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Chris Bryant
The hon. Gentleman makes his point, and I hope that the Minister will be able to answer him on it. I will speak about combined polls a little later.
The Opposition tried to provide an answer to the issue of 10 o’clock voting with an amendment that was discussed last Monday. Unfortunately, not enough hon. Members felt able to vote for it. The Minister said that the problem with our amendment was that it introduced the concept of a queue into British legislation, and that that might be difficult to define. If the British Parliament cannot define a queue, I do not know which Parliament in the world would be able to do so. Many other places in the world have a system in which, for example, a person’s finger is dabbed with indelible ink the moment that they present themselves, and that is the moment at which they are entitled to receive a vote. I am sure that many other ways could be devised. I hope that the Minister will look specifically at a way of ensuring consistency across the country.
The hon. Member for Milton Keynes North made the point tellingly: in some constituencies, the returning officer decided to be generous and to stretch the regulations in one direction, but in other constituencies they decided to be extremely strict about how they operated the system. That inconsistency around the country does not inspire confidence in voters. In subsequent elections, people might think that if it is 9.30 pm or 9.45 pm there is no point going to vote because there are always queues at the polling stations.
I do not want to be nasty to the Minister this morning—
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
Keep it for this afternoon.
Chris Bryant
I cannot keep it for this afternoon because I do not think that the Minister will be responding to the debate then. However, I thought that he was a little complacent about that element last Monday afternoon. He said that the issue was not an enormous problem and that there was not an enormous number of instances in which it had happened. The figure of 1,200 was suggested, but I suspect that many more people were affected. I suspect that in Hackney North and Stoke Newington alone more than 1,500 people ended up not being able to vote because of the situation. I hope that the Minister will return to the issue with some means of providing consistency around the country.
The inconsistency around the country applies not only to what happens at 10 o’clock but to a whole series of different issues. In part, that is precisely because of the reason adduced by the hon. Member for Epping Forest: although the responsibilities and powers are laid down in statute, a wide amount of freedom is given to the returning officers and there is little accountability. I agree with the hon. Member for Manchester, Withington that it is ludicrous that such a job is thought of as additional to the job of electoral registration officer, and that somehow people have to be additionally recompensed in order to perform their function when there is a general election. I think that it should be part of the standard job description and that no additional fees should be payable. It should be run of the mill and part of doing the job. Frankly, if someone does not do the job well, they should not remain in it. It should not be a question of getting extra payments.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
It is a great pleasure to speak under your chairmanship, Mr Caton. I add my congratulations to my hon. Friend the Member for Epping Forest (Mrs Laing) on securing the debate. As she correctly said, this is an area in which she has taken great interest over a considerable period, and she has spoken very well on it for our party. She slightly underplayed her role in her mini-triumph earlier this year when she persuaded the then Lord Chancellor to adopt her amendment, which brought considerable consistency—to pick up the point made by the hon. Member for Rhondda (Chris Bryant)—about counting. Those of us who were up for election and whose result was perhaps not as assured as that of the hon. Gentleman were grateful that the counts took place promptly and we had early results so that we knew our fate. My hon. Friend played a considerable part in that and has taken a great deal of interest in the issue, and we thank her for the opportunity to discuss these matters today.
It is worth saying, so that it is clear, that the administration of elections takes place at local level, as my hon. Friend set out. The acting returning officer is often, although not always, the local authority chief executive or another senior officer. They are responsible for all aspects of the election, including publication of the notice of the election and dealing with the nominations of candidates, ballot papers, polling stations, the counting, the arrangements for the count and the declaration of the result. Part of the tension when we are talking about accountability is about making it impossible for the people running elections also to have a stake in the outcome. The difficulty is about who is accountable.
That highlights one of the issues with the solution that my hon. Friend the Member for Manchester, Withington (Mr Leech) highlighted. If the task was made part of the local authority chief executive’s day job, for which he is accountable to elected members of a local authority, there would be a risk in some places of political pressure and influence being exerted on the returning officer. That post is separate from the role of chief executive is so that political pressure is not put on that person. We do not want to lose that if we make any changes. My hon. Friend made a good point, but I am not sure that that is the right solution.
Mr Binley
There is a distinction between the returning officer and the acting returning officer, which we must not lose sight of. The returning officer is normally a volunteer, not a local government professional, and is guided immensely and totally by the acting returning officer, who is normally the chief executive and does the work. We need to make that distinction.
Mr Harper
I thank my hon. Friend for making that point. My hon. Friend the Member for Epping Forest paid tribute to the way in which the acting returning officer conducted the election in her constituency. It would be remiss of me not to mention that I was also fortunate that the acting returning officer in my constituency ensured that the polls ran very smoothly. Indeed, unlike at the last general election in 2005, when I had to wait until about 6 am for the result—albeit perhaps not as long as my hon. Friend the Member for Milton Keynes North (Mark Lancaster)—this time, the acting returning officer and her team made a declaration almost three hours earlier and I was the first Member of Parliament in Gloucestershire to be elected. I have told them that I shall expect that level of service from now on.
What I am describing can be done. It is worth saying that, across the country, with the exceptions that we have discussed, most of the general election counts and the process were very well conducted. The standard is very high. However, that is not to take away from the fact that there were difficulties.
My hon. Friend the Member for Epping Forest and other hon. Members drew attention to the problems that occurred on election day. I am referring to the queues at 10 o’clock. The Electoral Commission, in its report, made the point that that was largely to do with poor planning and poor contingency arrangements on the day. It is worth putting it in context. I am not being complacent or underplaying it, but there are 40,000 polling stations in the United Kingdom and there were issues at 27 of them. The reason why the Government hesitate before we rush off and legislate is that we want to see whether legislating would solve the problem and not create further problems. We want to see whether that is the right way to go. Without wishing to understate the problem, I just think that before we legislate, it is worth thinking about whether that is the right solution.
I will not go into the issue at length. As the hon. Member for Rhondda said, the House had the opportunity earlier this week, because of the amendment that he and his hon. Friends proposed, to debate the matter. The House did debate it and decided not to make the change to the law at this time, but we are considering the Electoral Commission’s report and looking at the right way of solving the problem.
It is worth saying, though, that the law is clear. It has not changed; it has been the law for a considerable time. It is clear that a ballot paper should not be issued after 10 pm, so there is no reason why acting returning officers should be confused about that, and I know that the Electoral Commission will ensure that that guidance is clearly established before the next set of elections.
Mr Andrew Turner (Isle of Wight) (Con)
Has the number of polling stations, particularly in urban areas, reduced and have they become larger?
Mr Harper
My hon. Friend puts his finger on a point that my hon. Friend the Member for Manchester, Withington raised. In Manchester, there were polling stations that covered too great a geographical area, or far too many electors were expected to vote in them. It is good to hear that Manchester city council has taken steps to address that. It is one of the issues set out in the guidance from the Electoral Commission. It lays out broadly how many electors should be going to a particular polling station, precisely so that if there is a high turnout, that number of electors can be processed smoothly. It is good to hear that in places where we know that there were issues, they are being dealt with. I do not know overall across the country whether there has been a reduction in the number of polling stations.
I suspect that one problem was that given that turnout was lower at the last few general elections and at other elections, as the hon. Member for Rhondda highlighted, some acting returning officers made assumptions that turnout would continue at a low level and were caught unawares when, perhaps because people were more engaged in the election, they took part in it in greater numbers.
Chris Bryant
I am sure that the Minister is absolutely right, and I think that another assumption the officers made was that many more people would vote by post. That has undoubtedly happened: in my constituency we have lost, I think, eight polling stations since I was first elected in 2001, for all sorts of reasons that are pretty much insurmountable. Virtually everyone in those old polling districts now votes by post, notwithstanding the points made earlier by the hon. Member for Milton Keynes South (Iain Stewart).
Mr Harper
The hon. Gentleman makes a good point. I suspect that in some areas people have made assumptions about postal voting. Because of the problems that we have had with such voting at previous elections, quite a lot of my constituents who had decided to vote by post have now gone back to voting in person, partly because they like doing that but also because they feel that it is more secure. Acting returning officers need to take that into account.
Mr Harper
My hon. Friend makes a good point, and it comes back to accountability—an issue that has been mentioned by a number of Members. I would say a couple of things about that, and about the payments. The returning officer’s job is separate from and in addition to their normal duties, which ensures that in carrying out those duties they are not accountable to politicians, who might have an interest in the election. Returning officers are not paid for just the one night; a lot of planning and preparation goes into ensuring that elections run smoothly. Indeed, some returning officers appoint deputies to help them, and with whom they share the fees. The Government have issued guidance in relation to national elections, which recommends that that happens.
One of the things that Members have highlighted is the issue of what happens if things go wrong: what is the accountability? In Manchester, the council’s chief executive, who is the acting returning officer, has effectively taken the view that because there were problems in one of the constituencies—Manchester, Withington—he would not take his fee for that. Some other returning officers have also taken that view. Members have suggested that someone should have the ability to make such a judgment, and to not pay the fee. We will be experimenting with that idea, to some extent, in the provisions in the Parliamentary Voting System and Constituencies Bill.
Regarding the referendum, the chief counting officer—the chairman of the Electoral Commission—is responsible for its conduct, and appoints regional counting officers and counting officers. Those officers will be the same people as the returning officers, but we will—if Parliament agrees—give the chief counting officer the ability to withhold the fee for their duties in conducting the referendum, if performance is not adequate. We will consider whether that has the desired effect, and will review the measure after the referendum to see whether we might want to consider it more widely.
Mrs Laing
I thank the Minister for his kind remarks earlier. I have for the first time just seen a good point—a plus point—to having the referendum. The Minister will appreciate that that measure could be a sort of pilot scheme for a system of accountability for returning officers, and that would be very welcome.
Mr Harper
I am very pleased that views, certainly on the Government Benches, are hardening in support of our Bill. I look forward to further progress today.
It is worth noting that, although my hon. Friend the Member for Epping Forest suggested that the Electoral Commission should have more powers to direct returning officers in their conduct of elections—not referendums—the Electoral Commission itself has called for greater accountability, but not for greater powers of direction, with the exception of the referendum, the outcome of which they are responsible for. We will think further about that, but we will first see how the step of making the Electoral Commission responsible for the fee for the referendum works—the pros and cons—and whether it might be something to bring in more widely for returning officers. The difficulty would be in deciding to whom they would be accountable, and who would make that decision. We will, however, look at that further, and it might be something to debate after the referendum.
In the six minutes that remain, let me just deal with some of the other issues that my hon. Friend the Member for Epping Forest, and other Members, raised. One issue that she raised, which was supported by my hon. Friend the Member for Northampton South (Mr Binley), was the hypothecation or ring-fencing of funding. My hon. Friend the Member for Epping Forest made two points. For national parliamentary elections, the funding, as she correctly said, is ring-fenced. It comes directly from the Consolidated Fund and the Government say to returning officers that for properly incurred expenditure to do with the election the money is payable from the centre. That is clear, and my hon. Friend made it clear.
The other point is about the money for electoral registration. At the moment, that money is not ring-fenced; it is part of the revenue support grant. I have heard a number of Members state that the money in that revenue support fund is not used for electoral registration, but there is no evidence of that. If people were to bring forward evidence, we would look at the issue very seriously. The hon. Member for Rhondda mentioned those points as well. Given that the electoral registration officer is a senior member of the local authority officer team, the acting returning officer responsible for delivering the elections is often the chief executive, and the other decision makers in local authorities are councillors who have to get elected, I do not understand why we should think it likely that that set of individuals would de-prioritise spending on elections, since that is something in which we as politicians have a great interest. So, I am not convinced intellectually that there should be a problem, and there is very little, if any, evidence that that is happening—if there is, the Government will look at it. It is not just a Treasury rule; it is the general view of this Government that we should allow local authorities to make judgments about how much money needs to be spent in different areas, although they do have legal duties to ensure that elections are well conducted and that the registration system works well.
As we roll out individual voter registration, I hope that we can tackle both sides of the coin. We can deal with the problem of people who are on the register but should not be—a number of Members mentioned that this morning—and, equally importantly, we can look at people who are eligible to vote but are not on the register. The resources issue is important, and I have written to every local authority chief executive about our data-matching pilots. I encourage Members to encourage their local authorities to participate. We hope to enable local authorities to use other public data sources to identify people who are eligible to vote but not on the register, or the other way around, so that they can target them and use limited resources more effectively, to ensure that the register is both accurate and complete. The funding for the pilots will be met from central Government. I encourage Members, particularly if they feel that there are problems in their areas, either with accuracy or completeness, to encourage their local authorities to participate. I hope that that reassures my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti), who raised some of those issues.
I have dealt with some of the issues raised by my hon. Friend the Member for Manchester, Withington. It is good to hear that the issue of the number of polling stations has been dealt with. He raised some very good points about the combination of elections, and about a differential franchise between the local, European and parliamentary franchises. We are alive to that issue, with the combined election and referendum that we hope to see next year, and one reason why we have been working very closely with the Electoral Commission and with those responsible for delivering elections is to ensure that there is clear guidance. In their planning for the referendum and the elections, the Electoral Commission and acting returning officers will take exactly that into account, to ensure that in parts of the country where they are not used to such a combination there is clear guidance and clear planning, to avoid those sorts of problems.
Finally, the issue of combination, which the hon. Member for Rhondda raised, is interesting, and we in the House need to think about that more widely. There is a view that no elections should be combined, but given that the Government are looking at more fixed terms, including a fixed term for this Parliament, and are also considering having more elections—for police commissioners for example—it would be difficult to have all those elections on separate days. It is worth thinking about the argument, “If you’re going to combine them you should go for it big time and make sure it’s well done,” and considering whether we effectively have a big democracy day in the same way as they do in the US, where everything is on the same day. It would be helpful if Members thought about that, and I am sure that we will get the opportunity to debate it in due course.
This has been a good debate. We have touched on a number of issues that are very important to Members, and I once again thank my hon. Friend the Member for Epping Forest for enabling us to have the debate. I look forward to debating with, or listening to, her this afternoon, when we continue consideration of the Parliamentary Voting System and Constituencies Bill.