Cameron faces "Leveson by the backdoor" after Lords defeat

Surprise defeat over press regulation will force the Tories to overturn Lords amendments in the Commons. But will Labour and the Lib Dems let them?

While everyone's attention was on the equal marriage debate, the Conservatives suffered a significant defeat in the House of Lords over press regulation. Taking ministers by surprise, peers voted by 272 to 141 to introduce a low-cost arbitration system for victims of press defamation, one of the key recommendations of the Leveson report. 

Since those papers that do not join up to the system could be punished by courts awarding greater damages and costs, the proposal represents a form of the state-backed regulation that David Cameron has unambiguously rejected. The rebellion notably included senior Tory peers such as Lord Ashcroft (yes, the billionaire party donor and media mogul), Lord Fowler, Lord Hurd and Lord Astor, Cameron's father-in-law. The economist Robert Skidelsky, a crossbench peer and NS contributor, noted that some peers had described the amendments as "Leveson by the backdoor" and added: "To my mind, that is an important merit of the bill because we are unlikely to get Leveson through the front door". Lord Fowler described the move as a "building block in implementing Leveson - a kind of stalking horse".

If the Conservatives want to avoid "Leveson by the backdoor", they will now need to overturn the amendments in the Commons. With Labour and the Liberal Democats both in favour of state-backed regulation, this could prove a challenge for the government.

For now, the long-stalled cross-party talks on Leveson continue, with the parties next due to meet on Monday. During the debate, Lord McNally, the Liberal Democrat leader in the Lords, promised that the government's proposal of a royal charter to oversee press regulation would finally be published next week. As IPPR's Tim Finch noted on The Staggers on Monday, Labour has not ruled out supporting this compromise. In her speech at the think-tank's recent Oxford Media Convention, Harriet Harman, the shadow media secretary, said she was "unpersuaded" by the idea but actions speak louder than words; Labour failed to follow through on its threat to force a Commons vote on its own draft bill in January if the government failed to bring forward satisfactory proposals by Christmas. Moreover, as Tim wrote, "being unpersuaded is not quite the same as being unpersuadable".

The government is confident that the Lib Dems, and possibly Labour, will unite around the proposal of a royal charter. But last night's Lords defeat means Clegg and Miliband now have a powerful bargaining chip.

A protest group stages a mock burning of the Leveson report outside the Queen Elizabeth II centre in London. Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

Photo: Getty Images
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Britain's shrinking democracy

10 million people - more than voted for Labour in May - will be excluded from the new electoral roll.

Despite all the warnings the government is determined to press ahead with its decision to close the existing electoral roll on December 1. This red letter day in British politics is no cause for celebration. As the Smith Institute’s latest report on the switch to the new system of voter registration shows, we are about to dramatically shrink our democracy.  As many as 10 million people are likely to vanish from the electoral register for ever – equal to 20 per cent of the total electorate and greater than Labour’s entire vote in the 2015 general election. 

Anyone who has not transferred over to the new individual electoral registration system by next Tuesday will be “dropped off” the register. The independent Electoral Commission, mindful of how the loss of voters will play out in forthcoming elections, say they need at least another year to ensure the new accuracy and completeness of the registers.

Nearly half a million voters (mostly the young and those in private rented homes) will disappear from the London register. According to a recent HeraldScotland survey around 100,000 residents in Glasgow may also be left off the new system. The picture is likely to be much the same in other cities, especially in places where there’s greater mobility and concentrations of students.

These depleted registers across the UK will impact more on marginal Labour seats, especially  where turnout is already low. Conversely, they will benefit Tories in future local, Euro and general elections. As the Smith Institute report observers, Conservative voters tend to be older, home owners and less transient – and therefore more likely to appear on the electoral register.

The government continues to ignore the prospect of skewed election results owing to an incomplete electoral registers. The attitude of some Tory MPs hardly helping. For example, Eleanor Laing MP (the former shadow minister for justice) told the BBC that “if a young person cannot organize the filling in of a form that registers them to vote, they don’t deserve the right to vote”.  Leaving aside such glib remarks, what we do know is the new registers will tend to favour MPs whose support is found in more affluent rural and semi-rural areas which have stable populations.  

Even more worrying, the forthcoming changes to MPs constituencies (under the Boundary Review) will be based on the new electoral register. The new parliamentary constituencies will be based not on the voting population, but on an inaccurate and incomplete register. As Institute’s report argues, these changes are likely to unjustly benefit UKIP and the Conservative party.

That’s not to say that the voter registration system doesn’t need reforming.  It clearly does. Indeed, every evidence-based analysis of electoral registers over the last 20 years shows that both accuracy and completeness are declining – the two features of any electoral register that make it credible or not. But, the job must be done properly.  Casually leaving 10m voters off the electoral resister hardly suggests every effort has been made.

The legitimacy of our democratic system rests on ensuring that everyone can exercise their right to vote. This is a task which shouldn’t brook complacency or compromise.  We should be aiming for maximum voter registration, not settling for a system where one in five drop off the register.