My Lords, together with my noble friend Lord Bach, I shall pick up the baton so expertly carried by my right honourable friend Mr Sadiq Khan and my honourable friend Mr Chris Bryant in another place. We have heard two speeches today from the noble Lord, Lord Strathclyde, the Leader of the House. In the first, he refused to engage with the issue at all, and in the second, he said that we should not think about amending the Bill because the House of Commons has approved it. I regard this House as responsible for improving legislation so, if the noble Lord does not mind, we will reject his second invitation.
This has been described as the most important constitutional Bill since 1832. Those are not my words but a description of the Bill by the right honourable Mr Nicholas Clegg, the Deputy Prime Minister, who came to office stressing that his job is to raise what he described as the hitherto lamentable standards of our politics. As he put it on 19 May 2010, "““This government is going to persuade you to put your faith in politics once again””."
The Deputy Prime Minister had the opportunity in this Bill, the most important constitutional change since 1832, to put his sanctimonious mouth where his money is. Instead, there has been no Green Paper, no public consultation and no pre-legislative scrutiny, which are all things that over the years we became so used to hearing the Tories and the Liberal Democrats demanding. At the first opportunity, they have disappointed us and they have disappointed the public out there. This is hypocrisy, and hypocrisy does not help to restore trust.
This Bill spent nine days being debated in another place, the place to which it is most important. The Political and Constitutional Reform Committee in the Commons said of the process: "““The Deputy Prime Minister has accurately described the Bill as ‘fundamental to this House and to our democracy’. We regret that the Government’s timetable has denied us an adequate opportunity to scrutinise the Bill””."
The Bill before your Lordships' House today is an ill-thought-through, partisan muddle of a piece of legislation that, in truth, seems to be more about ensuring the longevity of the coalition than about nobler aims of equality of representation. As the Minister has told us, the Government seek to hold a referendum to ask the British public whether they would like to adopt the alternative vote system for Westminster elections. The intended date for the referendum is 5 May 2011, a day on which more than 80 per cent of the population will, in addition, be asked to vote in local council, devolved Assembly or mayoral elections. The Bill is being rushed through to meet this desired target date.
However, can the Minister explain to the House why the rush with Part 2? The independent boundary commissions of England, Scotland, Wales and Northern Ireland are being asked to redraw every single parliamentary constituency in three years, which is less than half the time that previous periodic boundary reviews have taken. They are being asked to do so before the electoral register, on which the new constituencies are to be based, can be brought up to date to correct for the estimated 3.5 million voters who are currently missing from it. Under-representation is the real scandal, but this Government feel that that can wait to be addressed until after they have railroaded through new constituencies based on flawed data that will inevitably punish the people to which my noble friend Lord Campbell-Savours referred. This is not fair but nonsensical.
If all that were not illogical enough, the Government—and the noble Lord did not even mention this—seek to take away any serious public say in the redesign of constituencies. Public inquiries, which are the democratic life-blood of boundary reviews and which allow local people a say in what happens to their local representation, are being removed. Why? Obviously, to fit in with the timetable. There is no rational justification for this haste, which is born of a wish to hold the next general election in 2015 and subsequent elections every five years after that using the favoured electoral boundaries. The Bill before us proposes five-yearly boundary reviews in future to match this election cycle. As our all-party Constitution Committee noted in its excellent report on this Bill, "““the provisions of this Bill and the Fixed-term Parliaments Bill are interrelated””."
The damning conclusion of that all-party committee was that, "““the constitutional relationship between the provisions of this Bill and the Government's other proposals for constitutional reform have not been adequately thought through””."
We wholeheartedly agree.
The committee’s criticism of the process is all the more heated—rightly so, we would argue—for the lack of any pre-legislative consultation. It is an insult to democracy and to the principles that we in this House hold so highly that a measure to enact constitutional change of such lasting significance has not been subject to pre-legislative scrutiny and public consultation. Only last month, the Leader of the House said that the Government are committed to pre-legislative scrutiny because, "““it improves the quality of legislation and provides an opportunity for public engagement””.—[Official Report, 28/10/10; col. 1306.]."
What was wrong with this Bill, the most important constitutional Bill since 1832, that it did not require that? The Constitution Committee concluded: "““This is an unsatisfactory basis on which to embark on fundamental reform of the legislature””."
Parliamentary Voting System and Constituencies Bill
Proceeding contribution from
Lord Falconer of Thoroton
(Labour)
in the House of Lords on Monday, 15 November 2010.
It occurred during Debate on bills on Parliamentary Voting System and Constituencies Bill.
Type
Proceeding contribution
Reference
722 c573-5 
Session
2010-12
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House of Lords chamber
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2023-12-15 13:43:15 +0000
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