THE ELECTORAL SYSTEM IN BRITAIN

The Electoral System in Britain

Robert Blackburn Reader in Public Law King's College, University a/London

© Robert Blackburn 1995

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First published in Great Britain 1995 by MACMILLAN PRESS L TO Houndmills, Basingstoke, Hampshire RG21 2XS and London Companaes and representatives throughout the world

A catalogue record for this book is available from the British Library.

ISBN 978-0-333-62918-5 ISBN 978-1-349-24090-6 (eBook) 10.1007/978-1-349-24090-6

10 9 8 7 6 5 4 3 2 04 03 02 01 00 99 98 97 96

First published in the UOIted States of America 1995 by Scholarly and Reference DiVISIOn, ST. MARTIN'S PRESS, INC., 175 Fifth Avenue, New York, N.Y. 10010

ISBN 978-0-312-12391-8

Library of Congress Cataloging-in-Pubhcauon Data Blackburn, Robert, 1952-The electoral system m Britam I Robert Blackburn. p. cm. Includes bibliographical references and index. ISBN 978-0-312-12391-8 I. Elections-Great Britam. 2. Great Britain-Politics and government-1945- I. Title. JN96I.B58 1995 324.6'3'0941~c20 94-22533

CIP

DOI

For Paula, Sophie, Amy and Eden

Contents

List of Tables and Illustrations xi

Preface xiv

1 INTRODUCI10N: BRITISH PARLIAMENTARY DEMOCRACY 1 The structure of parliamentary democracy in Britain 1 British political parties 4

The importance of political parties 4 Conservative, Labour and Liberal Democrat parties 6

Winning and losing the general election 10 The democratic credentials for an electoral system 16

2 THE TIMING OF GENERAL ELECTIONS 18 When general elections are held 18

The five-year limit 18 The prerogative of dissolution 18 Frequency of elections in practice 21

Prime ministerial control over the election date 23 The roles of Cabinet and Parliament in the decision 24 Political factors in the Prime Minister's calculation 28 The public announcement of general elections 33

Ceremony and procedure for dissolving Parliament and calling a general election 37

Safeguards against the suspension or abolition of elections 45 The case for fixed-term Parliaments 49

The democratic arguments 50 A case-study of electoral muddle 53 Prime ministerial rule 55 Problems concerning the monarchy 57 Legislating for a fixed-term Parliament 61

3 THE ELECTORATE: VOTERS AND VOTING 66 Political equality and the right to vote 66 Qualifications to vote 72

Age 72 Residency in the constituency 73 The expatriate vote 78 Nationality 80 Legal incapacity 82

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The registration of voters 83 Proposal for a rolling electoral register 86

How the vote is cast 88 Polling day arrangements 88 Tellers or checkers 91 Postal and proxy voting: holiday-makers, the infirm and

other absent voters 93 Voting behaviour or psephology 94 Counting the votes 100 The secrecy of the ballot 102 Proposal for compulsory voting 109

4 PARLIAMENTARY CONSTITUENCIES 113 Constituencies in the United Kingdom 113 The Boundary Commissions 118 The conduct of boundary reviews 124

The rules for redistribution of seats 124 Procedure for the review 128

Challenging the Boundary Commissions' recommendations 133 In Parliament 133 In the courts 137

An Electoral Commission and a programme for reform 142 (a) Proposed Electoral Commission 142 (b) Rationalisation of the rules 146 (c) Fixed twelve-year reviews 148 (d) Constituency consultation 150 (e) Parliamentary review 151

5 PARLIAMENTARY CANDIDATES 157 Eligibility to stand for election 158 Special problems in disqualification 167

The age limit for candidature 167 Public officeholders and the House of Commons

Disqualification Act 1975 170 Politics and religion: the clergy 185

Social background of successful candidates 197 Women candidates 202

Reasons for the low representation of women 205 Proposed measures to increase female representation 210

The political parties' selection of candidates 214 The selection processes of the political parties 215 Central party control over constituency party choice 217 Sitting MPs as party candidates 219 Criteria for selection of party candidates 221

Contents ix

Nomination and the deposit 222 Proposal for abolition of the deposit 223

6 ELECTION CAMPAIGNS: PUBLICITY AND THE MEDIA 232 Modern electioneering 232 Party election broadcasts 234

Allocation between the parties 236 Political content of the broadcasts 240

The conduct of the mass media 252 Television and radio 252 Newspapers 261

Local campaigning by the candidates 270 The campaign team 270 Canvassing and electioneering methods 273 Controls on candidates' expenses 281

National campaigning by the political parties 285 Election manifestos 286 Political advertisements 287 The parties' manipulation of the media 290

The publication of opinion polls 297 The accuracy of opinion polls 302 Media reporting of opinion polls 305 Proposal for prohibition at election times 308

7 THE FINANCIAL AFFAIRS OF THE POLmCAL PARTIES 312 Parties, money and elections 312 The financial resources of the political parties 312

Labour Party funding 316 Conservative Party funding 319

The reform of financial donations to the parties 325 Statutory accounting and the public disclosure of large

donations 325 A prohibition on foreign donations 331 A limit to the size of individual donations 331 The regulation of company donations 331

The case for state funding of political parties 336 Existing state aid to political parties 336 Opposition to public funding 339 Reasons why public funding is necessary 341 Proposals on the form of the public grant 346 Prospects for state funding in Britain 350

Proposal for expenditure limits upon party campaigning 351 Electoral administration and enforcement 358

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8 ARGUMENTS ABOUT PROPORTIONAL REPRESENTATION 361 The principle of proportional representation 362 Different methods of election 362

The alternatiYe ,ote 362 Supplementary ,ote system 368 Single transferable ,ote 370 The additional-member system 376 Electoral systems in Europe 379

Policies of the political parties on electoral reform 383 The rJ1etoric of the debate 391

Arguments in resistance to proportional representation 391 Arguments in support of proportional representation 397

The case for the additional-member system 403 Criteria for a new electoral system 404 Relati,e ad,antages and consequences 405 Political and legal implementation 424

Appendix 1: Electing the party leader 431

Appendix 2: By-elections 440

Appendix 3: Rules for redistribution of seats 443

Notes and References 445

Bibliography 470

Index 475

List of Tables and Illustrations

Table 1.1 General Election results, 1945-92 13 Table 2.1 Intervals of time between General Elections,

1918-92 22 Table 2.2 General Election timetable, 1918-92 23 Table 2.3 Electoral support for the parties, 1990-92 31

Prime Minister'S Press Notice announcing the forthcoming General Election 34

Prime Minister's letter to the Leader of the Opposition on the forthcoming General Election 35

The Queen's Proclamation for the Dissolution of Parliament, 1987 39

Form of election writ 42 Table 2.4 Statutory time limits in the electoral administration 44

Parliamentary Assembly Bill 65 Table 3.1 Principal changes in the electorate, 1832-1951 74 Table 3.2 Parliamentary electors, 1983-92 76

Form of ballot paper 90 Table 3.3 A social portrait of voters and voting in the 1983, 1987

and 1992 General Elections 97 Table 3.4 Electoral turnout in General Elections, 1945-92 110 Table 4.1 Parliamentary constituencies with the largest and

smallest electorates at the 1992 General Election 114 Table 4.2 Deviations of more than 20 per cent from electoral

quota 125 Table 4.3 Electorate change of more than 10000 in England

during period of boundary review, 1976-82 126 Public offices disqualifying holders from membership

of the House of Commons 175 Table 5.1 Education of candidates in the 1992 General Election 199 Table 5.2 Successful candidates from public schools,

1918-92 200 Table 5.3 Occupation of candidates in the 1992 General Election 201 Table 5.4 Age of candidates in the 1992 General Election 203 Table 5.5 Women candidates and MPs, 1918-92 204 Table 5.6 Forfeited deposits at General Elections, 1918-92 224

Presidential-style campaigning 241 Negative television electioneering 243 Time-for-a-change television electioneering 246

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xii List of Tables and Illustrations

Factual accuracy of claims made in party election broadcasts 250

Table 6.1 Partisanship and circulation of national daily newspapers, 1992 263

Table 6.2 Correlation between a reader's choice of newspaper and choice of party in 1987 and 1992 265

Table 6.3 Perceptions of newspaper partisanship 266 Table 6.4 Popular credibility of the media and politicians 269 Table 6.5 Public opinion polls on voting intentions during the

1992 election campaign 300 Table 6.6 Accuracy of final opinion polls, 1945-92 303 Table 6.7 Front-page lead stories about the General Election in

daily newspapers in 1992 306 Table 7.1 Total income of the political parties, 1975-92 314 Table 7.2 Labour Party income, prior to General Election 1992 315 Table 7.3 Conservative Party income, prior to General Election,

1992 315 Table 7.4 National party campaign expenditure at General

Elections, 1955-92 354 Table 8.1 Proportionality between votes and seats, 1945-92 365

Specimen ballot paper: the alternative vote 366 Specimen ballot paper: the supplementary vote system 369 Specimen ballot paper: the single transferable vote 372 Specimen ballot paper: the additional-member system 376

Table 8.2 How ditTerent electoral systems would have atTected the 1992 General Election result 379

Table 8.3 European electoral systems 381 Deviation from proportionality in European electoral

systems 382 Political map of Great Britain, 1992 418

Table 8.4 Regional deviation from proportionality in 1992 419 Table 8.5 500-seat House of Commons under the

additional-member system using regional party lists 421 Representation of the People Bill 430

Preface

Few subjects in politics are as important as the way in which the people of a country choose those who will govern them. New research and thought on electoral affairs is always to be welcomed. However, when I made the decision to embark on this book, it seemed to me there was now a very distinct need for a comprehensive account and commentary on the state of parliamentary elections in Britain. In part, this was because earlier books have tended to deal only with particular or selected topics in the subject, or else be addressed at some specific discipline or type of reader. Of greater importance, however, was that since the mid-1970s there has been a steady growth in the level of political and public concern about the way in which general elections are organised and regulated in Britain. In recent years, there have been several reports by Commons' select committees on electoral affairs, and two of the political parties have carried out wide-ranging enquiries into the electoral system, the most significant of which has been the Plant Report to the Labour Party in 1993. I have tried, therefore, first, to write a book which is as comprehensive and accessible as possible for the many different kinds of reader who are interested in general elections. Second, I have sought to pay special attention throughout my book to those subjects which have given rise to political concern or controversy in recent times.

The purpose of the book is to offer the reader both a description and an evaluative study of the electoral system. I have regarded it as a necessary and essential part of my work to take my evaluative analysis of the subjects and issues dealt with to its tangible conclusion of offering specific recommendations for reform. It would have been insufficient to my task if I had simply drawn general observations on matters of major political significance, such as the establishment of fixed-term Parliaments, the public financing of political parties, or proportional representation, without proceeding to elaborate in political and legislative detail on how such changes, in my view, are best implemented. The end result is that my book contains an extensive programme for electoral reform. It is offered as my contribution to the present debate on how the electoral system should be developed in the years ahead to improve the quality of representative democracy in Britain.

The term 'Britain' is used informally throughout this book to mean the United Kingdom of Great Britain (comprising Scotland, England and Wales) and Northern Ireland. A few passages are drawn from earlier works of mine: from The Meeting of Parliament, on some procedural matters affecting dissolution; from Rights of Citizenship, on the right to vote; and

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xiv Preface

from my article in the journal Electoral Studies, on the Prime Minister's announcement of the date of a general election. This book is based upon the situation in August 1993, with up-dating on certain details and topics.

ROBERT BLACKBURN