Parliamentary Voting System and Constituencies Bill

The noble Lord, Lord Lipsey, asks a very reasonable question. My understanding is that it is a common provision in the context of a power to commence primary legislative provisions by order. It only allows a limited provision to be made where it is genuinely necessary for the purpose of commencing the AV provisions, and the transitional saving power cannot be used to amend either the Bill or any other piece of legislation. It was included simply to provide for unforeseen circumstances which might affect the implementation of provisions in the event of a yes vote. As the noble Lord and, indeed, your Lordships may be aware, the Delegated Powers and Regulatory Reform Committee has published its report on the Bill and recommends that the power in Clause 8(4), the one which the noble Lord seeks to delete, should be subject to negative procedure. We have noted the concern of the committee that this power might enable the Government to determine which form of voting system should apply in the case of a particular parliamentary election. The Government take the view that there is only one situation in which the power would need to be used: a case where a by-election is called after the AV provisions are implemented but before the first general election to be held on the alternative vote. That situation could arise if it was thought beneficial to commence the AV provisions well in advance of the anticipated next general election. We would wish to do that to give electoral administrators some certainty. In those circumstances, the power would be used to ensure that such a by-election would be held on the basis of first past the post because provision along these lines would ensure that all Members of the other place should be elected using the same electoral system. I hope no one would disagree with that principle. The noble Lord has raised the point. The Government take the view that the best approach therefore is to remove the power in Clause 8(4) and instead provide explicitly for the situation as regards the elections prior to the first general election on AV. That makes the Government’s intention very clear and removes any room for doubt about how that power might be used. The effect of Amendment 47 on its own would be undesirable. It would remove any power to make the saving provision that we think is sensible in secondary legislation without placing that saving provision in the Bill in its place. It would certainly be our intention to bring forward an appropriate amendment on Report.