Parliamentary Voting System and Constituencies Bill

Lord Dodds of Duncairn Excerpts

Monday 18th October 2010 Commons Chamber

[Mr Harper]

There are three amendments in the group, which seek to clarify the role of the Electoral Commission in providing information about the voting systems on which the public will be asked to vote. I ask hon. Members to support Government amendment 264, which clarifies the Electoral Commission’s role, making it clear that it can make appropriate information available in line with its stated intention to provide strictly factual or neutral information to voters on how the different systems work in practice.

Hon. Members will know that when the Electoral Commission was doing its research on the question, which we debated last week, one important conclusion highlighted the limited knowledge of voters about different voting systems. My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) raised the same point in his remarks. The report acknowledged that the referendum campaigns and media coverage will increase public understanding. The current public awareness role of the Electoral Commission, seen in paragraph 7 of schedule 1, is to provide information about the mechanics of the referendum—how it takes place and how to vote in it. My hon. Friend had a bit of fun with the language earlier, but I am sure we can agree that what is important is the practicalities rather than whether to vote yes or no. We are not going to table an amendment to mandate the answer, I am afraid to say. The Government are, of course, neutral on the result.

The current paragraph 7 of schedule 1 does not necessarily envisage giving factual information about the two voting systems and it is unclear whether the general awareness role in the Political Parties, Elections and Referendums Act 2000 really enabled what was intended, which was to allow the commission to publish information about a voting system that is the subject of a future referendum. We wanted to make the position clear—hence Government amendment 264, so that the Electoral Commission can indeed make that information available.

[Mr Nigel Dodds (Belfast North) (DUP)]

Does the provision in the Government amendment to

“take whatever steps they think appropriate to provide”

in respect of information and so forth include the sort of activity described by the hon. Member for Foyle (Mark Durkan) as applying in the Irish Republic, including putting out rebuttals against claims made by different sides of the argument? If that were the case, we could certainly see the Electoral Commission being dragged into very dangerous political territory indeed.

[Mr Harper]

If the right hon. Gentleman would allow me to make further progress in my response to what I thought were the wise words of my right hon. Friend the Member for Wokingham (Mr Redwood), he would understand the terms of the advice that I would put to the Electoral Commission, which I suspect it would work out for itself, too. I suspect that it would not be tempted down that path. If the right hon. Gentleman does not think that I have answered his question, he is welcome to intervene again.

Amendment 136, moved by the hon. Member for Rhondda (Chris Bryant), deals with the Speaker’s Committee, but I am not at all convinced that that is the right body to be involved here. The Electoral Commission has already presented its plans for public awareness and costs to the Speaker’s Committee, supplying it with information, but given that the Speaker’s Committee is made up of politicians, I am not entirely certain that it is the most appropriate body. When it was said earlier that its views about this particular campaign were not clear, it reinforced the point that it might not be the right body to be involved. Given that two members of the Committee are Ministers, it is difficult to see whether they would be acting in their position as Ministers—the Deputy Prime Minister is an ex officio member, although the Government are neutral about the result of the referendum—or as protagonists. The two Ministers involved have their own views, so I fear that this might drag the Speaker’s Committee into the debate. Hon. Members have already warned of the dangers of bringing the Electoral Commission directly into the debate, so this provides an example of a similar danger.

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[Mr Brady]

Absolutely. Like Lord Goldsmith in the document that I have quoted, I think we should move towards a position in which we treat the right to vote in a general election in this country as one of the rights and privileges that go hand in hand with full citizenship. I would like to see that happen. Clearly, it goes beyond the scope of this Bill—it is a debate that is yet to happen—but I hope it is a debate that we will have, because I think that most people in this country would be quite surprised even to hear what the franchise is for a general election. I certainly think that the hon. Gentleman and most other Members of this House would be hard pressed to advance a compelling case for the strange mishmash of franchise that I have set out this evening. We should simplify it and we should set out that important principle. I hope that the Opposition will continue with the rational position that was adopted on this subject in the previous Parliament.

[Mr Dodds]

Will the hon. Gentleman give way?

[Mr Brady]

I think I should give way to Northern Ireland.

[Mr Dodds]

I thank the hon. Gentleman for giving way to Northern Ireland, but I do not claim entirely to represent Northern Ireland on this issue. I want to clarify the intention and consequences of amendment 60, if it were passed. I agree with the thrust of the hon. Gentleman’s remarks and where he is going with this, both as regards the referendum and elections in general. However, would the effect of amendment 60 be to include people who have chosen Irish citizenship in Northern Ireland post-1998 and exclude people who became Irish citizens before the Belfast agreement in 1998?

[Mr Brady]

I think the amendment as it stands would do that. I am entirely open to the right hon. Gentleman’s point and I know that my hon. Friend the Minister, in working hard to accommodate these reasonable concerns, could take steps to deal with that point, too, if he wanted to at a later stage of the Bill. The crucial point—the point of principle—is that it is even more important in a referendum on our constitution than in the franchise for a general election that we should have a rational franchise that we can all defend and explain to citizens of this country and that we should celebrate the importance of the right to vote. We should understand that the right to vote in a British election is a privilege that has been hard fought for over generations and that is fundamental to what it is to be a British citizen. It is time that we limited that right to those who are British citizens.

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[Chris Bryant]

Discussing the length of the queue would be a great British debate, but my view is that if there is a queue of 500 people, they should be allowed to vote. I do not think that anybody should be disfranchised just because the operation is not swift enough to allow people who present themselves at the polling station before 10 o’clock to vote immediately. As is clear in the amendment, presenting means standing in a queue if it is not possible to vote at once. If a person arrives at one minute to 10 o’clock, they should be able to go straight through the polling station door and talk to the returning officer and then be presented with a ballot paper. If necessary, that should apply to the two polls—the referendum and local elections.

I note that the Electoral Commission has continued to be concerned about late polling since the general election. Clearly, there was uncertainty in the application of the regulations in different parts of the country, because some returning officers were slightly more generous than others. As I understand it, the commission is keen for a resolution, and is broadly supportive of the thrust of my proposal.

I am very hopeful, as always, that the Minister might succumb to my ardent desire in relation to the amendment.

[Mr Dodds]

I should like clarification. I take it that the amendment applies to voting in the referendum, because that is the Bill that we are discussing. However, it would mean that an elector who turns up to vote in the Northern Ireland Assembly elections and in the referendum could vote in the latter, but not the former.