No end to hereditary peer by-elections in the House of Lords?

downloadThe House of Lords is not entirely unelected; July saw two new peers appointed following elections involving a very small, select group of electors. In this post, former Clerk of the Parliaments David Beamish discusses the process by which hereditary peers can be elected to the Lords, how the system came to exist, and the continuing efforts to remove the remaining hereditaries altogether. 

It was announced on 18 July that Lord Bethell had been elected to fill a vacancy among the 90 elected hereditary peers in the House of Lords – the 34th such vacancy to be filled by means of a by-election. The vacancy arose from the retirement of the Conservative peer Lord Glentoran (the House’s only Winter Olympic gold medallist) on 1 June. These by-elections are conducted using the alternative vote system and, despite there being 11 candidates, Lord Bethell did not need any transfers of votes, receiving 26 of the 43 first-preference votes cast by Conservative hereditary peers.

This was the second by-election this month: on 4 July the Earl of Devon was elected to fill a Crossbench place vacated by the retirement of Earl Baldwin of Bewdley, grandson of Stanley Baldwin and a tireless campaigner against water fluoridation. The Earl of Devon received 7 of the 26 first-preference votes of Crossbench hereditary peers and it took five transfers of votes for him to be elected.

Viscount Mountgarret was a candidate in both by-elections, receiving no votes in either. His optimism when deciding to stand the second time might have been fuelled by the success of the Earl of Oxford and Asquith, who was elected by the whole House in 2014 and sits as a Liberal Democrat, having previously been an unsuccessful candidate in a Crossbench by-election in 2011 and in Conservative by-elections in 2011 and 2013.

At least one more by-election is in prospect: Lord Northbourne, a Crossbench hereditary peer, has given notice that he will retire on 4 September.

Where do by-elections come from? The House of Lords Act 1999

The present arrangements whereby 92 hereditary peers sit in the House of Lords derive from the House of Lords Act 1999, which removed most of the 750 hereditary peers but provided, under the so-called ‘Weatherill amendment’, for two office-holders (the Earl Marshal and the Lord Great Chamberlain) and 90 elected hereditary peers to continue as members. The 90 comprised 15 peers willing to serve as deputy speakers or committee chairs, elected by the whole House, and 75 peers representing 10 per cent of the hereditary peers in each party or group: 42 Conservatives, 28 Crossbenchers, 3 Liberal Democrats and 2 Labour peers; they were elected by the hereditary peers in their respective groups. Continue reading

Canadians to debate electoral reform, again – but at this stage success seems unlikely

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Canada’s Liberal government, elected in October 2015, came to office with a commitment to replace the first-past-the-post electoral system. A parliamentary committee has now been established to consider the options for reform and report by December. Louis Massicotte offers an overview of the long, and largely unsuccessful, history of attempts to reform the Canadian electoral system and discusses the prospects for the current debate. He concludes that at this stage success seems unlikely.

In October 2015, Canadians elected a new Prime Minister, Justin Trudeau, who quickly reached international celebrity status and has been enjoying a prolonged honeymoon with the public since then. A few months earlier, when his party languished in third place in opinion polls, Trudeau had boldly promised that the 2015 election would be the last one conducted under first-past-the-Post (FPTP), and that a parliamentary committee would consider two options: ‘ranked ballots’, known as the alternative voting (AV) in Britain, where it was rejected at a referendum in 2011; and MMP (mixed-member proportional system), a German-created mixed system that inspired the systems used for electing the Scottish Parliament, the National Assembly for Wales and the London Assembly. On May 10, the terms of reference of the committee were disclosed. The committee is expected to consult widely and to report by December 1. The prospects for success will be discussed below, but it is fitting that we start by summarising the history of electoral system reform in Canada.

Earlier attempts at electoral system reform

In theory, a federal country with ten powerful provinces, including mostly French-speaking Quebec, is the kind of setting that offers plenty of opportunities for electoral innovation. Yet, the predominance of single-member plurality throughout the country is now absolute, and has rarely been challenged successfully in the past. The break-up of the two-party system following World War I, at a time when most of continental Europe was switching to proportional representation, led some Canadians to advocate either AV or the single transferable vote (STV). In 1920, STV was adopted for electing Manitoba’s provincial MLAs from Winnipeg, and this move was completed a few years later by introducing AV for electing rural members. In 1924, Alberta emulated this move by having provincial MLAs from Calgary and Edmonton elected by STV, and rural MLAs by AV. Both provinces kept these mixed systems until the mid 1950s, when they returned to first-past-the-post normalcy. An attempt to adopt the same hybrid failed in Ontario a few weeks before the 1923 election.

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Could tactical voting dilemmas in 2015 revive calls for AV?

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The growth in minor party support in the 2015 general election looks set to create very difficult tactical voting dilemmas in some constituencies. Meg Russell reflects on how a move to the Alternative Vote (AV), which was rejected in a referendum in 2011, might have eased such dilemmas – suggesting that a messy election result could unexpectedly put AV back on the political agenda.

Almost exactly four years ago the British public rejected the option of changing the electoral system for the House of Commons from ‘First Past the Post’ (FPTP) to the ‘Alternative Vote’ (AV). The May 2011 referendum result was decisive, with fewer than one in three voters backing AV. This made the prospect of Commons electoral reform look distant, and particularly the prospects for AV. Nick Clegg had famously described it as a ‘miserable little compromise’ between FPTP and a more proportional system – a quotation used ruthlessly against him by opponents of reform in the referendum campaign. And indeed most electoral reformers, before and since, have been more focused on introducing greater proportionality. Hence many ‘yes’ voters did see AV – which retains single-member constituencies and simply introduces preferential (1, 2, 3) voting, with second and subsequent preferences redistributed as necessary until a candidate has 50% support – as a compromise. This half-hearted attachment even by some supporters of change probably did little to further its referendum prospects.

But in the increasingly multi-party environment of 2015 – as most visibly reflected in the TV leaders’ debates – it’s worth considering how things might have been different had Britain voted yes. One of the notable features of AV is that it greatly reduces the dilemmas of tactical voting. And in 2015, those dilemmas seem greater than ever before.

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