A liberal case against the Alternative Vote

Why liberals should vote "No".

Are all liberals bound to vote for the Alternative Vote (AV) in the upcoming referendum?

Is there any sound reason for a sensible person of good faith and enlightened views to do other than support the introduction of this particular voting system?

There are certainly some bad reasons for opposing the introduction of AV. Some complain of the cost: but that surely is a second-order problem if it is indeed the correct electoral methodology. Others say that it may help re-elect party X or "let in" party Y. However, one really should not support a constitutional reform simply to advantage one party or disadvantage another. (That said, most constitutional reforms, from the 1832 and 1867 franchise extensions onwards, have actually been for party advantage.)

And not all those who oppose AV do so for vested interests. As someone who broadly supports the Liberal Democrats, and certainly welcomes the effect they have on an otherwise brutal Conservative government, my opposition to AV cannot be written off as political self-interest.

There are two good reasons for any liberal to oppose the introduction of this proposed voting system.

First, AV is not in fact a good form of proportional representation. Because it retains the single member constituencies, there is no inherent reason why the national shares of the vote would be reflected in Westminster. AV also does nothing to deal with the very safest seats -- those where the winning candidate already gets more than 50 per cent -- and so, in such constituencies, the losing votes will be as "wasted" as before. And other seats will just be as "safe", depending on whether the there is a natural Tory/Lib Dem or Labour/Lib Dem majority.

Second, the practical operation of AV is fundamentally undemocratic and offensive to the principle of equal treatment of voters. In the less safe seats where AV is triggered, the votes cast by those who favour the most popular candidate are not of equal value to the votes cast for less popular candidates. The second and third choices of the voters favouring the most popular candidate are just disregarded. If all second and third votes were given equal value then the overall result may well be different. The charge that AV means repeated bites at the cherry for some voters but not others is impossible to rebut.

Indeed, no one really wants AV. It is a compromise. It may not even be a step towards proportional representation. AV retains many of the faults of the current "first past the post" system while treating the votes cast by voters in an unequal way. National shares of the vote may still have no national impact, and safe seats and wasted votes remain. AV is a rotten system, and so it should be opposed on 5 May.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Theresa May could live to regret not putting Article 50 to a vote sooner

Today's Morning Call.

Theresa May will reveal her plan to Parliament, Downing Street has confirmed. They will seek to amend Labour's motion on Article 50 adding a note of support for the principle of triggering Article 50 by March 2017, in a bid to flush out the diehard Remainers.

Has the PM retreated under heavy fire or pulled off a clever gambit to take the wind out of Labour's sails while keeping her Brexit deal close to her chest? 

Well, as ever, you pays your money and you makes your choice. "May forced to reveal Brexit plan to head off Tory revolt" is the Guardian's splash. "PM caves in on plans for Brexit" is the i's take. "May goes into battle for Brexit" is the Telegraph's, while Ukip's Pravda aka the Express goes for "MPs to vote on EU exit today".

Who's right? Well, it's a bit of both. That the government has only conceded to reveal "a plan" might mean further banalities on a par with the PM's one-liner yesterday that she was seeking a "red white and blue Brexit" ie a special British deal. And they've been aided by a rare error by Labour's new star signing Keir Starmer. Hindsight is 20:20, but if he'd demanded a full-blown white paper the government would be in a trickier spot now. 

But make no mistake: the PM didn't want to be here. It's worth noting that if she had submitted Article 50 to a parliamentary vote at the start of the parliamentary year, when Labour's frontbench was still cobbled together from scotch-tape and Paul Flynn and the only opposition MP seemed to be Nicky Morgan, she'd have passed it by now - or, better still for the Tory party, she'd be in possession of a perfect excuse to reestablish the Conservative majority in the House of Lords. May's caution made her PM while her more reckless colleagues detonated - but she may have cause to regret her caution over the coming months and years.

PANNICK! AT THE SUPREME COURT

David Pannick, Gina Miller's barrister, has told the Supreme Court that it would be "quite extraordinary" if the government's case were upheld, as it would mean ministers could use prerogative powers to reduce a swathe of rights without parliamentary appeal. The case hinges on the question of whether or not triggering Article 50 represents a loss of rights, something only the legislature can do.  Jane Croft has the details in the FT 

SOMETHING OF A GAMBLE

Ministers are contemplating doing a deal with Nicola Sturgeon that would allow her to hold a second independence referendum, but only after Brexit is completed, Lindsay McIntosh reports in the Times. The right to hold a referendum is a reserved power. 

A BURKISH MOVE

Angela Merkel told a cheering crowd at the CDU conference that, where possible, the full-face veil should be banned in Germany. Although the remarks are being widely reported in the British press as a "U-Turn", Merkel has previously said the face veil is incompatible with integration and has called from them to be banned "where possible". In a boost for the Chancellor, Merkel was re-elected as party chairman with 89.5 per cent of the vote. Stefan Wagstyl has the story in the FT.

SOMEWHERE A CLOCK IS TICKING

Michael Barnier, the EU's chief Brexit negotiator, has reminded the United Kingdom that they will have just 15 to 18 months to negotiate the terms of exit when Article 50 is triggered, as the remaining time will be needed for the deal to secure legislative appeal.

LEN'S LAST STAND?

Len McCluskey has quit as general secretary of Unite in order to run for a third term, triggering a power struggle with big consequences for the Labour party. Though he starts as the frontrunner, he is more vulnerable now than he was in 2013. I write on his chances and possible opposition here.

AND NOW FOR SOMETHING COMPLETELY DIFFERENT

Emad asks if One Night Stand provides the most compelling account of sex and relationships in video games yet.

MUST READS

Theresa May is becoming adept at avoiding defeats says George

Liv Constable-Maxwell on what the Supreme Court protesters want

Theresa May risks becoming an accidental Europe wrecker, says Rafael Behr

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Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.