useful for us to think about as we consider an appropriate system for use in this country in the future?
Lord Campbell-Savours
I have identified those areas, but I think that the more relevant results are those in Queensland in Australia and in Scotland, which we will go through in some detail as we proceed on the Bill.
Lord Strathclyde
I accept the noble Lord’s point; he has made it before. Perhaps if we were doing it differently, it would be done in a different way. For reasons of confidentiality and of making a statement, and rather than allowing the rumour mill to flow, it was right to make the decision we did.
Lord Howarth of Newport
Can I tempt the Leader of the House to apologise on behalf of the Government to Members of the Scottish Parliament and the Welsh Assembly, as I think there has been discourtesy towards them? He was good enough to say just now that possibly, if the Government were doing this again, they would do it differently. Will he go a step further and make a handsome apology? They have been treated with discourtesy and disrespect.
Lord Strathclyde
I do not believe in apologising when I am not fully aware of the facts.
Lord Howarth of Newport
This amendment is a helpful and important one. It certainly needs more work, and I do not think that it should be passed as it is at present drafted, but it points in the right direction. The political parties have been right to come to the view, and have somehow stumbled in the past 12 months or so into agreement on the notion, that it is now timely to offer the opportunity to the people of this country to revisit their electoral system and consider whether they want change.
It is too melodramatic to talk in terms of a crisis in our political culture, but it is realistic to acknowledge that there is a malaise and a widespread disaffection from our politics, and a widespread view that elections are determined by small numbers of voters in small numbers of constituencies, and therefore that large numbers of votes are wasted. That is wrong in principle and unsatisfactory in practice. It may be that the malaise would be dispelled were we to be blessed with good government. If we were to enjoy a period of government under which the people of this country came to the view that they were being wisely and benignly governed in the interests of all the people and that they could look forward to unlimited peace and prosperity, no doubt the demand for constitutional change, such as it is—it is not very well articulated, but I think that it is there—would abate.
Lord Foulkes of Cumnock
Would my noble friend care to come with me to Scotland, where we have had a change in the electoral system for the Scottish Parliament for the past 10 years, and where he will certainly find that that malaise has not been dispelled? He is living in a fool’s paradise.
Lord Howarth of Newport
I absolutely recognise the force of what my noble friend says and would be happy to visit Scotland with him at any time. However, I disagree with my noble friends Lord McAvoy and Lord Grocott, who contend that there is simply no public interest in this question. While I accept that it is something of a preoccupation of the chattering classes and the professional political class, those of us in politics who believe that there is significant dissatisfaction in our political culture and that it has something important to do with the electoral system simply seek to understand the public mood and to see what ways there might be to improve on it.
It is right that we have a referendum on the future electoral system to be used in this country for elections to the House of Commons, but if we are going to do it we should do it properly. It seems quite absurd to have a great national debate and to go through all this palaver, expense and effort to resolve a timid and incomplete choice between first past the post and the alternative vote. If we are to have a referendum on the future electoral system of this country, a rare and very important event, then let us allow the people to have the choice between the range of plausible and significant systems. I support my noble friend Lord Campbell-Savours in his view that the supplementary vote should be among the choices offered at a referendum. That means, if we are going to do it properly, we would have to take time over it and the debate would have to be much more extended.
It makes no sense at all to try to rush a debate of this complexity and importance through in the brief period between whatever date this Bill gains Royal Assent and 5 May. Let us have a sustained exercise of political education and debate, following which a decision shall be made. How that decision should be arrived at—the technicalities of the choice to be offered in the referendum—certainly needs more careful examination. I am worried that offering a choice between four major options —but that choice to be determined by AV, which is among the choices to be offered—might somehow bias the outcome. I do not know; I think these things need careful thought. But we should not fluff this opportunity. We should enable all the important choices to be fully considered. That must surely be right. From a personal point of view, I suspect that I would end up voting for first past the post. But it is right that everybody should have the freedom to decide between the major serious options. This amendment is not the occasion to rehearse the virtues or defects of any particular electoral system. The question is whether the full choice should be offered to the people, or the limited choice that it has suited the political parties to offer so far. I hope that it will be the wider choice.
Lord Touhig
My Lords, I would not go into the Lobby and support the noble Lord if he were to push this to a vote tonight, but I welcome proposed new subsection (4) which states:
“In Wales, a Welsh version of the question is also to appear on the ballot papers”.
I remind noble Lords that Wales is the only part of the Union where a substantial number of people speak two languages. Indeed, 20 per cent of people in Wales speak English and Welsh, so it is important that any ballot paper should contain information in both languages. Indeed, there are five parliamentary constituencies in Wales—Ynys Mon, Arfon, Dwyfor Meirionnydd, Ceredigion, and Carmarthen East and Dinefor where the majority of people speak Welsh as their first language. We will come to that when we come to the part of the Bill on boundaries. I hope that we will have support around the House when we try to ensure that those Welsh-speaking areas will not have their representation in the House of Commons diminished.
Parliamentary Voting System and Constituencies Bill
Lord Howarth of Newport Excerpts(15 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Sewel
My Lords, when it comes to major constitutional change, there is some benefit in looking at what has happened in the past when Parliament has confronted the best way of proceeding—a way that enables Parliament clearly to have the decisive say but nevertheless has reference to the directly expressed will of the people.
I hope that the House will forgive my making reference to Scottish devolution. There were two attempts to establish Scottish devolution. The parliamentary processes of those two attempts were markedly different. In 1979 there was a Bill that was amended by Mr George Cunningham—in the Cunningham amendment. This is where we pick up the point made by my noble friend Lord Rooker. Because it was effectively a referendum to implement the Bill, the Cunningham amendment was a threshold amendment. The Secretary of State was required to move an order abandoning the whole project because the threshold was not met.
In 1997 the process was different and, I think, sounder. Then the party went to the electorate with a manifesto commitment. It then produced a White Paper and held an indicative referendum on the White Paper. Parliament then considered the Bill in the light of the referendum. That seemed to be the better way of doing things. It enabled a fully informed debate to take place on the basis of the proposals in the White Paper. There was a national debate on devolution in Scotland and Wales, which people could understand much more clearly and meaningfully from a White Paper than through the technicalities of a Bill. There was the clear expression of the people’s choice through a referendum. Parliament then proceeded in light of that to produce a Bill that satisfied both the manifesto commitment and the referendum outcome.
That is the best way forward. If the Government do not accept the amendment of the noble Lord, Lord Rooker, they will face the problem of thresholds. Thresholds are difficult; they have an element of subjectivity and politics-playing comes into them. It would be much better, clearly, for this referendum to be indicative, with Parliament then making the final judgment on the basis of its outcome and the degree and strength of the views expressed by the people through it.
Lord Howarth of Newport
My Lords, it would be a good deal safer, and therefore wiser, for the referendum to be indicative rather than mandatory. One reason is the hasty and, frankly, slipshod manner in which the proposition in the Bill has been formulated, has been presented to Parliament and will be presented to the people. These are decisions that have been made in haste and without adequate consideration by all parties.
I confess that it was something of a surprise to me when the Labour Party adopted the alternative vote as party policy. I am not aware that there had been intensive internal consideration within the party. Perhaps I was not listening or was looking the wrong way; or perhaps people, rather wisely, decided not to ask my opinion on the matter. At all events, it was a hastily arrived-at policy shift. If it was hastily arrived at by the Labour Party, it was a good deal more hastily arrived at by the Conservative Party and, I dare say, by the Liberal Democrats. As we all know, the Liberal Democrats did not want AV and the Conservatives did not want AV, yet in this curious fashion they found themselves united in proposing that, after all, it would be a good way to reform the voting system of this country.
As the noble Lord, Lord Deben, said in the previous debate, you can hardly imagine a more momentous constitutional decision. It is important to think extremely deeply and carefully about how we alter our voting system. Few things could be more important to how we live and how we will be governed, yet self-evidently there has not been any careful pondering of this question. The haste of the timetable that is proposed in the Bill means that, just as Parliament and the political parties will not have thought about it with the care that it warrants, nor will the people have had the opportunity to do so. It is, therefore, all the more important that the referendum should be indicative, in that it would give Parliament the opportunity to think further about what it may be appropriate to do in the light of the advice given by the people.
That is more the case now that the House has not approved the amendment proposed by my noble friend Lord Campbell-Savours. It would have been a wise device to enable the merits of alternative versions of alternative voting to be expertly and objectively considered, so that Parliament would have the opportunity to think more carefully than it so far has about which system of alternative voting—if it is to be the alternative vote—should be proposed to the people. If that process is not to go forward, that is another reason why it is important that all concerned should be able to deliberate on these matters for rather longer.
It seems to me also that if we have an indicative rather than mandatory referendum, it will preserve the rightful authority both of the people and of Parliament. I am not an enthusiast for referendums but an exception should be made where the question at issue is major constitutional change and, perhaps most importantly, how the electoral system might be altered. We are trustees of the constitution on behalf of the people who elect their representatives to the other place. In this House we have an important watching brief—a kind of trusteeship of the constitution—to ensure that things are not done recklessly, shoddily, hastily or, in so far as we can influence and determine this, unwisely. Therefore, I am not against a referendum on a major constitutional issue. The people who confer political authority on parliamentarians to act on their behalf should have the right to determine by what system they do so.
Equally, if we subject issues routinely to referendum, we undermine Parliament. I am not an enthusiast for referendums but it is appropriate in this case. If it is indicative rather than mandatory, not only do we give the people the opportunity to have their considered say but we uphold the authority of Parliament finally to determine these matters. For both those reasons I hope very much that the House will approve the amendment in the name of my noble friend Lord Rooker.
Lord Hamilton of Epsom
Like my noble friend Lord Deben, I too have great reservations about referenda because they undermine the sovereignty of Parliament. If the result of this referendum is absolutely overwhelmingly in favour of AV, then there is no way that Parliament could ignore the expressed wishes of the people. I do not quite know why my noble friend Lord Tyler is concerned about it being “indicative” rather than “mandatory”. The noble Lord, Lord Rooker, is right. If a very narrow vote completely changed our voting system, then Parliament should have the option of being able to think again to explore the issues because Parliament has a right and responsibility at that point to give its advice and to debate the issue rather more widely.
Let us face it—we have not had many opportunities to debate this form of voting and an awful lot of the people in this country do not really understand it at all. If this referendum happens, the turnout may conceivably be boosted if we hold it on the same day as the local elections. If it was held on any other day, the turnout would be very low indeed and it would be quite difficult to say that this was a seriously expressed wish of the people of this country. However, as I say, if there is a clear and overwhelming majority in favour of AV, Parliament could not in any way ignore that and the arrangement would have to go through. To be concerned and worried about the idea of this being “indicative” rather than “mandatory” shows a certain sort of paranoia on behalf of those people who believe in this referendum. I advise my noble friends not to be too concerned about it.
Parliamentary Voting System and Constituencies Bill
Lord Howarth of Newport Excerpts(15 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Farrington of Ribbleton
I am surprised that neither the noble Lord, Lord Hunt of Wirral, nor the noble Lord, Lord Tyler, referred to the big change that will be made in the process and procedure for determining constituencies. I do not declare an interest because at the moment I do not have a vote in elections to the House of Commons. However, I know from years of experience in politics that the public are very interested in and concerned about the process of how parliamentary boundaries are determined. I believe that we have a duty and resent anyone telling me that I am party to time-wasting. In my imagination, I could hear the howls of rage that both noble Lords I named would have uttered had the previous Government attempted to do away with the right of people in our communities to express a view.
Ultimately, I would like to be out of this place and have my vote back, because, as noble Lords know, I have a personal commitment to reform of your Lordships' House. However, while I am a Member, I bitterly resent anybody implying that my motives are unworthy. In my experience, the Conservatives’ partners have in the past used to the full their right to locally-based inquiries into where boundaries should be. On this issue, we are defending the rights of communities to speak for themselves. We are the only ones who can do it, and if we do not, the rights will be abolished.
Lord Howarth of Newport
My Lords, before the noble Lord, Lord Hunt, effectively accuses this side of the House of procedural malpractice, he might care to consider that the coalition is introducing radical proposals for constitutional reform without any authority to do so from the electors. He might also care to consider that the Bill comes to us from the other place with very important parts of it entirely unexamined, both in Committee and on Report. Against that background, perhaps he would accept that it is the duty of the Opposition to scrutinise this legislation exhaustively.
The Chancellor of the Duchy of Lancaster (Lord Strathclyde)
My Lords, we are in danger of having a rerun of Second Reading: let us not to do that. I thank the noble and learned Lord, Lord Falconer of Thoroton, for what he said. I completely agree with much, although not all, of it. He spotted that the Motion before us is defective and would not do what the noble Baroness intends. I am glad that he confirmed that, if there is a vote, he will not be able to support the Motion. I thank my noble friend Lord Hunt of Wirral, who spoke extremely well, and my noble friend Lord Tyler, who made some important points about the Bill, some of which I will return to.
Most Peers came here to attend the Committee on the Bill. Instead, we have had yet another procedural device. I am not questioning the motives of the noble Baroness. I am sure that she believes that it should be two Bills rather than one. However, to put that Motion now gives the impression that noble Lords opposite do not want to engage in the proper debate in Committee that I hope we will have in a moment.
Noble Lords opposite do huff and puff rather too much. Only a few months ago, earlier this year, we had the previous Government’s Constitutional Reform and Governance Bill. Noble Lords opposite will remember that legislation joyously. It included provisions on no fewer than 13 different subjects ranging from a referendum on the alternative vote to freedom of information, the removal of hereditary peers and the ratification of treaties. Not one Peer opposite—including the noble Baroness, Lady Hollis—jumped up with great outrage about how wrong it was to do that. It was not wrong then, and it is not wrong now.
Parliamentary Voting System and Constituencies Bill
Lord Howarth of Newport Excerpts(15 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Rennard
My Lords, I thank the noble Lord for that point. As many noble Lords will know, I was very proud to be his agent in elections some years ago. We have discussed this issue many times. I noted very carefully his comments when he spoke of it not being a question of persuading people that they should have more options than simply two. I wish it were as easy as that because I think the electorate could cope very easily with that choice, as other electorates do in a number of elections in other countries. It is not a matter of persuading the people that they could do this; it is a matter of persuading people in other parties to allow this to happen. Sadly, people in other parties will not allow it to happen so we have to make what progress we can.
Lord Howarth of Newport
My Lords, I remain very puzzled by the noble Lord’s explanation. Surely, Mr Clegg simply messed up the negotiation. He was in a very strong position indeed to get anything he wanted into the coalition agreement and he missed the opportunity to get STV on this ballot paper.
Lord Rennard
My Lords, I can think of a number of very good books that are to be recommended, some of which are currently in circulation and more are due out, which will explain the fallacy of that argument. From personal experience of the 1990s, I know there were clear commitments from the party which the noble Lord now represents to hold a referendum on proportional representation and to support the outcome of that referendum. In 13 years of trying, no progress was made. More progress has been made in the past six months at least in allowing the voters to have some say on this key issue of how representatives who serve them should be chosen than was made in the 13 years the Labour Party was in office with three good majorities and a manifesto in 1997 pledging to give people the choice between proportional representation and first past the post. I am grateful now that at least some progress is being made and a precedent is being set to allow people some say in how their representatives are chosen.
Let me briefly address the question of the boundary review, because it is a very important part of the Bill. I think that the consequences of the reduced and equalised proposals are greatly exaggerated by many people. Most of the academic research on the issue confirms that marginally reducing the number of MPs increasing slightly the size of the average electorate, and making the number of the electors in each seat close to the average will not have much benefit or disbenefit.
I am sorry that the noble Lord, Lord Wills, is not in his place, but he made the most effective points psephologically in our debate so far. He pointed to a number of factors as to why there is the apparent advantage—it has been described as an 8 per cent advantage—that the Labour Party holds over the Conservatives in the present voting system. He highlighted a number of reasons why, of that apparent 8 per cent advantage, very little is to do with the different sizes of electorates in Labour and Conservative-held constituencies.
The highly respected psephologist, Lewis Baston, was also prayed in aid by noble Lords opposite a few hours ago. He has made calculations suggesting that perhaps eight or 10 seats may be varied between what the Conservative Party or the Labour Party might have as a result of these reviews. Those are figures in line with all the previous Boundary Commission reviews—and there have been three in the past 27 years. There is no big change out of this.
To some of those whom I must now call my noble friends, I must say that the enthusiasm in their party for making these changes—although I note a little lack of enthusiasm looking at their Benches at the moment—is misguided, but so is the opposition on the Labour Benches to the changes, because they will not actually have a big outcome in the general election. Of course, changing boundaries is never an easy process for MPs, candidates or parties, but the principle that MPs should generally have the same number of electors must generally be a sound one. It is the same principle for which the rotten boroughs were eventually abolished by the Great Reform Act 1832. It is not a principle that is unusual, unfair or undemocratic, and it has been at the heart of all the previous boundary reviews—perhaps in a less rigid way—conducted under previous Governments.
I close on what is a very important point for me about the process of the boundary reviews. I think that the Bill may make the problem of redrawing the boundaries a little more problematic than it needs to be. All the previous Boundary Commission reviews have had a guideline asking them to respect the need to minimise inconvenience among other logical factors when redrawing boundaries. The Bill provides for that provision to apply in reviews for the 2020 general election and in subsequent reviews, but it does not do so for the next review to be published in September 2013 for a general election in 2015. There will, of course, be significant changes to constituency boundaries when there are significant reductions in the number of MPs.
Of course, it would be much easier for the staff in the Boundary Commission to start with clean maps that do not have existing boundaries marked on them which must be considered as part of the new configuration, but I believe that it would be much better to allow the commission to take into account the existing boundaries—at least as far as it sees fit. This would go a little way, at least, to addressing the many concerns raised in the debate about the consequences of the review in many areas.
Parliamentary Voting System and Constituencies Bill
Lord Howarth of Newport Excerpts(15 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Howarth of Newport
Does the noble and learned Lord accept that the determination of the size of a constituency affects not only the right to vote but, subsequently, the nature of the relationship between constituents and their Member of Parliament? In the case of Orkney and Shetland, where there would be only 37,000, and that of the Western Isles, where there are only 22,000, would their local and private rights not be differently treated by a Bill which otherwise created constituencies of 76,000, plus or minus 5 per cent? Would it not mean that the relationship between the Member of Parliament and his or her constituents in these two constituencies was fundamentally different from that of the Member of Parliament to his constituents elsewhere? Does that not therefore indicate that local and private interests are differently treated by the Bill? In that case, have we not passed the low threshold? I remind the House of what the Speaker said in the 1962-63 Session:
“I accept the true position to be this, that if it be possible for the view to be taken that this Bill is a Hybrid Bill it ought to go to the examiners. There must not be a doubt about it”.—[Official Report, Commons, 10/12/62; col. 45.]
Have we not cleared the low threshold?
Lord Lloyd of Berwick
I have already dealt with the threshold point. I accept and have always accepted that the threshold is low, but in this instance I suggest respectfully to the House that the threshold has not been crossed. As to the rest of the noble and learned Lord’s argument, it seems to go much further than the simple point that I am trying to make, which has to do with the meaning of “private interest” in the relevant Standing Orders. On that, I find myself in complete agreement with the views expressed by the Clerk of Public and Private Bills. I expected to be asked whether I had read the opinion of the leading counsel, who appears to have expressed a different view. I have no doubt that if I had read that opinion I would be better informed than I am, but I am not altogether sure that I would necessarily be any wiser. Certainly, doing the best that I can, it seems that the Bill is not hybrid.
Baroness Scotland of Asthal
My Lords, noble Lords will also know what happened to that Bill. There is still time for discussion: we will be discussing the new Bill now. I say very clearly that this is not merely a political instrument being used for pernicious purposes, which is what has been suggested and what has made me feel very disappointed in noble Lords opposite.
Lord Howarth of Newport
My Lords, does my noble and learned friend agree that the Bill comes to us not only fresh but substantially unexamined in the other place? Very important elements—Clauses 3 to 6 and Clause 11—were entirely unexamined in Committee and on Report. Is it not incumbent on this House to make absolutely certain that we follow the correct procedure to ensure that this extremely important constitutional legislation is examined in the appropriate manner?
Intelligence and Security Services: Treatment of Detainees
Lord Howarth of Newport Excerpts(15 years, 7 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Strathclyde
My Lords, I thank the noble and learned Lord for what he has said. He says it from a most authoritative position, with all his experience in reviewing terrorism legislation in the past. I am insufficiently well versed in these matters to know whether or not the Law Commission presents an exact precedent but, if the noble and learned Lord says that it does, I am happy to accept it. I also agree with him—this is important for those who might make comparisons with the Saville inquiry—that the scope of this inquiry is very different from that laid out by Saville. As we said at the time, we do not wish to see any more open-ended inquiries of that style. Again, I agree with the noble and learned Lord: there is no reason why it should not be able to complete within the next 12 months.
Lord Strathclyde
Again, my Lords, it is encouraging to receive the noble and learned Lord’s welcome and support for the principles that underlie the Statement. It is important, when we are dealing with these matters of national security, that there is as wide an agreement across the parties as possible. The noble and learned Lord’s experience in this matter will give a lot of encouragement to others who are involved.
His first question was whether the inquiry will look at the reasons behind Guantanamo. I expect that it will be up to the inquiry to take a view about how important that is, and I cannot answer for the inquiry. I do not suppose that the topic will be excluded, but if it is, I shall write to the noble and learned Lord.
Secondly, on the timing of the inquiry, we would like it to start as soon as possible but it cannot begin until most of the legal proceedings have been dealt with, hence the reason for coming forward with mediation. It depends on the satisfactory resolution of the other legal proceedings. I also agree with what the noble and learned Lord said: the longer it is delayed, the more difficult it is to have this inquiry, so it is in everyone’s interest to reach the start date as soon as possible.
As for the noble and learned Lord’s third question, about the future and intercept evidence, I have my noble friend Lady Neville-Jones, our Security Minister, next to me here. The whole issue of intercept evidence still has to be resolved.
Lord Strathclyde
My Lords, the noble Lord is experienced and knows full well about the bravery and work of our security services. As far as extraordinary rendition is concerned, there is no barrier whatever to the inquiry looking into such issues and the matter of Diego Garcia if that should be pertinent to it.
Lord Strathclyde
The Green Paper is a Green Paper. It will be published next year. Because of that, we have not yet decided what will go into it.
Lord Howarth of Newport
My Lords, I was a member of the parliamentary Intelligence and Security Committee for four years. My whole disposition is to believe in the good principles and integrity of the agencies, and in their competence as they go about their crucial work which, as the Statement reminded us, often comes at a high price to them and their families. Is it not the case that because of the real danger of terrorist assaults on our people and of weapons of mass destruction getting into the hands of terrorists or irrational regimes, we live in a permanent state of emergency, and that the secret state is no less powerful now than it was in the Cold War? Will the Government ask the panel of inquiry, if it should find that there have been failures of standards, to propose reforms to the apparatus of deception and secrecy—necessary deception and secrecy—so as to make sure, as far as possible, that there would not in the future be covering up of embarrassments; concealment of crimes; circumvention of parliamentary oversight; and, at worst, manipulation of Ministers and disabling of the proper processes of policy-making?
Everybody must surely welcome without reservation the appointment of Sir Malcolm Rifkind to chair the ISC. Will the Government consider further empowering the ISC so that it can have access to persons and papers as it requires, without having to seek special permission from Ministers, case by case; and supplying it with a stronger secretariat to enable it to use those powers, so that if the parliamentary committee has the political will, it will be better able to do the job of exercising oversight and ensuring accountability to Parliament?
Lord Strathclyde
My Lords, it is because all those who have spoken today and the Government care so much about the integrity and reputation of the security services that we have made this Statement. It is not just about their reputation in the United Kingdom. What is so important is the international reputation of the security services. That is why we need to find out the truth of the allegations. When the inquiry comes to its conclusions, we will be able to see what action, if any, needs to be taken. None of us is in favour of anything being covered up, whether the defence is in the public interest or not. We wait for the inquiry to reach its conclusions.
As for the ISC, I am glad of the noble Lord’s welcome for the chairman, Sir Malcolm Rifkind. I think we all agree that he will do an extremely good and useful job. On the ISC generally, the Government are committed to maximising the role of the oversight mechanism, which is why the Prime Minister has appointed a strong and experienced chairman who has committed to serving for the full parliamentary term and to undertaking a serious work programme, including public hearings. What “maximising the role of existing oversight mechanisms” means at this stage is something that will be reviewed in due course.
Energy: Renewables
Lord Howarth of Newport Excerpts(15 years, 7 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Marland
I thank my noble coalition colleague for that question. For some people who may not have the noble Lord’s knowledge, anaerobic digestion needs to be encouraged. It is a recycling of waste—sewerage, animal waste and food waste—that creates biogas. It is a very important development. My honourable friend in the other place, Mr Greg Barker, has organised a stakeholder event in the Recess to discuss the development of this kind of renewable energy.
Lord Marland
I am very grateful to the noble Baroness for her question. She is quite right; the planning process is fundamental to renewable energies and we have to put great emphasis on it, and I am afraid that we have to accelerate it because it had become stuck in a mire. I am not sure that the IPC is the right method for doing that. We shall put energy into reforming that area. I am grateful to the climate change committee for recommending it.
Lord Howarth of Newport
My Lords, in seeking to pursue their laudable aim of increasing the proportion of energy consumption supplied by renewables, how will the Government ensure that the landscape of this country is not disfigured by a rash of ill-planned wind turbines?
House of Lords Reform
Lord Howarth of Newport Excerpts(15 years, 7 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Howarth of Newport
My Lords, an elected second Chamber is the wrong answer to the wrong question. Even those who accept the Prime Minister’s melodramatic characterisation of our politics as broken cannot claim that dissatisfaction with the House of Lords so much as registers among the public’s concerns—notwithstanding the grubby efforts of the Mail on Sunday and the Sunday Times. Public dissatisfaction with our political culture arises mainly, I believe, from two other sources.
First, people think that power is excessively centralised in London. Too few decisions are taken locally. Too much political power resides in Downing Street. Associated with that is a widely held view that the House of Commons is excessively dominated by the Executive. There is good will towards the coalition, a hope that it may portend a fresh politics, but that sentiment has not dissipated the folklore that Members of Parliament are too biddable by their leaders and Whips and, as exposed by the expenses crisis, venal. Unfair though this is, the House of Commons has a lot more to do to vindicate itself to the people. We are entitled to retort to the eager proponents of Lords reform in the other place, “Physicians, heal thyselves”.
We can applaud the new localism professed by the coalition, but if and only if it means a revitalisation of democratic local government and not a marginalisation of it. Reform of the House of Commons and renewal of local government are the right priorities for constitutional reform. Reform of the House of Lords will, at best, do nothing to mitigate public disaffection from politics and, if it is to mean a second elected Chamber—costly, docile, weak and otiose—it will actually make it worse.
The second principal source of malaise is the malfunctioning of the media. Our politics suffers profoundly from the relentless cynicism, triviality and sloppiness of so much political journalism. There is no solution to this at the disposal of constitutional reformers. The best we can hope for is that we might, over time, have better educated citizens who will insist on better political journalism.
Why would people want to create an elected second Chamber? For some MPs, it is good enough that it looks progressive and deflects public indignation from the House of Commons. For Mr Cameron, embarking on it at this stage is a price worth paying to have Mr Clegg on board. For some Ministers, it will be attractive no longer to suffer the inconvenience of a second Chamber that does revise their legislation and from time to time blows the whistle on seriously misguided policy. Rather than those independent Cross-Benchers and former senior parliamentarians, how much easier to have a second Chamber of elected placemen, placed by patronage on the party list under PR, people more like Prufrock,
“an attendant Lord, one that will do
To swell a progress ...
an easy tool,
Deferential, glad to be of use,
Politic, cautious and meticulous;
Full of high sentence, but a bit obtuse;
At times, indeed, almost ridiculous”.
If those explanations are too harsh or fanciful, it is difficult not to take the view that, in the present circumstances of our country and the world, for senior members of the Government to be channelling their energies into abolition of the House of Lords is displacement activity, a frivolity. In the scale of things, reform of the House of Lords is neither here nor there; that, I am quite sure, is the view of the public. People will stop worrying about political institutions if they become confident that the politicians they have elected are making wise judgments about the big issues, tackling them with determination, courage and effectiveness and offering inspiring political leadership; that is the proper path to democratic renewal.
None of this is to say that reforms of the House of Lords are not still needed, following the major reforms since 1999: the removal of most of the hereditary Peers and the establishment of a Supreme Court, separate from this House. We are proud of this institution, but we are not complacent.
My own agenda is fourfold, aligned with that set out in the latest Bill and the Motion tabled by the noble Lord, Lord Steel of Aikwood. We need to open the way to abolition of the hereditary principle for membership of the legislature. We need to place the Appointments Commission on a statutory basis and task it to improve further the representativeness—representativeness of civil society—of your Lordships’ House, a House which is already more diverse in terms of experience, gender, ethnicity and disability than the House of Commons. We need to disqualify from membership Peers guilty of serious criminal offences. And we should introduce a term for membership. I would go further than the noble Lord, Lord Steel, in not only making provision for retirement, but abolishing the right to sit in the legislature for life.
The reforms proposed by the noble Lord, Lord Steel, and backed by so many of us on both sides of the House, are reforms that the previous Government would not countenance and nor would the noble Lord, Lord Strathclyde. He showed no sign today of becoming any more pragmatic in office than he was in Opposition. If he would only abandon his dogmatic attachment to an elected second Chamber, he could carry the House in support of a substantial set of reforms.
What most noble Lords seek is not abolition of the House of Lords, as advocated by the Leader of the House of Lords, but reform to consolidate and enhance the existing capacity of this House to do the job that the public want it to continue to do: to scrutinise legislation thoroughly and rigorously and offer amendments; to debate the issues before the country with expertise and relative impartiality; to advise; sometimes to propose restraint to overweening central government and a House of Commons that finds it hard to shake free of party conformism; to prompt second thoughts and a pause to get things right. This is the contribution that we make as a House of Parliament. The problem is not a lack of democracy at Westminster. So long as this is an unelected House, we will not defy or block the democratic House of Commons. Would it not be sensible to settle for this kind of complementarity?
What motivates so many of us, who value this House, to oppose its replacement by an elected Chamber is not self-interest but a deeply held belief that such a change would be damaging to Parliament and the quality of government. As I have said again and again, the onus should be on those who propose an elected House to explain how it would improve the performance of Parliament. None of them has yet been able to do so.
G8 and G20 Summits
Lord Howarth of Newport Excerpts(15 years, 7 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Strathclyde
My noble friend is right to draw attention to development aid, a matter which very much dominated the discussions of the G8. That delivered for the first time a comprehensive accountability report which assessed transparently the G8 progress against its development-related commitments. In the communiqué the G8 leaders reaffirmed their commitments on overseas development aid, on aid effectiveness and on HIV/AIDS. Furthermore, however cynical one is—and I am not suggesting for a moment that my noble friend is cynical when it comes to these matters—about a very serious attempt to give a new priority to these initiatives, the House will recognise that there was an agreement in the Muskoka initiative which means that funding for maternal, newborn and child health will be the new priority.
On the question of climate change, I can understand why my noble friend should feel aggrieved that this could be debated and discussed with one group but less successfully with another. However, there are those at the G20 who felt that it was not appropriate for it to be discussed at that level and that it should remain with the G8. However, there is the climate change conference in Cancun later this year. An enormous amount of work is taking place between now and then to give effect to a global agreement.
Lord Howarth of Newport
My Lords, on global imbalances, the Statement referred only to the modest, although welcome, adjustment that the Chinese authorities have allowed to the exchange rate of the renminbi, but surely the Government do not think that that will be enough to solve adequately the problem that is being generated by the continuing propensity of certain major economies, notably China and Germany, to invest and export very powerfully, and the propensity of other major economies, notably that of the United States of America and our own, to borrow and consume excessively. Is it not inevitable that if we continue with these imbalances, the trade surpluses of the exporting countries will be recycled to create excessive liquidity in the economies of countries such as our own that tend to consume too much, leading to another manic and unsustainable boom followed by a miserable bust? What were the Prime Minister’s suggestions at the G20 for averting this outcome, and what response did he receive?
Lord Strathclyde
I could not possibly comment on the noble Lord’s direct question at the end, but the whole issue of global imbalances concentrated the minds of the G8, and indeed of the G20. The new flexibility in the Chinese arrangements is an important step in the right direction. It is the kind of flexibility that we have been looking for for some time, it will make an appreciable difference—so we all hope—and it is recognition by the Chinese authorities of China’s importance to the world economy as a trading nation and as an increasingly important currency. The noble Lord might say that this is a very small step, but it is at least a small step in the right direction.