Parliamentary Voting System and Constituencies Bill — Report (1st Day)

Part of the debate – in the House of Lords at 4:15 pm on 7 February 2011.

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Photo of Lord Wallace of Tankerness Lord Wallace of Tankerness Lords Spokesperson (Attorney General's Office), Lords Spokesperson (Wales Office), The Advocate-General for Scotland, Lords Spokesperson (Scotland Office) 4:15, 7 February 2011

Indeed, and I do not think that that takes away from the point. As the evidence in paragraph 193 of the Lords Constitution Committee report said:

"Despite referendums in the UK being legally advisory, a number of witnesses pointed out that in reality referendums might be judged to be politically binding. Dr Setälä argued that 'in established democracies, it seems to be very difficult for parliamentarians to vote against the result of an advisory referendum'".

It might also have been advisory, but the noble Lord, Lord Rooker, recanting on his vote in 1978 in a debate on the Regional Assemblies (Preparations) Bill on 8 April 2003 in this House, referred to the vote after the George Cunningham speech and said:

"The result was a botched referendum in Scotland, which resulted in a "Yes" vote that could not get over the hurdle ... We are now in the position where we are following the precedent set in Scotland, in Wales"- that is, a more recent precedent in Wales-

"in Northern Ireland and in London. It would be absolutely crazy and unfair if we were to change the rules for any proposed regional referendums when we have already held referendums in so many other areas of the United Kingdom".-[Hansard, 8/4/03; col. 188-89.]

The noble Lord spoke powerfully on that occasion.

The Bill offers simplicity. Above all, it offers certainty. Every vote will count and will not be distorted by any artificial barrier or threshold. My noble friend Lord Tyler asked the noble Lord, Lord Elystan-Morgan, about abstentions counting in no votes. During our debates last week on postal votes and whether people could vote by post if they had voted in person, it was clear that a number of Members of your Lordships' House were registered in two places. They can exercise only one vote, so the other vote will technically, de facto, count as a no vote. Those who have died since the register was made up will count as a no vote, because nothing here allows the register to be recalibrated to take account of people with votes at second homes or those who have, sadly, passed on. I recall very well that these unfairnesses were highlighted time and again in the 1979 referendum in Scotland.

The certainty of the will of the people should be given effect without further complex procedures or further parliamentary debate or political wrangling, so that when people go to the polls on 5 May, whatever their view on the issue at hand, that view will be heard and given effect to. I ask the noble Lord to withdraw his amendment.