My Lords, for noble Lords who are interested in this amendment, perhaps I may start again. The first amendment on today’s Marshalled List deals with expenditure on the campaigns in support of or against the alternative vote system. My amendment to Clause 5, and that of my noble friend Lord Bach, seeks to prevent a party political broadcast that supports one or other side in the AV debate being broadcast. I want to achieve that because there are complex and, in my view, sensible rules that one would have changed in a number of respects, but in principle it is sensible that there are rules to ensure that no one campaign can expend significantly more than another in support of or against AV. These rules can be got around if a political party can use its expenditure limits to support or oppose AV in the campaign.
My amendment seeks to prevent any political party using the party political broadcasts that it gets from the state, on the radio or on television, from supporting or opposing the AV system. It is of practical significance in this particular debate on AV—whether or not we should introduce the change on the referendum—because the AV referendum, as noble Lords will know, is being combined with other elections in which parties will seek support for individual candidates.
In addition to broadcasts relating to the alternative vote referendum, party political broadcasts in support of individual candidates in local authority elections will be made available for the state and in the Welsh Assembly and the Scottish Parliament elections. The Tories—the Conservatives—and the Liberal Democrats, as well as the Scottish National Party and Plaid Cymru, will put out party political broadcasts throughout this period.
One party—the Liberal Democrats—unreservedly supports the change to the alternative vote system. It will be possible for it to put into its broadcasts indications of support for the alternative vote in the referendum, which will give in effect a significant broadcast. I do not know how many broadcasts there will be during the election period—perhaps five or six on the television and the radio. It gives them an edge that is not caught by the expenditure limits that are rightly put in the Bill. The amendment has the effect of saying that if you support AV or are against AV in your party political broadcast, that broadcast should not be granted.
There is already a section in the 2000 referendum Act that says that a party political broadcast on the television or radio cannot be broadcast if its purpose or its principal purpose is to support or oppose a view in the referendum. The question is whether it is better just to leave the law as it is and to let broadcasters decide the purpose or principal purpose, which is quite a difficult question of analysis. It is reasonable to assume that the principal purpose of a party political broadcast by the Liberal Democrats will be to promote the Liberal Democrats, but a subsidiary purpose might well be, from their point of view, to support the alternative vote system, which is a question of quite fine judgment. Or is it better, as I submit it is, to be quite clear about what you are saying and simply to say, ““If you support one or other side in your party political broadcast, it should not be broadcast.””? That means that the political parties, in particular the Liberal Democrats but also any party that opposes them, will know precisely where they stand.
This point was first raised in Committee and it was agreed that the noble Lord, Lord McNally, and I would speak, but we were not able to do so. I then received a letter on Report just as that stage was coming to an end, so it was not possible to debate it at that point. The Minister, Mr Harper, was kind enough to ring me at ten to two on Friday afternoon last week to discuss it, and he sent me a letter that arrived in my hands at approximately a quarter past two today. Because of that sequence of events, it has been possible, unusually, to raise the point on Report today.
Parliamentary Voting System and Constituencies Bill
Proceeding contribution from
Lord Falconer of Thoroton
(Labour)
in the House of Lords on Monday, 14 February 2011.
It occurred during Debate on bills on Parliamentary Voting System and Constituencies Bill.
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Proceeding contribution
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725 c507-9 
Session
2010-12
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