Tuesday, 5 February 2013

Saving Parliament’s Time (And Our Money!)


Watching the Marriage (Same Sex Couples) Bill being voted on at Second Reading in the House of Commons on 5 February 2013, one thing in particular that stood out was the inefficiency of the whole process. ‘Division’ was called at a few seconds past 7pm, but it was not until after 8pm that the final results of the associated motions were announced.

Having over 600 MPs walk through the lobbies as the method of recording votes may be a relatively indisputable way of ascertaining who exactly has voted, but it wastes 12-15 minutes of every MP’s time, and therefore taxpayers money, every time a division is called.

Now, it is all very well criticising, but what is the alternative? Many councils across the UK have a simple show of hands, although this is probably unwieldy for a chamber of hundreds. The US Senate uses a roll call, while in Austria standing is ‘for’ and remaining seated is ‘against’. In Australia, representatives huddle at either end of the chamber to indicate their preference. None of these alternatives seem scientific enough for something as important as accurately recording representatives’ votes – particularly in a tight vote, or a hung chamber.

Which brings us to the use of electronic voting mechanisms. In a 2010 report by Caroline Lucas entitled ‘The Case for Parliamentary Reform’, she outlines the cost benefits of such a system:

If the Commons chose a pre-existing electronic voting keypad system, the keypads and related software and hardware would cost in the region of £400k, less than 0.1% of the £434million cost of running the Commons in the last financial year.

However, the value for money that such a system would bring would quickly justify a one-off cost on this scale. If, through a more efficient voting method, MPs are saved even half an hour a day, over a week this would free up hours for more effective scrutiny of legislation and so provide the taxpayer with considerably better value for the money paid for MPs salaries. For example if a voting process takes 15 minutes using the current snail’s pace division system, it costs the taxpayer £5136 for MPs salaries for each vote under the current system. The proposal would also be likely to reduce staffing and other associated costs.

Indeed, the Scottish Parliament, Welsh Assembly, European Parliament, US House of Representatives, Israeli Knesset, Turkish parliament and numerous European assemblies all use electronic systems to provide a speedy and accurate result.

Electronic voting at the Strasbourg chamber of the European Parliament

Some opponents of electronic voting argue that the lobby system allows just that – MPs can be lobbied and cajoled, particularly by the whips. Perhaps some MPs need to be instructed which way to vote, but as voting would still take place physically in the same room, they can still take their lead from the front bench. The Parliament website offers another ‘advantage’:

Physically congregating in the voting lobbies gives the Members a good opportunity to talk and conduct business with each other in an informal setting.

There is a whole parliamentary estate for talking and conducting business in an informal setting; why wait until the middle of a vote to start?

Members do not have to participate in a debate to be able to vote, and may be elsewhere in the Parliamentary estate. To notify Members that a division is taking place, division bells located throughout the Parliamentary estate and surrounding premises ring and TV screens with a specialised feed (called the 'annunciator service') display that a division is taking place. There are different division bells for the Commons and Lords, and Members only vote in the divisions specific to their House. When the division bells ring Members have eight minutes to vote before the doors to the division lobbies are locked.

The Marriage (Same Sex Couples) Bill vote brought up another recurring issue which electronic voting could potentially address: the ability to formally register an abstention. At present, MPs wishing to abstain simply don’t walk through the lobby, which is then not recorded and can be confused for being absent rather than choosing not to vote. Alternatively, they can walk through both lobbies, effectively ‘cancelling out’ their vote, but this runs the risk of only making it through one lobby in time and thereby casting an undesired vote.

Five Conservative MPs chose to vote this way and they will no doubt be interpreted, rightly, as formal abstentions. The press, however, have a habit of portraying this as ‘indecisive’ or worse, ‘senile’. Due to a lack of understanding over whether the declared vote totals include the tellers and without checking every name on two long lists for these double votes, this can often lead to confusion as to the actual voting numbers: the number of Conservative ‘against’ votes was variously described as 134, 136, 139 and 141 by the press in the hours after the vote. With electronic voting, it would be very easy to have 3 buttons: for, against and abstain, leading to a clear voting total.

To conclude, most countries use either an ID card or a fingerprint/password recognition system, usually built into the desks of the chamber. In the House of Commons, there are no desks and not enough spaces to sit (the chamber is not fit for purpose, but that is another article!); instead portable handheld devices may be necessary. So, if it saves time and money, improves accuracy, and increases transparency, what are we waiting for?

Friday, 4 January 2013

Taking the Chiltern Hundreds

A resignation is a grave act; never performed by a right minded man without forethought or with reserve. - Salmon P. Chase

On the 3rd of January, the BBC reported the following:
Sinn Fein's Martin McGuinness has been given an English aristocratic title following his formal resignation as member of the UK parliament.
He has been appointed Steward and Bailiff of the Manor of Northstead by the chancellor, George Osborne.  
The appointment is one of two titles traditionally conferred on resigning MPs, as under the constitution, an MP has no power of voluntary resignation.
Sinn Fein has dismissed the tradition as "antiquated and ridiculous".  
In this case, Sinn Fein are spot on. I would add that the tradition is also anachronistic, antediluvian and a feudalistic hangover!  

Sinn Fein are so committed to their republican ideals that they refuse to take their seats in the UK Parliament due to having to take an oath of allegiance to the monarch; although cynics are always happy to point out that they have no similar qualms about taking their pay-cheques!  

Even for non-republicans, the inability to resign outright from ‘the mother of all parliaments’ seems a curious anomaly: in order for a Member of Parliament to resign in the UK, they must go through the ‘legal fiction’ of being appointed by the monarch to an ‘office of profit under the crown’. While other offices have been used in the past, Steward and Bailiff of both the Chiltern Hundreds and the Manor of Northstead are those currently alternated in their use for this purpose. These are sinecure appointments, with no duties and only nominal pay.

The Chiltern Hundreds: Denis MacShane is currently Stewarding them.

Certainly there can be no argument that the original reason for introducing the ban on resignation in 1624 still holds any sway: pay was poor at that time as law-making was the preserve of the wealthy and landed, while travel to and from distant constituencies could take several days. Service in Parliament was therefore often resented rather than exulted and so it was made mandatory for MPs to finish their terms.  

The recent Reform of the House of Lords Bill was withdrawn, but it contained an interesting passage describing how elected Lords would be able to resign simply and quickly:
(1) A person who is a member of the House of Lords other than a named Lord Spiritual may at any time resign from being a member by notifying the Clerk of the Parliaments.
(2) The notice of resignation must be signed by the person and two witnesses.
(3) On receipt of the notice, the Clerk of the Parliaments must do the following as soon as reasonably practicable:  
(a) sign a certificate of receipt, and  
(b) send a copy of the certificate to the person and the Clerk of the Crown.  
(4) The person ceases to be a member of the House of Lords on signature of the certificate.
It is surely the case that if an MP wishes, but is unable to resign, then like with any other job, they will go through the motions, essentially ‘seeing out’ their terms: the UK, especially in the midst of a global economic downturn, does not need underperforming MPs.  

Many observers, particularly on the right, point out that the practice of ‘taking the Chiltern Hundreds’ has no practical downside, but provides a continuity and sense of tradition going back centuries. These traditionalists feel that these sort of constitutional quirks contribute to the social fabric.

Actually, it is these kinds of nonsense procedures which contribute to the lack of respect for the institution of Parliament among the wider public. In a June 2012 YouGov report, when asked “Putting aside your own party preferences and your views on the current government, do you think that, in general, the Westminster Parliament in recent years has done a good job or a bad job in understanding the daily lives of people like you?”, 64% of respondents said ‘a bad job’ to only 12% saying ‘a good job’. Clearly there is a general lack of trust and understanding and this is only exacerbated by the opaque procedures of Parliament.

While the prospect of Lords reform has abated for this Parliament, and with Nick Clegg desperate for a success on constitutional reform, perhaps a joint ‘recall and resignation of MPs’ Bill could garner enough all-party support to pass through the Houses as a slightly less controversial stopgap reform?