Parliamentary Voting System and Constituencies Bill

(Limited Text - Ministerial Extracts only)

Monday 18th October 2010 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I beg to move amendment 261, page 14, line 8, at end insert—

‘Counting officers

1A (1) The counting officer for a voting area that is—

(a) a district in England,

(b) a county in England, or

(c) a London borough,

is the person who, by virtue of section 35 of the 1983 Act, is the returning officer for elections of councillors of the district, county or borough.

(2) The counting officer for the City of London voting area is the person who, by virtue of that section, is the returning officer for elections of councillors of the London borough of Westminster.

(3) The counting officer for the Isles of Scilly voting area is the person who, by virtue of that section, is the returning officer for elections to the Council of the Isles of Scilly.

(4) The counting officer for a voting area in Wales is the person who, by virtue of provision made under section 13(1)(a) of the Government of Wales Act 2006, is the returning officer for elections of members of the National Assembly for Wales for the constituency that forms the voting area.

(5) The counting officer for a voting area in Scotland is the person who, by virtue of provision made under section 12(1)(a) of the Scotland Act 1998, is the returning officer for elections of members of the Scottish Parliament for the constituency that forms the voting area.

(6) The counting officer for the Northern Ireland voting area is the Chief Electoral Officer for Northern Ireland.’.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following: Government amendments 262, 168, 169, 263, 265, 266 and 270.

Amendment 353, in schedule 2, page 49, line 15, at end insert—

‘(aa) certify as respects the votes cast in each parliamentary constituency within his area—

(i) the number of ballot papers counted by him in that parliamentary constituency; and

(ii) the number of votes cast in favour and against to the question asked in the referendum.’.

Government amendments 279, 280, 307, 309 to 322, 325 and 326.

[Mr Harper]

The Government have tabled a number of amendments relating to the referendum that are necessary to allow for the smooth running of the poll on 5 May. A number of the amendments—261 to 263, 270, 279, 280, 307, 309 to 322, 325 and 326—provide that all returning officers appointed for the local district council or borough elections in England, for Assembly elections in Wales, or for the parliamentary election in Scotland, are automatically designated as counting officers for the referendum. The provisions also appoint the chief counting officer for Northern Ireland as the counting officer in the referendum. That displaces for the referendum the standard position under the Political Parties, Elections and Referendums Act 2000, which provides that the chief counting officer would need to appoint the individuals.

The key advantage of the approach that we are taking is that the returning officer and the counting officer will always be the same person, and that will provide returning officers with certainty that they will be the counting officers for the referendum. It will also ensure that the counting officers in the referendum have the necessary experience. The approach that we have taken to the appointment of counting officers is generally consistent with the practice for other statutory elections where legislation automatically deems, or provides for, the appointment of certain postholders in local authorities as returning officers for different elections—for example, local authority returning officers automatically become returning officers for the purposes of European parliamentary elections.

Government amendment 326 makes changes to the definition of the voting area for Scotland and Wales. The change ensures that in Scotland and Wales the referendum will be run on the same respective boundaries as the Scottish parliamentary and Welsh Assembly elections. No changes are required in respect of the current provisions in the Bill for England, which already allow for the referendum to be run on the same boundaries as the local government elections, which are scheduled to take place on 5 May.

[Chris Bryant (Rhondda) (Lab)]

Government amendment 261 refers, in paragraph 1A(2), to the counting officer for the City of London voting area being

“the person who, by virtue of that section—

section 35 of the Representation of the People Act 1983—

“is the returning officer for elections of councillors of the London borough of Westminster.”

How many people does the Minister think could, by virtue of this, vote in the City of London in the referendum?

[Mr Harper]

I am not entirely certain how the number of voters who can vote there has anything to do with the appointing of the counting officer. I am not certain that I follow the hon. Gentleman’s point.

[Chris Bryant]

It relates to the point that we will doubtless discuss later in relation to who is entitled to vote. As I understand it, paragraph 1A(2) refers only to peers, who would be able to vote in the referendum by virtue of their City of London voting right, as opposed to their residential voting right.

--- Later in debate ---

[Mr Harper]

We will talk about the franchise in due course. I do not think that the point is terribly sensible.

Government amendment 326 makes changes to the definition of the voting areas for Scotland and Wales. This change ensures that in Scotland and Wales the referendum will be run on the same respective boundaries as the Scottish parliamentary and Welsh Assembly elections. No changes are required in respect of the provisions for England, which already allow for the referendum to be run on the same boundaries as the local government elections.

Government amendment 262 provides that the local authorities within the voting areas must place the services of their officers at the disposal of the counting officer.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I seek clarification, further to the debate last week. Although I welcome the Government’s U-turn to let us have the boundaries in Scotland, will they make a single extra penny available to Scottish returning officers, as they have requested through their submission to the Scottish Affairs Committee, to pick up all the additional costs that will arise from the referendum?

[Mr Harper]

We have listened to what returning officers and electoral administrators have said, to ensure that these more sensible administrative arrangements are in place. That was the point of working with them during the summer. On costs, as the hon. Gentleman knows, by combining elections and holding them on the same day, there is a significant saving to the devolved Administrations, because much of the cost involved in running elections will be shared and split equally between central Government providing for the costs of the referendum and the devolved Administrations. It is considerably cheaper to hold a combined poll. I do not understand his point. The devolved Administrations will have fewer costs than would be the case if we did not combine the elections.

[Thomas Docherty]

To clarify, Tom Aitchison, who is the interim chief returning officer for Scotland, wrote to my hon. Friend the Member for Glasgow South West (Mr Davidson) and the Scottish Affairs Committee stating that holding the referendum on the same day as the election would require extra ballot boxes, extra staff and perhaps larger rooms for a longer period. That, to my maths, is not a saving, but an extra cost.

[Mr Harper]

The costs specifically required to run the referendum are picked up by the Consolidated Fund and do not fall in any way on the local devolved authorities in Scotland, Wales and Northern Ireland. Some of their costs for running their own election—the cost of hiring polling stations, for example, and the cost of paying for staff—is split between the local Administrations and central Government from the Consolidated Fund, so the devolved Administrations make a saving, compared with running those elections on a stand-alone basis. I do not understand the point that the hon. Gentleman is trying to make.

[Chris Bryant]

That rather prejudges another set of amendments. I do not know whether the hon. Gentleman has yet tabled the 100 pages of amendments that he told some of us last week he would table today for debate next week. It prejudges also the statutory instruments which, as I understand it, the territorial officers will have to table and will be subject to votes in this place and in another place. The cost that may be required to issue, for example, two polling cards rather than one will be materially affected by those decisions. Is not the Minister getting his amendments in the wrong order?

[Mr Harper]

Not at all. We will table the combination amendments today, and, as the hon. Gentleman acknowledged, I wrote to him, to the Opposition Front-Bench team and to every Member who either spoke on Second Reading or who, at that point last week, had tabled an amendment—in other words, to those who were most interested. I wrote also to the leaders of parties in the devolved Assemblies and Parliaments to keep them informed about what we planned to do.

The assumption referred to is the one on which we have been working, and holding the referendum on the same day as the elections produces a saving throughout the United Kingdom of about £30 million, which will be shared between the Consolidated Fund and those devolved and local administrations.

[Chris Bryant]

I am sorry, but the Minister is completely wrong. He may have already decided how Parliament, in this place and at the other end of the building, will dispose of the Bill, but I have not seen any of the amendments to which he refers. We are, of course, deeply grateful for his writing to us all, but we have not seen the amendments. He even admits in his own letter that the amendments that he will table today are incorrect, because they will be attendant on other orders that will have to be laid in relation to Scotland, Wales and Northern Ireland. I am afraid that, on this matter, the Minister is running ahead of himself.

[Mr Harper]

Mr Hoyle, I am sure that you do not want me to start debating new clauses and new schedules today which we will debate next Monday; I am sure that if I did so, you would put me straight. I have set out the basis on which we have said, since my right hon. Friend the Deputy Prime Minister made his statement to the House, we will proceed, namely by combining the referendum with local and devolved elections, which will produce a significant saving. If Parliament were to choose to do something different, we would clearly look at that. I am setting out the Government’s proposals, which we have included in the Bill and will lay before the House for debate in Committee. I really think that the hon. Gentleman is making a meal of it.

[Chris Bryant]

But the Minister has not even made any provision in law. He has not presented to the House the provision in law for the combination of polls in Scotland, Wales or Northern Ireland. I simply do not understand how we can debate whether the counting officers should be the same for the two polls when we have not been presented with the legislation that the Government promised would come along somewhere down the line. The Minister is treating the Committee with some disrespect.

[Mr Harper]

If I may say so, I think that the hon. Gentleman is trying to make debating points where there simply is none. He knows the proposals that we have set out, and appointing the counting officers has nothing to do, in essence, with the combination amendments, which we can debate next week. They will be tabled today, as I said in my letter. Members will therefore have a week to scrutinise them, and we can deal with that point next week.

[Mr William Cash (Stone) (Con)]

Will my hon. Friend be good enough to give me an assurance on an important question relating to thresholds? He mentioned the issue in response to my concerns during earlier proceedings of the Bill, and he knows very well that the threshold is commonly regarded by anyone who knows anything about referendums, including about the Scotland Act 1998, as absolutely crucial—as fundamental to the question of how such legislation should operate. Will he assure me that the splurge of amendments before us has nothing to do with depositing the threshold proposals, which I and my hon. Friends the Members for Epping Forest (Mrs Laing) and for Christchurch (Mr Chope) have put forward, at the bottom of the pile for discussion today? It looks highly likely that we will never reach them. Can my hon. Friend the Minister assure me that he is concerned to ensure that the threshold amendment is properly considered today?

[Mr Harper]

That is a very helpful intervention, because my hon. Friend will know that in the programme motion that I laid before the House last week we made provision for the House to sit until 11 o’clock this evening, which, notwithstanding Mr Speaker’s decision to allow an urgent question, means that the House will have more time today to debate those matters than it would have had if we had not tabled the motion. I am very keen to ensure that the House makes progress. That is not entirely in my hands—it depends on every Member ensuring that we can debate all these important matters—but I certainly want to reach that debate and will do my best from the Dispatch Box to ensure that we do.

Government amendment 262 mirrors the position for UK parliamentary and European elections and is necessary to ensure that counting officers and regional counting officers are suitably equipped to conduct the referendum poll.

Government amendment 270 provides that across the United Kingdom the polling stations allocated for the referendum will be the same as those allotted to electors for UK parliamentary elections. The amendment also provides that where special circumstances arise, the counting officer can allot different polling stations.

The Government have tabled amendments 168 and 169 at the request of the Electoral Commission. Paragraph 5 of the schedule gives the chief counting officer a power to direct regional counting officers and counting officers in the discharge of their functions at the referendum. The amendments clarify the extent of the power of direction and specify that it includes any planning and preparatory steps essential to the smooth running of the poll. That will enable the chief counting officer to require regional counting officers and counting officers to provide copies of plans, risk registers or other things that demonstrate that they are, or will be, discharging their functions in accordance with the chief counting officer’s directions. We believe that the amendments are necessary to enable the chief counting officer to prepare, plan and manage the poll effectively and to ensure compliance with any directions issued within the scope of her power.

Amendments 265 and 266 allow for the fees that are paid to counting officers and regional counting officers for delivering the referendum on the voting system to be reduced in circumstances where they fail to meet an adequate standard of performance.

[Mr Robert Syms (Poole) (Con)]

Is there any provision for a recount if the poll is very, very close? There have been several incidents across the world with hanging chads and so on. Have the Government thought about that possibility?

[Mr Harper]

My hon. Friend will have noted that we are going to debate recounts under amendments 153 and 154 to schedule 2. I am sure that if he waits for that point in the debate, we will be able to engage in some dialogue.

The approach that I have outlined will apply only to the fee paid for the performance of a counting officer’s duty relating to the referendum. It will not impact on the level of expenses that the same person can claim for carrying out their duties in their capacity as the returning officer for the election.

[Thomas Docherty]

Particularly after the events of last May, I welcome the provisions relating to electoral returning officers not doing their job properly, but has the Minister had specific discussions about what will count as being an inadequate performance? Given the terrible scenes that we saw in Sheffield and other cities, what view will the Electoral Commission take of the confusion that may be caused by having parliamentary elections and the referendum on the same day?

[Mr Harper]

The hon. Gentleman asks separate questions. The chief counting officer will decide about the level of performance of the counting officers and regional counting officers. The Electoral Commission has been working closely with the Government and with our officials, and it is confident that the referendum next year can be carried out in combination with the elections. We aim to continue to work with it to ensure that that remains the case through to 5 May next year.

[Chris Bryant]

I still do not quite understand what counts as counting officers not having performed their functions properly. What order of magnitude of not performing their functions properly would lead to their not being paid but would not disqualify the votes from that area?

[Mr Harper]

The level of payment would be a matter for the chief counting officer to determine; we would not expect Ministers or the Government to get involved in that process. The chief counting officer will be able to make the decision on payment in judging the performance of the counting officer, who will be working under her direction. That would not affect whether the votes counted in the same way as they did in a parliamentary election, even if there were the confusion that occurred this year at the close of polls, which did not affect the votes cast in those elections.

[Chris Bryant]

But if—let us say for the sake of argument—no polling cards were issued for the referendum in an area where there were other forms of election, or, indeed, no other forms of election, would that be a reason for not paying the counting officer? If the vote were tight, would it be a reason for invalidating the result in that area?

[Mr Harper]

The hon. Gentleman is trying to draw me into doing the chief counting officer’s job for her and into trespassing into election courts. It is not my role to do that, and the chief counting officer will make those determinations in the usual way. The Government consider that the amendment represents the best option for ensuring that regional counting officers and counting officers are accountable for their actions. Given the hon. Gentleman’s comments and those of the hon. Member for Dunfermline and West Fife (Thomas Docherty), I hope that that helps address some of the concerns that members of the public and, indeed, Members of Parliament expressed about the accountability of returning officers, following what happened at some polling stations, albeit limited numbers of them, on 6 May.

The amendments do not apply to the Chief Electoral Officer for Northern Ireland—the counting officer for the referendum—because he is a statutory office holder, who is already directly responsible to the Secretary of State for Northern Ireland for his conduct.

[Thomas Docherty]

Perhaps it might help the House of Lords when it considers the Bill if the Parliamentary Secretary asked the chief counting officer to provide written guidelines about exactly what would constitute not doing the job adequately.

[Mr Harper]

I am sure that their lordships do not require help from me or the chief counting officer to deliberate on the Bill. I would not dream of that. I am sure that the Electoral Commission will set out in due course the approach that it plans to take. It has already done that on some issues to do with the referendum, and I am sure that that will be helpful to Members.

Let me speak briefly about amendment 353, in the name of the right hon. Member for Doncaster North (Edward Miliband) and others. It would mean that, in addition to votes in the referendum in England being counted on local authority lines, as we propose, they would also need to be certified on parliamentary constituency lines. Given that 32 metropolitan boroughs, 52 unitary authorities and 192 second-tier districts in England have elections next year that involve around 31 million electors—79% of the total local government electors in England—the proposal would present significant additional administrative requirements for local areas and result in considerable extra effort and cost. Counting and issuing the results of the referendum on local authority lines, as we propose, makes administrative sense.

In Northern Ireland, counting and issuing the results will take place on Northern Ireland Assembly boundaries; in Scotland, on Scottish Parliament boundaries; and in Wales, on Welsh Assembly boundaries. That will be done because all devolved Administrations have elections to their respective bodies on 5 May. We think that that also makes administrative sense.

The Government see no benefit in requiring the counting officer to certify the results of the referendum in each parliamentary constituency. Any possible benefit would be outweighed by the extra demand on resources that the proposal would make. I would also be wary of inserting an extra layer of counting into the process, as I am sure that everyone wants a clean, clear result, which is calculated and communicated as quickly as possible.

For all those reasons, I urge hon. Members to support the Government amendments, and Opposition Members not to press theirs to a Division.

[Chris Bryant]

Broadly speaking, I do not disagree with the main thrust of the amendments that the Parliamentary Secretary has moved. However, I point out that we are debating 26 amendments in this group alone. The Parliamentary Secretary has already referred to the fact that he has written to hon. Members to say that he will table 100 pages of amendments today. I do not think that he has made them available to the Committee yet. They are necessary only because they provide for combining polls. Indeed, the majority of the amendments that we are currently discussing are necessary only because the Government had not spotted early enough that they needed to provide legislatively for the combination of polls in Scotland, Northern Ireland, Wales and England, and separately and differently in each because the law governing each of the three devolved nations is different, and in England, the elections relating to local authorities must have separate rules, too.

The Parliamentary Secretary has already admitted in the letter that he sent to many of us that the amendments that he has tabled today depend on existing law in relation to Scotland, Wales and Northern Ireland. Each of those territorial Offices intends to change the law for the combination of polls in the next few weeks—it was supposed to happen in mid-October, but none of the statutory instruments has been tabled yet. I see that the Secretary of State for Northern Ireland is in his place—[Interruption.] I am sorry: the Minister for Northern Ireland is in his place. Perhaps he should be Secretary of State, as he is a very charming chap. Now that he is having a little conversation with me, perhaps he will enlighten us as to when the statutory instruments for Northern Ireland will be available. It appears that he cannot do so.

--- Later in debate ---

The Minister also suggested that others are in broad agreement. In fact, the Electoral Commission has said that it sees no reason why the votes could not be provided by constituency—

[Mr Harper]

Will the hon. Gentleman give way?

[Chris Bryant]

If I may finish my argument, I will then give way to the Minister.

In Wales, the results will be by Assembly constituency, which is the same as by parliamentary constituency. In Scotland, we will have them by Scottish parliamentary constituency, which is different.

[Chris Bryant]

In a moment, although I have promised to give way to the Minister. I am not sure which way age and beauty apply in this case, but I will give way to the Minister first, after I have finished my argument.

In England, we will have results by various electoral areas. For the sake of clarity in understanding the legitimacy of the vote, especially as this is not just an advisory but an implementing referendum—as laid out in the Bill—it would be better if we had equality across the United Kingdom, with the results announced in the same way in every constituency.

[Mr Harper]

If the hon. Gentleman is going to quote the Electoral Commission, he should quote it in full. It wanted to consider in more detail the implications of his amendment for the management of the count process and, in particular, the time required to conduct the count. It did say that it saw no insurmountable practical barriers to making the information available “in due course”, but it did not have information about the impact on the count process and the declaration of the result. Missing out the words “in due course” gave a misleading impression of the Electoral Commission’s views.

[Chris Bryant]

I am grateful for the Minister’s helpful intervention, because he made half the point I made myself.

I do not know what the total number of results will be, but let us say there will be 40 for Wales, and those in Scotland, Northern Ireland and so on. If, in a large number of those constituencies, there is a very narrow result, it will have a material effect on how people view the eventual result, particularly in relation to the differential turnout that might be achieved in Scotland, Wales and Northern Ireland—by virtue of the fact that there are other elections at the same time—compared with the turnout in England.

--- Later in debate ---

[Chris Bryant]

In which case, again, the hon. Gentleman ought to be striking out large parts of the Bill, because the Bill determines in large measure precisely what the job of the chief counting officer is. Indeed, other legislation similarly does so, because we have to have clarity about certain things. For instance, should it be possible in Wales and Scotland for there to be just one polling card for the referendum and the Assembly or parliamentary elections, or should it be a requirement that there be two? If we left the issue to people’s discretion and everybody decided to go for one, many people might say, “No, sorry, that undermines the referendum,” because we would not be making it clear that, in addition to the Assembly elections, which would get a lot of media attention in Wales, there was a referendum on the same day. That is why the hon. Gentleman’s Government will introduce amendments on the matter. His quarrel is therefore not with me; it is with the Minister, which I am sure will upset him enormously.

I am keen to provide as much clarity as possible at this stage, quite simply because I believe that the Government are proceeding in the wrong order. First and foremost, we should have the legislation for Scotland, Wales and Northern Ireland, to make it clear whether there will be three sets of elections in Northern Ireland—again, we still do not know, despite the fact that it is not many months ago—[Interruption.] I am sorry, but I am being corrected by the Northern Ireland Minister. Would he like to—[Interruption.] No, he remains in his place. In relation to Wales and Scotland, the legislation has not been changed, but that is what should happen first, and then we should move forward with the amendments that have been adumbrated today.

I will be keen to press our amendment 353 to a Division. Even if hon. Members may support the Government, I very much hope that they will also support the amendment standing in my name and that of my right hon. Friends.

[Mr Harper]

There are one or two points of fact that are worth putting straight. My hon. Friend the Member for Grantham and Stamford (Nick Boles) was spot-on about the counting arrangements. As for the result of the referendum, the important thing is the overall number for the United Kingdom. On the counting arrangements, we listened to the electoral administrators and the Electoral Commission during the summer, and they made it clear that it made absolute sense to count on the same basis, given the other elections taking place. I do not see that that makes any difference whatever to the overall result of the election.

--- Later in debate ---

[Chris Bryant]

I am grateful; I had not noticed the written ministerial statement last week. Will the Minister clarify whether it is necessary to have legislation in order to be able to combine the polls in Northern Ireland?

[Mr Harper]

The combination amendment will provide for the combination of all the elections taking place next year.

Returning to the point about the instruments that will be laid, the amendments are clearly based on existing law. It would be bizarre to table amendments to this Bill in respect of legislation that has not yet been laid before Parliament. The amendments to this Bill are based on the law as it stands. As the hon. Gentleman knows, the territorial offices will lay orders, and if they change the legislation, we will make the appropriate changes and lay them before the Committee or the House.

[Chris Bryant]

Of course I fully understand that: amendments cannot be tabled if they depend on legislation that does not yet exist. It would be better to put the legislation in place first and then table the amendments to it. I seek the Minister’s assurance on one issue. It would be inappropriate if the amendments that follow after the territorial statutory instruments were not tabled in this House—in other words, if we were not to see them on Report. I hope that the hon. Gentleman will make that assurance to the Committee.

[Mr Harper]

Like the hon. Gentleman, I am very keen that on matters to do with elections this House should get to pronounce before the Bill goes to the other place. I believe that that is important; we will seek to achieve that.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

I am looking at amendment 353, but it is not clear precisely which “parliamentary constituency” is referred to. Does it mean a Westminster parliamentary constituency or a Scottish parliamentary constituency? As Members would or should know, there is quite a difference in numbers—72 as opposed to 59—between the two. There is some ambiguity in the amendment; it is not at all clear.

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[Mr Harper]

The hon. Gentleman makes a very good point. Fortunately, I am not responsible for the drafting of amendment 353; it is a matter for the Leader of the Opposition and his right hon. and hon. Friends, so they should answer questions about the amendment. For my part, I urge them to withdraw it. If they press it to a vote, I urge the Committee to vote against it. On this occasion—it does not happen on many occasions—I am at one with the hon. Member for Na h-Eileanan an Iar (Mr MacNeil).

[Chris Bryant]

For the sake of clarity, we are not saying that the count needs to be done by those constituencies; we are merely saying that the vote needs to be provided by parliamentary constituencies so that we can have full clarity across the whole of the land on the same basis. The wording is taken directly from the Political Parties, Elections and Referendums Act 2000.

[Mr Harper]

Fortunately, neither I nor my hon. Friends were responsible for that legislation. It was introduced by the hon. Gentleman and his colleagues when they were in government. I am thus not going to defend the wording. I think that the hon. Member for Na h-Eileanan an Iar is probably spot on in what he said.

[Mr MacNeil]

The intervention from the Opposition Front Bench has only added to my confusion. Does the amendment refer to both the Scottish and the Westminster parliamentary constituencies or neither—or is it “Please yourself and toss a coin”?

[Mr Harper]

Again, I think that the hon. Gentleman is quite right. The Government propose to have the counting done and the results declared in tandem with the other elections taking place that day. We believe that that is administratively sensible and in no way affects the legitimacy of the results, as my hon. Friend the Member for Grantham and Stamford has pointed out.

My final point in response to the hon. Member for Rhondda is that he was effectively inviting me to do the chief counting officer’s job for her. Of course there are rules laid down for the conduct of elections, but it is for her to judge whether the regional counting officers and others appointed to work for her are carrying out their responsibilities appropriately. It is not for me to micro-manage her judgment—her judgment is a matter for her. On that basis, I urge hon. Members to support the Government’s amendments and urge the hon. Member for Rhondda not to press amendment 353 to a Division.

Amendment 261 agreed to.

Amendment made: 262, page 14, line 28, leave out sub-paragraphs (3) to (5) and insert—

‘Assistance to counting officers etc

2A (1) A local authority whose area forms, or forms part of, a particular voting area must place the services of their officers at the disposal of—

(a) the counting officer for the voting area, and

(b) the Regional Counting Officer (if any) appointed for the region that includes the voting area,

for the purpose of assisting the officer in the discharge of his or her functions.

(2) In this paragraph “the local authority”—

(a) in the case of a voting area that is a district or county in England, or a London borough, means the council for that district, county or borough;

(b) in the case of the City of London voting area, means the Common Council of the City of London;

(c) in the case of the Isles of Scilly voting area, means the Council of the Isles of Scilly;

(d) in the case of a voting area in Wales, means the council of a county or county borough;

(e) in the case of a voting area in Scotland, means the council of a local government area.’.—(Mr Harper.)

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

I beg to move amendment 328, page 15, line 35, leave out ‘may’ and insert ‘must’.

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[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

I should like to speak to amendments 333 to 340, which aim to correct a serious deficit in our democracy. People will have seen in the media some of the scenes from the recent general election, in which voters queued for hours to vote. That happened in my constituency, where there was a paucity of ballot papers, and some electors are known to have been denied access to their polling station. What is less well known, however, is that a staggering 67% of disabled people surveyed by the Polls Apart campaign reported experiencing barriers to their participation in the ballot. Sadly, this is an acute reflection of the voting experience of thousands of disabled voters at every election for every tier of government since emancipation. It also highlights a worrying lack of accountability, as there is at present no way for people to appeal when they are wrongly denied their vote, other than by mounting an expensive, onerous and bureaucratic legal challenge.

Many disabled people find it difficult physically to access a polling station, and that can be for a variety of reasons, including steps leading to the entrance, narrow doorways and corridors or a lack of a low-level polling booth. As my right hon. Friend the Member for Cardiff South and Penarth (Alun Michael) said, nearly half of all polling stations failed to display a large-print ballot paper, making it virtually impossible for visually impaired people to mark their papers independently and with privacy. Election officials regularly offer postal voting as a panacea for disabled people to participate in the ballot, but disabled people often want to vote in person, like everybody else, or at least to have the choice. The fact that people are disabled is no reason to deny them that opportunity.

It is also important to remember that for a significant minority, postal voting is completely inaccessible. Voters with visual and co-ordination impairments, people with learning difficulties and those with low literacy or English as a second language all find it difficult or impossible to vote independently and in secret using a postal vote. In May, 47% of disabled people surveyed reported difficulty in completing their postal vote. For voters with co-ordination impairments such as cerebral palsy and arthritis, voting by post can present significant barriers. Even if someone can mark their ballot paper without assistance, the need to tear down perforated lines, fold the ballot papers and put them into a series of envelopes can make voting by post difficult and frustrating. I wonder whether any hon. Members here today could imagine going through the postal ballot process if they were blind.

The Electoral Commission said in its briefing for this Committee stage that it intends to work its hardest to ensure that the AV referendum is as accessible as possible. Although I welcome that news, I and organisations such as Scope, the RNIB and Mencap will quite rightly point to the evidence that I just presented to the Committee and say that more must be done. The Representation of the People Act 2000 and the Electoral Administration Act 2006 make some provision to improve accessibility in general, local and European elections. The Electoral Commission has also produced some good guidance, yet the evidence presented by the Polls Apart campaign shows that this last general election excluded thousands of disabled voters. What right have we to exclude them from this referendum or from any ballot box now or in the future?

There are some simple steps that need to be taken. Existing statutory obligations and guidance must be met and an accountability mechanism for returning officers must be introduced if they fail to meet them. Returning officers need to work with disabled people and their organisations when designating and setting up polling stations. Local authorities should annually review the accessibility of polling stations and publish that information for the electorate to comment on. Following the example of the Northern Ireland review, returning officers should write to voters informing them of the inaccessibility of their polling station and give disabled people the right to choose which polling station to attend based on their access needs.

It is essential that this Bill makes provision to minimise the risk that changes to our voting system will impact negatively on disabled people’s right to participate in the electoral process. Without proper scrutiny to ensure that there are no barriers to participation, the proposed changes could make it more difficult for disabled people to exercise their fundamental right to vote.

I want this referendum to be the most inclusive ballot we have ever held in the UK. It should be the ballot that sets the benchmark and this referendum should ensure that every person who wants to is able to exercise their right to vote.

[Mr Harper]

I welcome the principles behind the amendments tabled by the right hon. Member for Cardiff South and Penarth (Alun Michael) and the hon. Member for Liverpool, Wavertree (Luciana Berger). It is very important that everyone has an equal opportunity to cast their vote in the referendum, and I am glad that the amendments raise that important issue.

I want to reassure the Committee that there are significant provisions made throughout the Bill—indeed, later this afternoon we will consider some Government amendments that will give the Electoral Commission further powers to ensure that the forms used are accessible—to ensure that voting is fair for all, including disabled people. Ensuring that ballot papers and polling stations are accessible to all is already a duty that counting officers and returning officers have. For the purposes of the referendum the chief counting officer will also be able to give directions to counting officers on how they discharge those functions.

[Alun Michael]

Will the Minister comment on the central point of the change from “may” to “must”?

[Mr Harper]

If the right hon. Gentleman will allow me, I shall first set out what the Electoral Commission has said, some of which the hon. Lady has quoted, about how it intends to proceed. The chief counting officer can give directions to counting officers. Both the right hon. Gentleman and the hon. Lady have made the point that in previous elections the Electoral Commission has not done an adequate job. Interestingly, Scope’s Polls Apart report, which I had the opportunity of speaking to at the launch event earlier this year, said that the guidance that the Electoral Commission and the Association of Electoral Administrators produced on facilitating voting by disabled people was good but was not well implemented. The Electoral Commission does not have the power in elections to mandate the way in which returning officers behave but the chief counting officer will be able to issue directions to regional counting officers and counting officers. It is therefore worth considering the approach that the Electoral Commission plans to take.

The Commission believes it is important that the voting process is accessible to all electors. It says that it takes seriously its duty as a public body under equality legislation—including under the Disability Discrimination Acts and the Equality Act 2010, relevant parts of which will come into force next year—to ensure, among other things, that the information it provides is accessible and available in alternative formats. It has made it clear that the information it plans to send to every household will include information about voting systems, what will happen in the event of a yes or no outcome and how to take part in the referendum, including how to register and how to vote. That booklet will be available in a range of formats, including Braille, audio and large print.

The chief counting officer has said that she will issue guidance and directions to regional counting officers and counting officers regarding their duties in respect of accessibility and disabled voters under relevant equality and electoral legislation. She has also said that the Commission will continue to work with the excellent organisations that the right hon. Gentleman and hon. Lady mentioned, such as Mencap, the RNIB, Scope and other representative and advocacy organisations, to ensure that the referendum is managed and delivered in an appropriate way so that all electors have the chance to participate. That is a great reassurance because, unlike in elections, the chief counting officer for the referendum will be able to direct regional counting officers and counting officers on how to carry all that out.

My officials have discussed aspects of the Bill with Scope and they are very happy to do so with other organisations. In my previous life as the shadow Minister with responsibility for disabled people, I worked very closely with many organisations representing disabled people so I know what an excellent job they do. I also know from my experience as a constituency MP how much disabled people want to participate in elections not just by postal vote but, as the hon. Lady correctly said, by taking part in person. People with physical disabilities and people with learning disabilities are keen to express their views and we want to make sure that they can do so.

Having welcomed the amendments in principle, I am not convinced that they are the best way of achieving the aims behind them. The commission already has powers to do what the amendments propose in many cases and I do not think that turning those powers into obligations—this comes back to the point on which the right hon. Gentleman was pressing me about converting “may” into “must”—would add much to the Commission’s options. Indeed, it might be damaging to take away its discretion to decide when it is necessary to issue directions or guidance. I do not think that would be helpful. By setting out what the commission has said on this, I have shown that it takes these issues very seriously. There are already important legal obligations on the commission, as a public body, under disability discrimination legislation and the Equality Act and I am not sure that the extra obligations that the amendments would place on the commission would add clarity. If anything, they would be in danger of making the legal position more complex.

Let me address another issue that the right hon. Gentleman and the hon. Lady have both touched on about this poll in particular and elections in general. There may be changes that we can make to electoral law in general—the Government keep that under review—but I do not think that legislating specifically for one poll, even if there were things on which I agreed with the right hon. Gentleman, would be a sensible way of going about it.

On electoral registration, the right hon. Gentleman was right to point out that there is an issue to do with the number of people who are eligible to vote and are not on the electoral register. As he knows, during our September sittings I made a statement in the House about bringing forward individual registration, to deal not just with people who are on the register but should not be, but with the completeness of the electoral register. The Government think that completeness is as important as accuracy, and I have written to every local authority to urge their participation in data-matching pilots to try to identify voters who are not registered to vote and to look at how local authorities can best target their resources to get them on the electoral register.

The right hon. Gentleman made a tiny partisan point, when he said that he and his hon. Friends had been calling for change for many years. That may be the case and I have no doubt that the previous Government meant well, but in terms of outcomes they did not make a huge amount of progress in getting people on the electoral register. I hope he will support this Government in our efforts to do better.

To improve disabled people’s access to the democratic process, it is important that the Government continue to work with the organisations that the right hon. Gentleman, the hon. Member for Liverpool, Wavertree and others have mentioned. We shall keep the matter under review, but I do not think the amendments are the best way to improve access for the disabled to this poll, so I urge both Members to withdraw their amendments.

[Chris Bryant]

I warmly congratulate my right hon. Friend the Member for Cardiff South and Penarth (Alun Michael) and my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) on their amendments. There was a time when Parliament did not consider the rights of people with disabilities at all; those people and their rights were often ignored by society. We have moved a dramatic distance over the past 15 years in the rights of people with disability.

I am somewhat disappointed by the Minister’s words. When I was a Minister, an amendment might look perfectly sensible but some civil servant would come up with a reason why we could not possibly agree to it. The Whips would then say that we had to hold firm and that we could not possibly give way. The Minister may be right about some of the amendments, and it would be wrong to put in the Bill precise rules about whether the font size should be 12 point, 16 point or whatever. However, it would seem from what the Minister said that there would be no harm, in terms of their general principles, if the first two amendments tabled by my right hon. Friend were added to the Bill. They would apply only to this referendum, not to everything else.

The Minister made a point about the difference between the relationship in a normal election between the Electoral Commission and the returning officer, when the commission cannot direct, and the situation outlined in the Bill, when the chief counting officer can direct. That is all the more reason for us to provide in the Bill precise instructions that are in terms not of “may” but of “must”. I challenge the Minister to tell us what would be the harm in that amendment. I can see no harm that could possibly accrue, whereas the possible advantage could be significant to people with disabilities.

It is worth bearing in mind the statistics, which we have already heard, on the number of people who face significant accessibility barriers when voting at polling stations—67% of people with disabilities. We should recognise that there has been a tiny improvement on 2001 and 2005, but the previous Government were not enormously successful either, which is why we need to be more resolute in pursuing such issues.

The interesting figures in “Polls Apart” on voting by post are significant. Many people have presumed that now that people with disabilities can vote by post, the problem is solved. In actual fact, the great variation in how to cast a postal vote across the country—there are different ways of folding envelopes and of putting one envelope inside another—means that it is difficult to have a national campaign explaining how to use one’s postal vote. Many elderly people, quite apart from other people who might have disabilities, find it phenomenally difficult to vote by post.

At the general election, both in my constituency and when campaigning in other constituencies, I found that a lot of people had registered for a postal vote but found it difficult to understand precisely how they were meant to take it forward. Many of them would have preferred to have voted in a polling station, but if they are to be able to do so on an equal basis with anyone else in the land, explicit provision enabling them to do so needs to be made.

At the last election, there were fewer large ballot papers available than in 2005, which is a disgrace; I take no pleasure in saying that something that happened under the Labour Government was not an enormous success, but that is a fact. The difficulty with the argument that the Minister advances is that he is basically saying, “It’s all going in the right direction. We don’t need to put measures in the Bill, because it will all be provided for,” but the truth is that while many officials who have worked on the issue in previous years have made gains in some areas, in others they have moved backwards in relation to their obligations.

For instance, there are fewer polling stations in the Rhondda than there were in 2001. In the case of the polling station provided in Stanleytown, a small village in Tylorstown that is on a fairly steep hill, there was no public building in which to put it, and as the doors of all the houses are too narrow, no house could be used, so a portakabin was used. Unfortunately, halfway through the afternoon, the portakabin started sliding down the hill, which did not exactly make it more accessible than any other polling station.

There are serious problems, and I urge the Minister seriously to consider supporting, rather than opposing, the amendments that have been tabled.

[Mr Harper]

I have considered the amendments carefully, partly because of the role that I held before we entered government. I looked at the amendments myself, and at my advice from officials, and I genuinely do not think that the amendments add anything to the legal obligations that already fall on the Electoral Commission as a public body under the Disability Discrimination Act 1995 and the Equality Act 2010. Also, interestingly, the chief counting officer can make directions about whether the guidance, which Scope acknowledged was good, is put into effect. In response to the “Polls Apart” report, I have asked officials to look at all the recommendations and how we might act on them. The period after the referendum will be a good opportunity to look at the difference that the chief counting officer has been able to make with her direction, and to see whether we have proposals to take forward for elections more generally.

[Chris Bryant]

I am sorry, but that is more soft soap. I fully understand the Minister’s good intentions—he has advocated the causes that we are discussing many times—but I think that he has been seized by civil-servantitis. I fully understand the motivation behind the amendments of my right hon. Friend the Member for Cardiff South and Penarth and my hon. Friend the Member for Liverpool, Wavertree, relating to the size of font and so on. I understand why the Minister might not want those provisions in the Bill, with regard to the referendum, but his argument falls at the first hurdle. He says that the chief counting officer will be able not just to provide guidance, but to direct. Surely it would make more sense for us to say not that the chief counting officer may make certain directions, but that she must do so, including

“directions about the discharge of their functions specifically in relation to voters with disabilities”.

I cannot understand for the life of me why the amendments could not be accepted. I can see no harm that would be done if they were. The Minister has not advanced any example of harm that would be done to the legislative process. If we are in any doubt as to whether we should move forward with the amendments, I would have thought that we should err on the side of caution and support those with disabilities. Once again, I urge the Minister to change his mind, and I congratulate my right hon. Friend the Member for Cardiff South and Penarth and my hon. Friend the Member for Liverpool, Wavertree, on their amendments.

--- Later in debate ---

17:34

Division 77

Ayes: 235

---

Labour: 220
Democratic Unionist Party: 6
Scottish National Party: 5
Social Democratic & Labour Party: 1
Independent: 1
Plaid Cymru: 1
Alliance: 1
Green Party: 1

Noes: 328

---

Conservative: 275
Liberal Democrat: 53

Amendments made: 169, page 15, line 42, at end insert—

--- Later in debate ---

[Mr Redwood]

I am grateful for that intervention, from which I learned that the no campaign would like one of these booklets. However, I rather prefer the lock on the door that my hon. Friend the Member for Harwich and North Essex is proposing, as I remain to be persuaded that such a booklet can be phrased in a way that everybody would find fair. The fairest thing to do is to put this lock on the door; then we will know that we have had a fair referendum because everybody will have consented to it.

If the Minister will accept amendment 247, that will be wonderful and my hon. Friends will rest content. If, as I suspect, he will not, will he at least say that he will warn the Electoral Commission not to try to write a definitive document, as it would just be torn to pieces?

[Mr Harper]

There are three amendments in the group, which seek to clarify the role of the Electoral Commission in providing information about the voting systems on which the public will be asked to vote. I ask hon. Members to support Government amendment 264, which clarifies the Electoral Commission’s role, making it clear that it can make appropriate information available in line with its stated intention to provide strictly factual or neutral information to voters on how the different systems work in practice.

Hon. Members will know that when the Electoral Commission was doing its research on the question, which we debated last week, one important conclusion highlighted the limited knowledge of voters about different voting systems. My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) raised the same point in his remarks. The report acknowledged that the referendum campaigns and media coverage will increase public understanding. The current public awareness role of the Electoral Commission, seen in paragraph 7 of schedule 1, is to provide information about the mechanics of the referendum—how it takes place and how to vote in it. My hon. Friend had a bit of fun with the language earlier, but I am sure we can agree that what is important is the practicalities rather than whether to vote yes or no. We are not going to table an amendment to mandate the answer, I am afraid to say. The Government are, of course, neutral on the result.

The current paragraph 7 of schedule 1 does not necessarily envisage giving factual information about the two voting systems and it is unclear whether the general awareness role in the Political Parties, Elections and Referendums Act 2000 really enabled what was intended, which was to allow the commission to publish information about a voting system that is the subject of a future referendum. We wanted to make the position clear—hence Government amendment 264, so that the Electoral Commission can indeed make that information available.

[Mr Nigel Dodds (Belfast North) (DUP)]

Does the provision in the Government amendment to

“take whatever steps they think appropriate to provide”

in respect of information and so forth include the sort of activity described by the hon. Member for Foyle (Mark Durkan) as applying in the Irish Republic, including putting out rebuttals against claims made by different sides of the argument? If that were the case, we could certainly see the Electoral Commission being dragged into very dangerous political territory indeed.

[Mr Harper]

If the right hon. Gentleman would allow me to make further progress in my response to what I thought were the wise words of my right hon. Friend the Member for Wokingham (Mr Redwood), he would understand the terms of the advice that I would put to the Electoral Commission, which I suspect it would work out for itself, too. I suspect that it would not be tempted down that path. If the right hon. Gentleman does not think that I have answered his question, he is welcome to intervene again.

Amendment 136, moved by the hon. Member for Rhondda (Chris Bryant), deals with the Speaker’s Committee, but I am not at all convinced that that is the right body to be involved here. The Electoral Commission has already presented its plans for public awareness and costs to the Speaker’s Committee, supplying it with information, but given that the Speaker’s Committee is made up of politicians, I am not entirely certain that it is the most appropriate body. When it was said earlier that its views about this particular campaign were not clear, it reinforced the point that it might not be the right body to be involved. Given that two members of the Committee are Ministers, it is difficult to see whether they would be acting in their position as Ministers—the Deputy Prime Minister is an ex officio member, although the Government are neutral about the result of the referendum—or as protagonists. The two Ministers involved have their own views, so I fear that this might drag the Speaker’s Committee into the debate. Hon. Members have already warned of the dangers of bringing the Electoral Commission directly into the debate, so this provides an example of a similar danger.

[Mr Jenkin]

My hon. Friend is making a very strong argument for the Electoral Commission not to put out any information at all. If the Speaker’s Committee is fit to appoint the Electoral Commission, surely it is a fit body to hold it to account. Otherwise, to whom is the Electoral Commission accountable?

[Mr Harper]

If my hon. Friend waits until I have developed my remarks further, he might be a little happier.

If we are to allow the Electoral Commission to publish some information—I shall come on to the details later—we must allow it to be flexible, so putting in these extra hurdles is not sensible. The commission already produces lots of guidance—admittedly not perhaps in such charged circumstances—without any sort of approval, and it works fairly well.

Amendment 247 starts from the laudable assumption that we want to ensure that information provided to voters in the referendum—and most certainly if it is provided by the Electoral Commission—is neutral and fair. I fear, however, that it might have an unforeseen consequence by preventing the Electoral Commission from publishing information or giving the yes and no sides a veto in the 28 days before votes are cast. It might encourage the Electoral Commission to publish information earlier than that, which I do not think would be particularly helpful for voters—effectively stopping the publication of information during what voters would perceive as the campaign period. The hon. Member for Foyle (Mark Durkan) made a good point when he said that giving either player on the pitch an effective veto might be a recipe for grief and mischief.

I know that my hon. Friend the Member for Harwich and North Essex has anticipated my next argument and tried to clear it out of the way. When asked about the neutrality of the Electoral Commission last week, he said that he had “the highest respect” for Jenny Watson and that

“because of her previous position, she will want to be seen to be as impartial as possible”.—[Official Report, 12 October 2010; Vol. 516, c. 204.]

I think that is correct.

I strongly suspect that when the commission considers what factual information it is going to publish in practice, it will come to the same conclusion as the Government. Before Second Reading, the Government published a short factsheet, which we placed in the Library. It was on the first-past-the-post system—for want of a better description—and the alternative vote. Although the two Ministers involved have a difference of opinion on the outcome of the referendum, we were very clear that the Government document needed to be neutral. The amount of information that can be produced on the two voting systems—the current one and the proposed new system—without being drawn into their merits, is very limited. That is why we ended up producing a factual and neutral document, not a very comprehensive one, which we have placed in the Library. I suspect that the Electoral Commission will reach the same conclusion. My right hon. Friend the Member for Wokingham thus made a good point, and, as I say, I believe that the commission will reach the same conclusion.

That is not to say that there is no value in producing the information. Research done earlier into the question that should be asked revealed that a number of members of the public did not understand terms such as “House of Commons” and “Parliament”—even basic information like that. We might consider providing such information unnecessary, but it might be of great use to enable voters to make a decision. A great deal of information that is neutral and factual can help to get voters up to a level that we would take for granted, without trespassing on the merits of the arguments behind the two voting systems.

[Mr Jenkin]

Can we therefore put my hon. Friend’s neutrality to the test? Is it true that under the alternative vote system, no one can get elected without obtaining more than 50% of the votes?

[Mr Harper]

I will give a brief answer, as Mr Gale will tell me off if I stray too far from the amendments and we will debate this issue again when we get to clause 7. Someone can be elected. One has to have 50% of the votes remaining in the count at that stage. Under our system, which is optional preferential, voters do not have to express a preference. If a significant number do not express a preference for candidates, someone could get elected without having 50% of the votes cast in the first place, but they do have to have 50% of those remaining in the count. That is a very simple, straightforward, factual answer, and I am sure that my hon. Friend will probe me on it further when we debate clause 7 and the mechanics of the system that we plan to introduce.

--- Later in debate ---

[Chris Bryant]

This has been an interesting discussion. In a sense, at the back of this debate lies the fact that the vast majority of voters do not spend all their time worrying about voting systems. For that matter, they do not spend much of their time worrying about party politics or politics in any shape or form. In July, I knocked on a door to ask someone to vote Labour in an election. He said, “I am never, ever going to vote Labour again in my life because you just increased VAT.” When I said, “But we haven’t,” he replied, “You’re the Government aren’t you?” I said, “No, we’re not,” and he said, “Well, you were earlier this year.” I suppose that is a version of the argument that Conservatives and Liberal Democrats use all the time.

There is a serious point. Sometimes, when it comes to explaining voting systems, it is not so much that voters are not bright enough to understand, but simply that their eyes glaze over, because they think, “Why on earth are you bothering to talk to me about this?”—[Hon. Members: “Hear hear!”] Listen: I am one of those who wants to reform the system. As we lead up to the referendum, it will be difficult to provide the kind of information that most voters would admit they ought to have in their heads before they vote.

That could quite simply be because voters are not always interested, but the right hon. Member for Wokingham (Mr Redwood) was absolutely right in saying that it is very difficult to arrive at a truly impartial presentation of the facts. From a theological point of view, that is true of nearly everything. We always underestimate how much our subjective opinions influence how we interpret and present the facts, and even what we choose to call a fact as opposed to something else. Certainly, that is true of the BBC. If the referendum were on the European Union or the Lisbon treaty, there would be even more excitement, and equal levels of misunderstanding and distrust of the system. The other aspect is that many voters simply do not believe anything that any politician says, so why on earth would they believe what is presented in the referendum?

There are specific matters on which there is enormous potential for quarrel in the material that the Electoral Commission will present. Let us say that the commission wanted to describe in its literature the advantages of a first-past-the-post system—the right hon. Member for Wokingham said that it could be presented as the person who gets the most votes wins. I would guess that every single one of those advantages would be disputed by someone on the other side of the argument. How on earth can the commission possibly arrive at a set of advantages or disadvantages of either system in the information? Similarly, some would argue that the alternative vote could lead to more hung Parliaments. That is highly contentious, but I am sure that the hon. Member for Harwich and North Essex (Mr Jenkin) would argue that that is a proven fact. I urge caution regarding the quantity of information that the commission will provide.

Interestingly enough—it may not be interesting to hon. Members, but it is to me—I had lunch today with some Chilean Senators and Members of Parliament who have accompanied President Pinera on his visit. They wanted to know exactly what alternative vote system was being proposed. They are experienced politicians and have just changed their electoral system, so I thought that they would know what the alternative vote system was. In their heads, they were working on the assumption that there would be a second round of voting rather than an instant run-off, to use the phrase of the hon. Member for Harwich and North Essex, because if nobody gets 50% in the first round of Chilean presidential elections, there is a second round.

Notwithstanding that, the Electoral Commission has made it clear that there is a need for information. Some of its findings from earlier this year are enlightening. Its report states:

“The vast majority had no knowledge of AV and did not know how to vote under the system or how candidates would win a seat…A few people who were more interested and engaged had found out about AV when they heard about the referendum. Some people, particularly in Scotland and Northern Ireland, said they ‘had heard of’ the system but did not know how it worked. They assumed it to be the same as the proportional representation systems used in elections there.”

Of course, that makes the point that it is difficult to use a phrase such as, “The system used in parliamentary elections now,” because the system for Scottish parliamentary elections is not the same. We cannot simply refer to “the present system” because the system is different in Wales. For that matter, some have referred to the system for electing the London Mayor, but that is different again, because voters have only a second preference vote rather than a fully alternative vote.

There is also a problem in relation to the presentation of materials. Notwithstanding the remarks of my hon. Friend the Member for Foyle (Mark Durkan), the weathered eye—or perhaps the battered eye—of politicians can sometimes be useful. We are used to decrying politicians and saying how terrible they are. Everybody wants there to be no more politicians ever again, but we do add value in some regards.

[Mr Harper]

Just in case the hon. Gentleman is unaware, four former politicians were appointed to the Electoral Commission on 1 October specifically to improve the commission’s understanding of the conduct of politics. They are very experienced figures and represent major and minor parties, and I would have thought them perfectly capable of steering the commission out of any choppy waters into which it were so minded to sail.

[Chris Bryant]

I am aware that those people were appointed because I was in the Chamber when the Whip with the billiard cue came in and announced it. However, they are not all elected. Some are experienced in running elections—certainly Lord Kennedy of Southwark is—and some have stood for office, but none the less, the weathered eye of a sitting, elected politician would be quite useful.

For instance, let us say that the commission decides to use Labour red for everything relating to a yes vote and Conservative blue for everything relating to a no vote. That would be problematic. A politician would spot it instantly, but many professionals who run elections would not, because they are attuned to different things. I say to my hon. Friend the Member for Foyle that there is a specific role for the Speaker’s Committee—I can see one member of that committee in the Chamber.

Perhaps the hon. Member for Corby (Ms Bagshawe) is used to editors editing her copy, or perhaps it goes straight through and clean into her books, but I do not think that members of the Speaker’s Committee on the Electoral Commission will want to interfere unnecessarily. They might just bring another valuable perspective to any material that is produced. There is no reason why that should lead to interminable delay, and I think it would be good if members and ex officio members of the committee were to bring their experience to deliberations.

The Minister pointed out that two committee members are also members of the Government, and he is right: there is the Minister for Housing and Local Government who is a Conservative, and there is the Deputy Prime Minister who, at least for the moment, is a Liberal Democrat. Of course, in their personal capacities the two of them will reach different conclusions coming from different sides of the argument, but in their ministerial capacities, they will agree on neutrality. Therefore, in making his observation the Minister adds to my argument, rather than takes away from it.

Finally, I have a bone to pick with the right hon. Member for Wokingham. He referred to the Minister speaking from his ex cathedra pulpit, and I just point out that one is either speaking ex cathedra or from a pulpit. The cathedra is the throne on which the bishop or Pope sits; it is certainly not a pulpit.

I will press my amendment to a Division, although I very much hope that the Minister will agree to it, notwithstanding his earlier complaints.

Question put, That the amendment be made.

The Committee proceeded to a Division.

--- Later in debate ---

18:41

Division 78

Ayes: 233

---

Labour: 222
Democratic Unionist Party: 7
Conservative: 2
Independent: 1
Green Party: 1

Noes: 328

---

Conservative: 269
Liberal Democrat: 50
Scottish National Party: 5
Social Democratic & Labour Party: 1
Plaid Cymru: 1
Alliance: 1

Amendments made: 264, page 17, line 5, at end insert—

--- Later in debate ---

[The Minister of State, Foreign and Commonwealth Office (Mr Jeremy Browne)]

And as a former 16-year-old.

[Natascha Engel]

I was coming to that; that was my joke. [Interruption.] All right, I will say it again in a moment. I am a former trustee of the UK Youth Parliament, honorary president of the British Youth Council, a former chair of the all-party group on youth affairs and—are hon. Members ready?—I speak as a former 16-year-old. [Laughter.] I thank hon. Members for laughing at that. I could not vote when I was 16, and although it was almost 30 years ago I remember how deeply frustrating it was not to be able to take part in something as important as voting was to me then.

--- Later in debate ---

[Natascha Engel]

But they are so worth it!

[Mr Harper]

If the Government get their way, the referendum will take place on 5 May 2011, so based on the logic of her case surely the hon. Lady should be arguing that people who are 14 next year, who will be entitled to vote at the general election on 7 May 2015, should also be enfranchised. That is the logical conclusion of her argument, so why is that not the amendment she has tabled?

[Natascha Engel]

I tabled the amendment because the campaign to lower the voting age to 16 is well established. The argument we are making is that 16-year-olds are perfectly able to take responsibility and to have a well thought-out and well argued opinion. We need to focus on that. Personally, I would have no problem with allowing 14-year-olds to have a say, but that is not what we are arguing for today, although I know plenty of 14-year-olds who are very capable of making responsible decisions. The reason we have a limit at 16 is the same as the reason for having a limit at 18—it is arbitrary. I argue that we need to lower the age, because people can take responsibility. As has been said, 16-year-olds are allowed to go to war, and with the consent of their parents they are allowed to get married. They can do any number of things. Although the limit may be arbitrary, the campaign is well established and we need to draw the line somewhere. At present, it is being drawn at 18, but I would like it to be 16.

[Natascha Engel]

That is absolutely spot-on. I thank my hon. Friend for that intervention.

[Mr Harper]

I shall limit myself to this point, or we shall be in danger of not moving on, but I want to nail it because it is driving me round the bend. The hon. Lady correctly said that 16-year-olds could not join the armed forces without their parents’ permission, but she also knows that we do not deploy to conflict people aged under 18. If she makes such arguments, she should at least make sure that they are factually accurate.

--- Later in debate ---

[Graham Jones]

Given that the hon. Gentleman is now encouraging his constituents aged 17 and under to vote against the Conservative party, I hope that he has more children.

It is claimed that young people do not have the experience and knowledge to vote. When my grandmother was 95, she had serious Alzheimer’s, yet she still held the right to vote. Nearly all young people are far more informed than my grandma was in her later years, but we never thought about taking the vote from her. Saying that young people are not experienced or knowledgeable enough is not a strong enough argument. It does not reflect real life or how people experience it. Indeed, I believe that 16 and 17-year-olds are often in a better position to make an informed judgment. There is no principled or consistent argument that justifies denying the vote to young people.

[Mr Harper]

Many issues have been raised and many amendments have been tabled. I shall try to deal with them briefly—

[Mr Brady]

At a canter.

[Mr Harper]

Indeed.

The amendments would amend clause 2, which sets out the franchise for voting in the referendum. It might be helpful to tell hon. Members who have tabled amendments that, with one exception about peers, which I shall outline, we have simply applied the franchise for Westminster elections in the Bill. We thought that that was appropriate. We have not used the one-off referendum as an opportunity for experimenting with the franchise.

Amendments 59 and 60 would prevent Commonwealth and Irish citizens from voting. Given that my hon. Friend the Member for Altrincham and Sale West (Mr Brady) said that he was not only an enormous but an eternal optimist, I hope that he can hold that optimism in reserve for a future date, when we might revert to those matters.

To explain why we are here, my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd), who is no longer in his place, put his finger on it when he mentioned the history of our country and how citizenship came about in the first place. I do not often agree with the hon. Member for Rhondda (Chris Bryant), but he made a sensible point when he referred to our history. I also agreed with him when, in speaking about the Commonwealth, he drew attention to the fact that around 10% of our Army is made up of people who would not otherwise be eligible to vote in this country. They serve our country well, and several have been prepared to pay the ultimate price in that service. The point was sensible and well made.

We wanted to stick with the current franchise for the referendum. My hon. Friend the Member for Altrincham and Sale West made a wider point, to which it is worth the Committee’s reverting. When the House has considered other Bills to reform the electoral arrangements, it has always taken the view that it wanted to stick with the existing position, enabling some qualifying Commonwealth and Irish citizens to vote. Of course, it is open to the House, if asked to consider the matter in future, to disagree and try to make a change. I will think some more about the matter, and consider whether it is appropriate for the Government to make such proposals in future. However, I ask my hon. Friend to stick with the existing, tested franchise for the referendum. Indeed, he said in his opening remarks that he did not want us to legislate in haste. All the proposals to fiddle with the franchise specifically for the referendum constitute legislating in haste. There are perfectly sensible arguments for doing as my hon. Friend suggests and for making other franchise changes, but I think that it is best to stick with what we use for our Westminster elections for the referendum.

[Mr Geoffrey Cox (Torridge and West Devon) (Con)]

Is not the point about the referendum that it will change the rules of the constitutional landscape for ever? Now is therefore the time to focus our attention on who should exercise the franchise on that critical question, which will affect how Members are elected to the House for the next 100 years or more. It is different from an ordinary election.

[Mr Harper]

Given our tradition of parliamentary sovereignty, my hon. Friend does not set out the position accurately. If we have a referendum next year, as I hope we do, and if the people of the country decide to change the electoral system, as I hope they do not, it is open to a future Parliament to hold another referendum. The referendum will not change the position for ever—nothing is for ever in a parliamentary democracy. I do not buy the argument that, just because we are having the referendum, we are required to change the franchise over and above the one that we use for parliamentary elections. Choosing the Government of the country is a significant matter. Indeed, many—perhaps more on the Government side of the Committee—would argue that Governments who are elected can make significant changes. Governments took us into the European Union and signed treaties that bind us unless we decide specifically to opt out of them. We might not have been entirely happy that Governments did that, but we did not challenge their right to do so. The Government’s position is that we have stuck with the franchise. However, I have listened carefully to what my hon. Friend the Member for Altrincham and Sale West said, and this is an issue worth revisiting, but this Bill is not the right place to make the change.

[Mr Cox]

Is my hon. Friend seriously suggesting that if the country opts to change the voting system to the alternative vote—I do not think that it will and I fervently hope that it will not—a future Parliament could never turn the clock back and restore first past the post?

[Mr Harper]

Of course it could. If the voting system were changed, the public might reconsider and want to change, either back to the old system or to another one. That has been the experience of other countries that have reformed their electoral systems. It is perfectly sensible to say that that could happen, and my hon. Friend is not really setting out an argument for why we should change in this case.

[Mr Brady]

The Minister is trying to be helpful, and I get the clear message that there may be more legislation in the not too distant future, at which point this issue may be revisited. Can he help me a little further by saying whether the Government believe, as a matter of principle, that the franchise should be adjusted to have citizenship as its basis?

[Mr Harper]

I do not think that my hon. Friend would expect me to set out that position now. As I said, referring to what my hon. Friend the Member for Aldridge-Brownhills said, we have arrived at this position because of our history and traditions. Parliament can, in the future, consider the extent to which it wishes to recognise that history and those traditions—how we have got where we are and how this country was created—or whether it wishes to adopt a pure system such as those adopted by countries without that long history. The House can debate and decide that issue at a future date. The Government do not wish to make that change now, but I will listen to what my hon. Friend the Member for Altrincham and Sale West has said, and I will think on it some more.

[Mr Brady]

The only argument that my hon. Friend has advanced against changing the franchise for the referendum is that it would be legislating in haste and we should give the issue deeper consideration before taking that action. He has not actually argued against the point of principle, and I hope that he will express a view on whether the franchise in elections in this country should be predominantly a matter for citizens, as indeed on 16 September he agreed was perfectly normal and was the case almost everywhere else in the world.

[Mr Harper]

I did say that it was perfectly normal in other countries, but my hon. Friend knows that this country is special—[Interruption.] It has a unique history and we are where we are because of the experiences that we have had in the past. As Conservatives, we should not lightly throw off those historical resonances—

[Chris Bryant]

I hate to say it, but I agree with that last sentence. In offering solace to Conservative Back Benchers, the Minister seemed to suggest that he is actively considering whether Commonwealth citizens should be removed from the franchise for parliamentary elections. Is that true?

[Mr Harper]

I chose my words carefully and I said that I would think about it. There may be an opportunity in the future, when the House considers a wider Bill, when it would be appropriate to debate it. Even if the Government did not bring forward such proposals, hon. Members would table amendments—as they have for this Bill—and give us the opportunity to debate the matter.

[Chris Bryant]

That is clear, and I am grateful to the Minister. Can he answer the question that I asked earlier about Fiji?

[Mr Harper]

Fiji has been suspended from the Commonwealth, and the usual practice is that in such cases we do not take steps to remove the right of qualifying citizens from those countries to vote in our elections.

It is worth saying that the right of Commonwealth citizens to register to vote is restricted in electoral law to qualifying Commonwealth citizens—those who do not require leave to enter or remain under the immigration legislation, or those who do require leave but have it. I say that because my hon. Friend the Member for Aldridge-Brownhills suggested that in some constituencies significant numbers of illegal immigrants had managed to get themselves on to the electoral register and that there was no duty on electoral registration officers to do anything about that. But that is not the case. Electoral registration officers have a duty to maintain an accurate and complete register and to inquire whether people are eligible to be—

[Mr Shepherd]

Will my hon. Friend give way?

[Mr Harper]

I see that my hon. Friend is back in his place.

[Mr Shepherd]

Of course, there is no money. The state of the register is as I reported in my speech. There are many people in that situation, and he cannot disprove that—any more than I can prove it—because no efforts are made to identify whether a Commonwealth citizen who applies to go on the register is here lawfully.

[Mr Harper]

I would say two things to my hon. Friend. First, money is provided to local authorities as part of their normal funding, and it is a matter for the local authority to decide on priorities. In his own case, if he is dissatisfied with how the electoral registration officer is conducting himself, I suggest that he speaks to the chief executive of his local authority and makes those strong representations.

Secondly, given our proposals to move to individual voter registration in 2014, we will be improving the registration system and making it much more difficult for people who are not entitled to be on the register to be on it. I have written to local authority chief executives to ask them to take part in data-matching pilots in which we can, first, identify those who are more likely not to be on the register who should be, enabling authorities to target their resources on them and, secondly, target voters who should not be on the electoral register, to enable authorities to ensure that the register is not just complete but accurate. So there are two avenues there that my hon. Friend can pursue.

I want to address the argument made by the hon. Member for North East Derbyshire (Natascha Engel), whose amendment 332 would extend the franchise to 16 and 17-year-olds. As I said, our approach has been that the people voting in the referendum should be those entitled to vote in a Westminster election. She, perfectly reasonably, is continuing her long-running campaign, supported by a number of hon. Members, to lower the voting age. As I said to my hon. Friend the Member for Altrincham and Sale West, I do not think that experimenting with the franchise in this Bill is the right way to go.

Many hon. Members will know my views on lowering the voting age, but—on a note of agreement—my hon. Friend the Member for Bristol West (Stephen Williams) is right. He is a firm advocate of lowering the voting age in elections in general, but he acknowledges that trying to do that in this Bill, for one specific referendum, is not the right thing to do.

[Natascha Engel]

I do not want to sound rude, but the Minister’s general views on lowering the age are neither here nor there. My amendment concerns this one-off referendum. It seeks to change how the voting system will work at the next general election, when those who are 16 at the time of the referendum will be 18. This is a completely different situation from normal elections.

[Mr Harper]

As I said in my intervention on the hon. Lady, she has not thought through her argument. She has tried to make two different arguments for her amendment, and they do not really make sense. Her argument that people who will be voting at the next general election, on 7 May 2015, should have a say in the referendum would imply logically that people who are 14 next year—four years before the election—should be able to vote in the referendum too. Even she, with her campaign to lower the voting age to 16, has not proposed that, because she knows perfectly well that a proposal to allow 14-year-olds to vote would get laughed out of court, even by those who propose lowering the voting age to 16.

The hon. Lady’s argument does not stack up or make any sense. If we take her argument to its logical conclusion—picking up on the point made about a new voting system kicking in in perpetuity—we should enfranchise everybody alive today, because at some point in the future they will be voting in a general election based on the voting system bought in by the referendum next year. That simply does not make any sense. So we have adopted the usual position in this country, which is that to be able to vote in an election, one must be an adult, which in our system means being 18.

[Chris Bryant]

As far as I can see, the Minister’s argument is that we should use the franchise used for parliamentary elections, but he makes one enormous exception, which is for the peers. [Interruption.] It is not a small exception; it is a large exception. These are the people who are least experienced in dealing with parliamentary elections. I say that not because I have any distaste for peers—some of my best friends are peers.

[Chris Bryant]

Indeed. Nevertheless, what is the logic behind the Minister’s argument for specifically exempting the peers?

[Mr Harper]

Let me deal with that point, and then I will finish off on the general point. Very simply, we considered the franchise, but we made one exception because, the usual argument for peers being excluded from voting for Members of this House is that they are Members of this Parliament. However, we did not think that that restriction made sense in a vote on the voting system, and we therefore decided to make that change. That is the only exception that we have made, and it is a very limited change—I think it unlikely that the result of the referendum will be swung by Members of the upper House.

Let me conclude on the point that the hon. Member for North East Derbyshire raised. Her argument is a perfectly reasonable one, albeit one that I happen to disagree with, but just as I said to my hon. Friend the Member for Altrincham and Sale West, this is not the place to make it. If we were having a debate about voting in general, she would be perfectly entitled to put that view before the Committee and to test the Committee’s opinion. However, for the referendum in question, it does not seem sensible to do that. Her argument—that people who will be affected by the election in 2015 should be entitled to vote in the referendum on the voting system—simply does not make sense, because it would mean giving 14-year-olds the vote in that referendum.

[Natascha Engel]

I want briefly to correct the Minister on that point. That was not the argument I was making; the only argument I was making was that 16-year-olds on the day of the referendum will be 18 on the day of the election.

[Mr Harper]

But my point is that 14-year-olds on the day of the referendum will be 18 on the date of the next general election, so that argument simply does not make sense.

Also, the hon. Lady may not like this—I am happy about it, although she might not be—but I should point out that under the coalition Government’s proposals, referendums are likely to be more frequent rather than less, as we have proposed bringing them forward under our referendum lock. They might be referendums on European matters, local referendums or mayoral referendums. Therefore, those young people who are not yet 18 who miss out on voting in the referendum next year will find that there will be many referendums in the future on which they can vote, once they are 18.

My final point to the hon. Lady is that this issue is not a small one, because if all 16-year-olds on the date of the referendum were able to vote, that would mean electoral registration officers having to register those who are 15, which is a significant change to the way that they collect data. The hon. Lady said that the change would not cause much trouble, but it would actually cause a significant amount of trouble. I therefore hope that she will not press her amendment 332 to a vote, but if she does, I urge hon. Members on both sides of the Committee—and particularly those on the Government side—to vote against it. I also hope that those who are otherwise in favour of lowering the voting age can be happy that this is not the place to do so, because as my hon. Friend the Member for Bristol West said, he can bring forward a private Member’s Bill on the issue, which would be the place to have that debate. I urge hon. Members not to press their amendments to a vote.

[Mr Brady]

I am grateful to the Minister for giving way. He is being generous with his time, but he has not yet dealt with amendment 61, and I hope that he is about to do so.

[Mr Harper]

I am grateful to my hon. Friend: I had indeed omitted to talk about his amendment 61, about overseas voters. He will know that at the moment there is a 15-year time limit, to which he drew attention, for British citizens who live overseas. The Government are considering whether to bring proposals before the House in due course. Again, however, I would say to him that this Bill, on the referendum, is not the place to explore that issue. However, he is an eternal optimist, and he might not have to wait eternally before he can debate the matter in the House—perhaps in the near future. I hope that that will satisfy him and enable him, in all good conscience, not to press his amendments to a vote.

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

Natascha Engel, do you wish to respond to the debate?

--- Later in debate ---

20:46

Division 79

Ayes: 196

---

Labour: 181
Scottish National Party: 5
Liberal Democrat: 3
Democratic Unionist Party: 2
Conservative: 1
Social Democratic & Labour Party: 1
Independent: 1
Alliance: 1
Green Party: 1

Noes: 346

---

Conservative: 277
Liberal Democrat: 50
Labour: 12
Democratic Unionist Party: 6

Amendment proposed: 61, page 2, line 19, at end insert—

--- Later in debate ---

21:00

Division 80

Ayes: 25

---

Conservative: 13
Democratic Unionist Party: 8
Labour: 2
Liberal Democrat: 1

Noes: 539

---

Conservative: 264
Labour: 213
Liberal Democrat: 53
Scottish National Party: 5
Social Democratic & Labour Party: 1
Independent: 1
Alliance: 1
Green Party: 1

Clause 2 ordered to stand part of the Bill.

[Mr Harper]

On a point of order, Ms Primarolo. I gave a commitment on Second Reading that I and other Front Benchers would do what we could to ensure that the Committee had an opportunity either to debate or to vote on the significant issues that arose. Given the time, the Committee will wish to know that in the event of our not reaching clause 6 in today’s debate, I intend to allow it to vote, even if that is, sadly, without debate, on the lead amendment in the group selected for debate in relation to that clause, which proposes turnout thresholds for the referendum to be valid. With the permission of the Members concerned, a member of the Government will therefore move amendment 3 so that it can be put to the vote, thereby fulfilling the commitment that I made on Second Reading.

[The Second Deputy Chairman]

I am sure that the Minister knows that, strictly speaking, that is not a point of order. He has given a point of information to the Committee on how he intends to conduct the business this evening, and I am sure that all Members have taken note of it. I do not wish to have a debate on how the Government might handle this, and I should like to return to the debate because there is still a great deal to cover.

Clause 3 ordered to stand part of the Bill.

Schedule 2

Rules for conduct of the referendum

[Mr Harper]

I beg to move amendment 267, page 26, line 5, leave out ‘16th’ and insert ‘15th’.

[The Second Deputy Chairman]

With this it will be convenient to discuss Government amendments 170, 269, 271 to 273, 171 to 173, 177 to 181, 306 and 161.

[Mr Harper]

The amendments make minor and technical drafting changes to the Bill. Amendments 267 and 269 change the deadline for issuing the notice of poll in the rules for the conduct of the referendum from 16 to 15 days before the poll. The change is necessary to ensure that the combination provisions, which we tabled earlier today, work in the right way.

The rest of the amendments contain a series of miscellaneous minor technical amendments and corrections. I am happy to discuss them further if Members are interested in the detail. I commend them to the Committee.

[Chris Bryant]

I briefly note the Minister’s point of information earlier. However, there are several amendments on the Order Paper and if he thinks that we shall not reach them because he has not allowed enough time, that is his problem. To force a vote, rather than hold a debate, is a disgrace.

I am always profoundly disturbed when I see the words “minor and technical amendments”, because all too often far too much can be hidden away in the detail. The Minister skirted over the change of the notice of poll from 16 to 15 days. As he rightly says, that is because of the combination of polls, but there is no need to have a combination of polls next year. As we have rehearsed many times already today, and on our previous day in Committee, we do not need to hold the elections on the same day, in which case 16 days could be provided for the notice of poll, which would be more sensible. I should be grateful if the Minister explained why he thinks it is better to have 15 rather than 16 days’ notice of poll, in particular because it is more difficult for overseas voters to know when an election is happening. Does he not think that if the elections were on different days, they would have more time? Why is it important to have just 15 days?

Amendment 171 would remove sub-paragraph (4) of paragraph 21, which relates to the keeping of order in polling stations. The paragraph states:

“It is the presiding officer’s duty to keep order at the officer’s polling station…If a person engages in misconduct in a polling station or fails to obey the presiding officer’s lawful orders, the person may immediately, by the presiding officer’s order, be removed from the polling station.”

Sub-paragraph (4), which the amendment would remove, states:

“A person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.”

I do not know why the provision was originally included, or for that matter why it is being removed. What has prompted this change of view? I presume it is nothing to do with the technical wording of the statement, in that the person might not have been charged when he was actually in the polling station, but might have been charged with committing an offence in the polling station. However, I should be grateful if the Minister enlightened us. Some of the other amendments indeed seem to be technical.

[Mr Harper]

I think that with the hon. Gentleman’s first set of questions he seeks to re-argue the debate we had last week.

[Chris Bryant]

indicated assent.

[Mr Harper]

Last week during our first day in Committee, we had an extensive debate on the date of the referendum. I know that the hon. Gentleman argued a different point, but the Committee took the view, by a significant minority, that it wished the election to be on 5 May next year. Given that, it absolutely makes sense to ensure that we combine the elections, so that we make the administration more sensible and make significant financial savings. We have had that argument, and it seems to me that he is seeking to reopen it.

On amendment 171, the hon. Gentleman referred to the fact that sub-paragraph (4) was an outdated provision; to be quite honest, that is why we have removed it. It is simply not necessary.

[Chris Bryant]

What has changed since the Bill was brought forward that has made the provision outdated?

[Mr Harper]

I think it is more the case that we copied across to the Bill a lot of the existing rules. This is a minor, technical change, but on going through the rules more closely, we decided that the provision was no longer necessary. We are simply tidying up the legislation, which I think is perfectly sensible. These are, as my right hon. Friend the Leader of the House often says, running repairs.

Amendment 267 agreed to.

Amendment made: 170, in schedule 2, page 27, line 33, leave out ‘education’.—(Mr Harper.)

[Chris Bryant]

I beg to move amendment 354, page 27, line 37, at end insert—

‘(iii) a school which enjoys charitable status.’.

--- Later in debate ---

[Chris Bryant]

I know personally only one public school in England and Wales that is attached to a monastery, which is Ampleforth. There is also Downside. I know of a considerable number of others, and many are attached to Anglican foundations in various ways, such as Charterhouse. The point I was making was specifically in relation to the Northern Ireland settlement. I now have two Northern Ireland colleagues present. I did not want to disturb the complex equilibrium that sometimes exists in relation to these matters in Northern Ireland.

In the case of Ampleforth, for example, which has a large number of pupils over the age of 18 and a large number of teachers who live on a very large campus, I see no reason why there should not be a polling station for Ampleforth itself. That might apply to a number of the larger public schools which, to all intents and purposes, would represent as large a polling district as some other polling districts. The amendment does not require any action to be taken against public schools. I hope they would see it as an enabling measure so that they might be able to encourage more of their students to vote.

I still hope the Minister will support the amendments.

[Mr Harper]

I fear I may disappoint the hon. Gentleman. The amendments would compel independent schools to be used for electoral purposes and for the referendum, should the local authority decide that they are the most suitable place for such a purpose. Electoral legislation at present provides that all publicly funded schools can be used as polling stations, and we are applying those provisions to the referendum. So that there is no doubt, following discussion with the Department for Education we can confirm that academies and free schools will fall within those provisions as well.

Under the Bill, as in electoral law generally—

[Chris Bryant]

The Minister hurried on there. Following discussions with the Department for Education, he says that the same arrangements will apply to academies and free schools, but under what Act is that made clear? Is it made clear in the new legislation that was rushed through Parliament earlier this year?

--- Later in debate ---

[Mr Harper]

It is clear that schools that are publicly funded and receive Government grants fall under these provisions. Schools that do not receive Government grants do not. I was setting that out for the benefit of the Committee, in case there was any doubt. I see no need to labour the point.

Under the Bill, as in electoral law generally, independent schools cannot be compelled to act as polling stations for other electoral purposes unless they receive Government grants. But, to pick up the hon. Gentleman’s point about how he hoped that his amendment would be an enabling measure, there is nothing in the law to prevent such schools from serving as polling stations voluntarily. So there is nothing in the law to prevent all those schools that he mentioned from acting as and hosting a polling station, particularly if they have lots of students of voting age. They can make that offer to the local authority, and the local authority can take it up; there is nothing at all to stop a school doing so.

On the hon. Gentleman’s wish for the amendment to be an enabling measure, I must say that it is simply not necessary. I do not see any need at all to change the arrangements, which work well. There is nothing to stop such schools volunteering their premises, and I see from his examples that there may well be benefits to the schools and to their students, so I urge him to withdraw this unnecessary amendment.

[Chris Bryant]

I shall not withdraw the amendment, because I do not accept the premise on which the Minister has advanced his argument. I presume that in his definition of a school for the purposes of the provision, he relies on paragraph (9)(3)(a) of schedule 2, which states that it is either

“(i) a school maintained or assisted by a local education authority;”

or

“(ii) a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school”—

including, therefore, all the free schools. From the way he was talking, however, it seemed he was suggesting that he had come across some new reason in his conversations with the Department for Education which proved that free schools would be included.

The Minister is right that anybody can apply to provide a polling station. Indeed, some members of the public have said, “In my street, there is no provision,” or, “In my little village, there is no provision, so if you would like to use my house feel free to do so.” However, I am not aware of any public school or independent school having sought to do so. The Minister did not meet the point that for many state schools there is an inconvenience attached to providing a polling station. The law requires them to do so free of charge, but it does not require anybody else so to do.

The Minister’s distinction is based on whether schools are in receipt of moneys or not; my point is that if a school benefits from a favourable tax regime, namely the charitable status that attaches to large parts, although not all, of the independent sector, they should have a concomitant responsibility to provide such facilities. Many public schools are quite happy to provide on a limited basis their sporting facilities—swimming pool, gym or whatever—to the wider community, and such provision might apply to the situation before us, too. I shall therefore press the amendment to a vote.

Question put, That the amendment be made.

--- Later in debate ---

21:38

Division 81

Ayes: 226

---

Labour: 215
Democratic Unionist Party: 8
Social Democratic & Labour Party: 1
Independent: 1
Green Party: 1

Noes: 336

---

Conservative: 281
Liberal Democrat: 55
Alliance: 1

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

A statement was made by the Minister earlier about thresholds and I am sure that it will all become clear to the hon. Gentleman as he stays for the rest of this evening’s proceedings.

[Mr Harper]

I beg to move amendment 268, page 28, line 2, at end insert—

‘Modification of forms

9A (1) The Chief Counting Officer may, for the purpose of making a relevant form easier for voters to understand or use, specify modifications that are to be made to the wording or appearance of the form.

(2) In paragraph (1) “relevant form” means any of the following—

(a) Forms 3 to 11, 14 and 16 in Part 2 of this Schedule;

(b) the form of the notice set out in rule 16(7).

(3) In this Part of this Act a reference to a form is to be read as a reference to that form with any modifications specified under paragraph (1).

(4) Where a form is modified by virtue of paragraph (1), section 26(2) of the Welsh Language Act 1993 applies as if the modified form were specified by this Act.’.

[The First Deputy Chairman]

With this it will be convenient to discuss the following: Government amendments 274 to 278, 281 to 305, 308, 323 and 324.

[Mr Harper]

These amendments make several modifications for the purpose of adding clarity to the forms and statutory questions that a presiding officer may put to voters in certain specified circumstances in light of the recommendations of the Electoral Commission, Scope and electoral administrators. I referred to these amendments earlier, when we were debating the amendments tabled by the right hon. Member for Cardiff South and Penarth (Alun Michael).

We recognise the important role that the chief counting officer has to play in the successful running of the poll so, at the request of the Electoral Commission, amendment 268 gives the chief counting officer power to amend the wording and appearance of voter-facing forms, except the ballot paper, for the purposes of making them easier to use or understand. This power will extend to forms 3 to 11, which are the form of postal voting statement, the declaration of identity, official poll cards and poll cards for postal or proxy voters; form 14, which is guidance for voters; and form 16, which is the form of declaration to be made by the companion of a voter with disabilities.

We have also made some other minor amendments to improve the clarity of the material seen by voters, including to the instructions on how to vote; to ensure that voters in devolved areas in particular are clear that the referendum relates only to the UK parliamentary system; and to ensure that the questions put to voters prior to being given a ballot paper are clear for areas in which more than one referendum may be taking place.

Following a recommendation from the Electoral Commission, we have sought to make the voting instructions clearer by stipulating that voters must vote in one box only. Amendments 287,291, 293 to 298, 303 and 308 effect this change at the relevant points in the Bill.

Amendments 282 and 283 give effect to the recommendations in the Electoral Commission’s guidance on prescribing voter materials to move that voting instruction to directly above the location of the boxes where electors will make their mark.

We have also tabled amendments to make it clear that the referendum provided for by this Bill relates to the electoral system for UK parliamentary elections, as opposed to electoral systems electing members to devolved legislatures. That issue came out of the research that the Electoral Commission did when it was looking at the question. Amendments 281, 284, 286, 289, 290, 304, 305, 323, and 324 achieve that objective.

We have also tabled amendments to make it clear that the referendum provided for by this Bill relates to the electoral system for UK parliamentary elections, as opposed to electoral systems electing members to devolved legislatures. That was an issue that came out of the research that the Electoral Commission did when it was looking at the question. Amendments 281, 284, 286, 289, 290, 304, 305, 323, and 324 achieve that objective.

Given that mayoral referendums might also be taking place on 5 May next year, we have introduced amendments to clarify the statutory questions that the presiding officer may put to voters requesting a ballot paper for the referendum for which the Bill provides. The amendments adapt those questions so that the presiding officer must specifically ask whether that voter has already voted in the referendum on the electoral system for UK parliamentary elections. Amendments 274 to 278 effect that change at the relevant points in the Bill.

Amendment 302 adds a title to guidance for voters to specify that the guidance to which the form refers relates to the referendum on the voting system for UK parliamentary elections. Amendments 285 and 288 give clarity to electoral administrators on where the official mark confirming the authenticity of the ballot paper may be placed on the form. It is important that no wording other than specified in the Bill appears on the front of the ballot paper. Any official marks that contain words, letters or numbers must therefore be printed on the back of the form, which will ensure that ballot papers are as simple and clear as possible for the voters to use.

Following advice from the chief counting officer in Northern Ireland, we have introduced amendments 299 to 301 to remove unnecessary forms from the Bill, as in practice separate poll cards are not sent to electors voting by post in that part of the United Kingdom.

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[Mr Harper]

The point about mayoral referendums is that some may indeed be held. Where there are mayoral referendums, we simply wish to capture them and cover that circumstance. The hon. Gentleman may think that the provision is otiose, but we thought it sensible to be clear.

On the hon. Gentleman’s point about amendment 287, amendment 291, and so forth—his point about putting an X in one box only—we are following a recommendation from the Electoral Commission, which I understand it has tested, to make voting instructions clearer. I recognise that he thinks that that might lead to some confusion, but we do not propose to change the normal rules that apply for elections or the test that returning officers adopt to determine whether a vote is validly cast. For example, as long as someone has made clear their intention, the usual rules apply. So, if they have not put an X, but drawn a little smiley face, or if the mark is partly in one box and partly in another, but what the voter intended is clear, the usual rules will apply and returning officers will attempt to ensure that such votes count. Those are the normal rules for elections that we are all used to, so where there is doubt, if the returning officer thinks that there is clarity about someone’s intention but then does the usual check with the counting agents, that vote will be allowed.

[Chris Bryant]

I was not aware that a smiley face was a signifier of assent, but I hope that that matches present practice. The Minister may know more about that than I do, but if he is wrong, he will doubtless correct his statement later. However, the bit that the Electoral Commission has not been able to check is how the system works where combined polls take place in the same room and where a voter has to go to two desks to cast two votes, and therefore votes twice. That is the bit on which I am seeking clarification.

[Mr Harper]

Just to return to the other point, of course the rules talk about putting down an X, but it is usually the case in elections that if someone has made a mark and signified a clear intention, the returning officer will normally accept that, although that is usually run past the counting agents. That is the usual practice and we do not propose to change it. We do not want to disfranchise anybody unnecessarily.

As for the hon. Gentleman’s point about voters perhaps being confused by the number of ballot boxes, personally I think that he is making a point for the sake of making a point, but let us assume for the sake of argument that he is trying to make a sensible point. Given that the proposal was adopted following a recommendation from the Electoral Commission, I will draw his concerns to its attention, and it can see whether they have any validity. The chief counting officer has the ability to amend some of the other forms and instructions given to voters, so I will draw the matter to her attention and see what the Electoral Commission thinks, which is perhaps the most reasonable thing to do in the circumstances.

Amendment 268 agreed to.

Amendments made: 269, page 28, line 8, leave out ‘16th’ and insert ‘15th’.

Amendment 270, page 29, line 6, leave out paragraphs (3) and (4) and insert—

‘(3) In England, the polling station allotted to electors from any parliamentary polling district wholly or partly within a particular voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district unless the parliamentary polling place is outside the voting area.

(3A) In Wales, Scotland or Northern Ireland, the polling station allotted to electors from any polling district must be in the polling place for that district.

(4) The polling districts and polling places that apply for the purposes of paragraph (3A) are—

(a) in Wales, those that would apply by virtue of provision made under section 13(1)(a) of the Government of Wales 2006 in respect of an election for membership of the National Assembly for Wales held on the day of the referendum;

(b) in Scotland, those that would apply by virtue of provision made under section 12(1)(a) of the Scotland Act 1998 in respect of an election for membership of the Scottish Parliament held on the day of the referendum;

(c) in Northern Ireland, those for the time being established under the law relating to local elections with the meaning of section 130 of the Electoral Law Act (Northern Ireland) 1962.’.

Amendment 271, page 29, line 41, at end insert—

‘This paragraph is subject to paragraphs (1A) and (2).

(1A) An official poll card must not be sent to a person—

(a) as an elector, if the person is entitled to a postal vote in Northern Ireland;

(b) as a proxy, if the person is entitled to a proxy postal vote in Northern Ireland.’.

Amendment 272, page 30, line 23, leave out sub-paragraph (b).

Amendment 273, page 30, line 27, leave out sub-paragraph (d).

Amendment 171, page 35, line 3, leave out sub-paragraph (4).

Amendment 274, page 35, line 31, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.

Amendment 275, page 36, line 5, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.

Amendment 276, page 36, line 9, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.

Amendment 277, page 36, line 22, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.

Amendment 278, page 36, line 35, after ‘referendum’ insert

‘on the voting system for United Kingdom parliamentary elections’.—(Mr Harper.)

[Chris Bryant]

I beg to move amendment 352, page 37, line 26, after ‘contrary’, insert

‘including any validly registered voter who presents himself to the polling station before 10 pm but, because of a queue, is not immediately able to vote’.

The amendment seeks to rectify the situation that we saw in the general election this year, when, as hon. Members will know, in several constituencies around the land people turned up to vote at 9.40 pm, 9.45 pm, 9.50 pm or 9.55 pm, but could not cast their ballots. Indeed, they were not provided with ballot papers because they could not get through the doors, as there were queues of people wanting to vote. I hope that all hon. Members thought it a bit of a scandal that although people have historically said that England is the mother of all Parliaments, and although we pride ourselves enormously on our historical past, we were not able to run—

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[Chris Bryant]

The right hon. Gentleman makes an extremely good point, and I am glad that Ministers appear to be taking it on board. Had they presented their changes to the Northern Ireland, Wales and Scotland legislation to allow for combined polls, I would be able to present proposals that dealt with that problem. However, because the Government are not proceeding in an orderly fashion—they are putting the cart before the horse—I can table an amendment only in relation to the referendum. Should the Government get their act together and present their other proposals, the Opposition would indeed seek to make provision so that people could receive both ballot papers when they present themselves at the polling station.

Additionally, some people might say, “I’m here, but there’s a queue. Which of the two ballots should I participate in before the 10 o’clock deadline?” That could lead to a degree of chaos and disorder in the polling station, particularly in urban areas. The amendment would be an important provision and we need to make it. As I said, I am very hopeful that the Minister will meet my ardent desire and agree to it.

[Mr Harper]

I fear that I might disappoint the hon. Gentleman again. Clearly, some of the scenes on election night did not do our reputation any good, but it is worth putting them in context. The Electoral Commission report states that there was a problem with queues in 27 polling stations out of 40,000 that were used for the May elections, and that about 1,200 people were affected out of the 29.6 million people who voted. I do not wish to underplay the position for those people, but it is worth putting the problems in perspective. The report also states:

“The main factors which contributed to the problems were evidence of poor planning assumptions in some areas”,

meaning that some areas used assumptions for the general election based on the turnout for local elections.

[Kelvin Hopkins (Luton North) (Lab)]

I understand the Minister’s argument, but in a very tight election that situation in two or three marginal seats could make the difference between the election of one Government or another.

[Mr Harper]

I had not finished my points, if the hon. Gentleman would allow me. I was not trying to underplay the situation, but to put the problem in context. The commission report also states that the main factors were:

“Evidence of poor planning assumptions…Use of unsuitable buildings and inadequate staffing arrangements”

and that

“Contingency arrangements…were not properly triggered”

when queues built up. Returning officers are supposed to have contingency arrangements in place to deal with unexpected demand, and to be able to move people about. It was clear from the Electoral Commission’s research that, in the areas where there were problems, there had been inadequate planning.

--- Later in debate ---

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

rose—

[Mr Harper]

I will give way to the hon. Gentleman first.

[Chris Bryant]

It would be all right for this argument to be advanced if it were not for the fact that the Government are not doing anything about the problem. The Deputy Prime Minister said this was something that should never ever happen again. I have heard the Parliamentary Secretary say that voting fraud absolutely has to be dealt with, and I completely agree, but there are not any more incidences of that than there are of these problems in relation to the poll. If he were coming forward with a solution tonight, I might be more interested in his remarks.

[Mr Harper]

I did not say that we would do nothing about the problem. I specifically said the opposite—that the Government are looking carefully at the Electoral Commission’s report and its outline of the problem, and that we are considering possible solutions. We are not yet persuaded that a legislative solution is the right one, however. When we have decided what we think the appropriate solution is, if that requires legislation we will introduce it at the appropriate time. Also, if we were to make this change, we would need to make it for elections in the round, not just for this particular referendum.

[Ms Abbott]

The Parliamentary Secretary is in danger of understating the seriousness of the problem. My Hackney constituency was one of the places where this problem arose, and at the appropriate time I hope to expand on how serious an issue it was.

[Mr Harper]

I was not in any way underplaying the seriousness of the issue in those cases where these events happened. I was simply outlining the fact that it was not as widespread as people might have thought from the television coverage; I wanted to put it in context. However, as I said, I absolutely acknowledge that for those people who were affected, the problem was clearly very serious, and we want it to be solved, but we do not necessarily think that the proposal under discussion is the right way to solve it. There is a danger of creating as many, if not more, problems than those we are trying to solve in the first place. The law of unintended consequences might apply.

[Mark Durkan]

Does the Minister not accept that the problem is likely to be more acute in circumstances such as those in Northern Ireland, where voters will be using three different ballot papers? Regardless of what combination arrangements are put in place in respect of separate ballot boxes and so forth, that is likely to cause more delay. I also ask him to remember that in the last general election some of us had our counts delayed by dissidents who were directly attacking the democratic process. Sadly, it is likely that in some places in Northern Ireland there could be disruption outside the polling stations, which will add to the problem.

[Mr Harper]

The hon. Gentleman raises two separate issues. The latter problem is clearly one that I hope does not arise, although he says it may well. If so, it must be managed on a case-by-case basis. We cannot make provision in legislation for that, but we want to make sure we solve the problem.

The hon. Gentleman’s first point about the combination of polls next year highlights exactly why we have worked closely with the Electoral Commission and officials who administer elections across the UK to put in place sensible combination provisions to ensure that the elections run smoothly. It will be for those responsible for delivering both the elections and a referendum to look at what the likely turnouts will be and what complexities might arise from the elections, particularly in places such as Northern Ireland where there may be a number of polls with different electoral systems, and to put plans in place. One of the things that the Electoral Commission will be examining, certainly as far as the referendum is concerned, is whether people on the ground have made those arrangements. I know that the chief counting officer will be ensuring that the counting officers and regional counting officers have exactly thought through some of these issues to ensure that they do not arise again, and of course they have the power to direct some of these things to be sorted out appropriately, a power that they did not have for the election.

To be fair, it is worth making the point that although the Electoral Commission was criticised to some extent this year, it was not responsible for delivering the elections in those individual cases. It delivers the guidance and it encourages returning officers to think about some of these issues, but in the areas where there was a problem it was largely the responsibility of the individual returning officer for not having planned properly or having had proper contingency arrangements in place. That is where the responsibility lies, and we need to ensure that that does not happen again.

[Ms Abbott]

The hour is late, but I wish to put on the record how concerned people in Hackney were by the debacle that we had at the polls earlier this year. The number of people who were turned away is an underestimate, because in my constituency hundreds of people came out after work to vote, saw the queues, went away, came back again, saw the queues and went away again, so we will never know how many people were put off voting. The cause of the queues was partly that people in Hackney were voting in three different ballots—that was one of the problems. Another cause was that the returning officer put a great deal of effort into encouraging people to cast their votes—my area had its highest ever turnout, particularly among young people who had never voted before. Another cause was the enthusiasm of people in Hackney to vote Labour.

I wish to stress that in a democracy the state has a very basic responsibility to allow people to cast their vote. These people did not come along at 9.50 pm; they had been queuing since 9 o’clock, but when 10 o’clock struck they were told that they could not cast their vote because they did not have a ballot paper in their hand. All I am saying is that this matter caused great concern in Hackney and it was very demoralising, particularly for people casting their vote for the first time. Voting is a fundamental right, and it is a fundamental duty of Government to allow people who want to vote, and who have come out in good time, to vote. We all saw last year’s American elections, where very long queues of young people wanted to vote for Barack Obama. A system was put in place that allowed people who were in a queue to vote; once the point where the queue was stopping had been marked, everybody in that queue was able to vote, even if that took hours. I do not see why we cannot have a similar system here in the United Kingdom.

--- Later in debate ---

22:25

Division 82

Ayes: 224

---

Labour: 215
Scottish National Party: 4
Social Democratic & Labour Party: 1
Conservative: 1
Independent: 1
Alliance: 1
Green Party: 1

Noes: 345

---

Conservative: 281
Liberal Democrat: 55
Democratic Unionist Party: 8

Amendment made: 172, page 46, line 44, leave out ‘election’ and insert ‘referendum’.—(Mr Harper.)

--- Later in debate ---

23:01

Division 83

Ayes: 223

---

Labour: 212
Democratic Unionist Party: 8
Social Democratic & Labour Party: 1
Independent: 1
Green Party: 1

Noes: 344

---

Conservative: 284
Liberal Democrat: 54
Scottish National Party: 4
Alliance: 1

Amendments made: 279, page 50, leave out lines 34 and 35 and insert ‘relevant registration officer’.

--- Later in debate ---

[Chris Bryant]

Further to that point of order, Mr Evans. Several hon. Members have made the point this evening that there has not been time to debate significant elements of the Bill. In addition, the Government have today tabled 100 pages of amendments to the Bill, which they have proposed we debate next Monday, but they have already said that those amendments are incorrect and will have to be superseded by further amendments. At the moment, only two days are provided for Report. I would therefore ask the Government to consider providing a third day on Report, so that the issues can be fully debated. Otherwise, I am sure that their lordships would want to spend a considerable period of time looking at the legislation properly. Finally, the right hon. Member for Haltemprice and Howden (Mr Davis) rightly pointed out that votes normally follow voices in this House. That is to say that Members who shout aye have to vote aye, and if the Minister is going to shout aye in a moment, he should be voting in the Aye Lobby.

[Mr Harper]

Further to that point of order, Mr Evans. If the hon. Member for Rhondda genuinely thought that this was the most important part of the Bill, he should have thought about that when he moved some of his less important amendments today. That was a time-wasting exercise and nothing else.

I gave a clear commitment on Second Reading that the Government would do everything within their power to ensure that we had a debate and a vote on all the key issues of the Bill. We provided extra time in the programme motion last week. Reaching a point in the debate, of course, requires Members to exercise some discipline, which they were incapable of doing today. What is left within my power is to propose amendment 3 to enable the Committee to vote on it, but I ask my colleagues to vote against it. I want to facilitate the opportunity for this Committee to vote.

[The First Deputy Chairman]

I have listened carefully to the several points of order that Members have made. What the Government propose is orderly under Standing Order No. 83D(2), although it is, as some hon. Members have observed, somewhat unusual. I am sure that hon. Members will also have noted the opportunities open to them, as has been remarked, on Report. I should just remind Members of the rule on voice and vote. It is possible to vote against one’s own amendment, but one cannot shout “Aye” and then vote “No”. We now move on to clause 6.



Clause 6

Commencement or repeal of amending provisions

Amendment proposed: 3, page 4, line 28, after ‘“No”’, insert

‘and the number of electors casting a vote in the referendum is equal to or greater than fifty per cent. of those entitled to cast such a vote,’.—(Mr Harper.)

Question put, That the amendment be made.

Question negatived.