(11 years, 10 months ago)
Lords Chamber
That the draft Police and Crime Commissioner Elections (Welsh Forms) Order 2012 laid before the House on 15 October be approved.
Relevant document: 8th Report from the Joint Committee on Statutory Instruments.
My Lords, the House will know that on 15 November the people of England and Wales will go to the polls to elect their first police and crime commissioners.
The Police Reform and Social Responsibility Act 2011 sets out the basic rules for the elections, and the detailed rules, forms and notices can be found, in English, in the Police and Crime Commissioner (Elections) Order 2012. The Government are, of course, committed to ensuring that the Welsh language is given full parity with English in Wales, so have brought this further order to establish a bilingual ballot paper for use in Wales on 15 November. Our commitment to ensuring that the Welsh language is given equal status with English in these elections is shown by the fact that we have established Welsh names for the four offices of PCCs in Wales formally. We are also ensuring that our candidate website in Wales is also in Welsh, with a website address in Welsh too.
Should they wish, police and crime commissioners on election will be able to take their oath in Welsh. I can assure noble Lords that all other forms and notices for the election can be issued bilingually without an order. These suggested forms are available on the Electoral Commission website. However, ballot papers require an order and I am sure that all noble Lords will join me in supporting the need for these forms to be available bilingually. I beg to move.
My Lords, what a complete shambles this has become. We are less than 48 hours away from the deadline of five o’clock on Wednesday when the first ballot papers in both languages should be sent out to postal voters. Until we conclude our business this evening, there is no authority to use ballot papers in both languages. This is further evidence of the lack of interest that this Government show to Wales, her people and the Welsh language. The Electoral Commission points out in its helpful briefing for this debate:
“Welsh language legislation requires that in Wales the Welsh language is treated no less favourably than the English language”.
We are barely two weeks away from the first election for the police and crime commissioners and until this order is agreed there will be no bilingual ballot papers available. Some of us are sceptical about the whole idea of police and crime commissioners, coming at a time of the difficult economic situation in our country. Many of us question spending £75 million on this election. On top of that, I see in an Answer given to my right honourable friend David Hanson, the Member for Delyn in the other place, a further £350,000 has been spent on printing ballot papers in English only in case this order is not made in time. With the passing of this order allowing for the use of bilingual ballot papers, the English-only ballot papers, which have already been printed, will be thrown away. That means that £350,000 will have been spent on creating waste paper.
I share the Electoral Commission’s view that rules relating to any elections should be clear at least six months before the election. The commission has already told the Government of its concerns and about the unacceptable lateness of the Welsh ballot forms order that we are now considering. Indeed, in a letter of 28 September from Jenny Watson, the chair of the Electoral Commission to the Minister, Damian Green, she said:
“No draft legislation vital to the conduct of an upcoming election should be made only 16 days prior to polling day after candidate nominations have opened. In this case, the legislation is likely to be made only just before postal votes are dispatched, with the result that there will be significantly increased costs for the public purse”.
My Lords, I am very glad of the opportunity to speak briefly on this order. I thank the Minister for his courtesy in pointing out last week that this debate was taking place, but having said that, I may not be quite so positive towards the Government. I certainly agree with the remarks of the noble Lord, Lord Touhig, in what has been an incredible episode in these events.
The deputy head of the Electoral Commission, Rhydian Thomas, has pointed out in no uncertain terms:
“Welsh language legislation requires that in Wales the Welsh language is treated no less favourably than the English language”.
That applies in this case. It is not something new. The first Welsh Language Act was in 1967, there was another in 1993 and there was a revision from the National Assembly two years ago. That is known to the Home Office and has been known all through the procedures relating to the police and crime commissioner elections. Why on earth are we now, two days before the deadline for these papers to be posted out for postal vote purposes, having to spend an extra £350,000 to cover the mistake made by somebody in the Home Office?
In his document, Rhydian Thomas states:
“Police Area Returning Officers have put in place contingency arrangements; they are printing both bilingual and English language ballot papers so that postal ballot packs can be issued promptly. If this Order comes into effect in time, bilingual ballot papers can be issued in postal ballot packs. If not English language ballot papers will be used. The UK Government has agreed to provide additional funding to cover the additional cost of printing duplicate postal ballot packs”.
That is £350,000 at a time when we are told that every penny is vital. With all the cutbacks going on under the Welfare Reform Act and other legislation we see this waste of money because no one thought about it in time. That is of great concern. Rhydian Thomas further states:
“We are strongly of the view that the rules relating to any elections should be clear at least six months in advance. We have already made clear to the UK Government the unacceptable lateness of the Welsh Forms Order and our concerns about the inconsistency in their approach to prescribing forms and notices in English and Welsh for these elections”.
He later states:
“This Order should incorporate any corrections to address errors in the forms and notices that have been identified in the statutory English language versions”.
So we have not only got a mess through not having a Welsh language version, but the English language version that was drawn up was also incorrect according to the deputy head of the electoral structure in Wales. That cannot be acceptable. I fear that it indicates an attitude within the Home Office towards what is happening in Wales which, at best, is remote and uncaring and, at worst, is disdainful and contemptuous towards the needs in Wales.
I noted what the noble Lord, Lord Touhig, said about Wales Office Ministers, who clearly have a responsibility in this, but the primary responsibility for these forms lies with the Home Office—it should have got it right—and if the Home Office is incapable of getting it right on something as basic as this when the legislation has gone through the House, then, as in the case of Scotland and Northern Ireland, the Home Office should come under the National Assembly where, whatever else happens there, it would not have made a mistake of this kind.
Whereas I welcome the fact that these forms are going through at the 11th hour, I hope some lessons are learnt and taken to heart.
My Lords, I join with the condemnation of the noble Lord, Lord Touhig—apart from his final remark, which I do not accept at all—and the noble Lord, Lord Wigley. This is a shambolic way in which to undertake any kind of election. We have it on good authority that the ballot papers will be going out within the next 48 hours but it is only tonight that we will say, “Yes, let us have the bilingual papers”. How the staffs in the various local authorities will manage to do this over the next day or two is beyond my comprehension. Not only is this part of the election process at fault but the whole issue has been conducted in haste and has not been thoroughly thought through.
As to the postal ballot papers that are being issued, in the previous Parliament I campaigned to ensure that members of the Armed Forces then in Iraq and in Afghanistan now received ballot papers to allow them to take part in any election. There is not a chance that they will be able to do that now. There is something seriously wrong with our democracy when we deny people who are fighting for our freedoms the right to vote for the party of their choice.
To divert a little—I make no apology for this—how will candidates access the electors in their constituencies? Greater Manchester has 2 million people—I do not know whether that is the number of voters—so how are the candidates standing there going to get in touch with those 2 million people? Liverpool has 1 million people and North Wales has about 500,000 people: who will be able to contact these people with details of the candidates and their policies; how will they get through? There is no free post but a polling card was sent out about two weeks ago. That could have been used to provide at least a page from each of the candidates standing in the various constituencies—as they do in London mayoral elections—but nothing came.
No one will be able to say that this is a fair election. They may say, “It will be on the internet” but 8 or 9 million people have no access to the internet. How will those people know who is standing, which party they belong to and what their proposals are for policing in their particular area? It could have been so different.
Only the wealthy or well-funded candidates in North Wales—which is only a small electorate—could possibly afford £50,000 to mail people in their areas. No ordinary person—certainly no independent person—will be able to afford this. So some candidates will have access because they have money; others will be unable to afford access. Would there not be a case for a legal challenge to the results when they are announced? Someone will have to think that through thoroughly.
While I am delighted that at long last we are to have Welsh ballot papers and that a prototype is in our briefing, so much else is wrong. This is a total shambles which does not reflect on the people of the areas it is supposed to represent. As to the point about this being approved at the last hour, we cannot call for the election to be declared invalid now but certainly we need to go through it thoroughly in the future.
I support what has been said. I am glad that there has been at least an acknowledgement of Welsh—which, of course, is one of the great languages of the western world—but we will try to ensure that discounting us without a thought will not happen again.
My Lords, I endorse with enthusiasm the chagrin that has been announced by each of the three previous noble Lords who have spoken in this matter. I have no doubt that, at best, it is an embarrassment for the Government; at worst, it could well be a disaster. In saying that, I exculpate completely the Minister, the noble Lord, Lord Taylor, in this matter, and the new Minister, whom I congratulate on her position.
The noble Lord, Lord Taylor, has already shown himself a person of great sensitivity and sincerity in relation to Wales and has shown a considerable chivalry as well. He wears the gown, as it were, of defending counsel in this case. I know something of what that role sometimes involves.
There is no doubt that disaster lies very close to our elbow tonight. If this legislation is not carried by five o’clock on Wednesday, which is less than 48 hours away, it will be impossible for these Welsh forms to be part of the election. There is no dispute about that. If that can be done—and I have no intention of dividing the House; nor, I am sure, has any other noble Lord—it will have been a very close-run thing.
However, there are lessons that we have to consider in this connection. This is a tale of two statutes: one is the Welsh Language Act 1967. The combination of Sections 2 and 3 of that Act mean that anything that is done in the Welsh language has equal validity as if it had been done in the English language. The blade was pushed a little further by legislation passed in 1993 and thereafter, but the basic principle was established in that Act. I am very proud indeed to have been a Member of the other place at the time.
My Lords, this order needs to be effective by the end of this month, which is in a couple of days’ time, so that postal ballot papers can be issued in time to allow voters to receive and return their postal ballot papers for the police and crime commissioner elections in Wales before the poll closes on 15 November. If this order is not passed, the ballot papers used in Wales will only be available to voters in English, despite the fact that, as my noble friend Lord Touhig and the noble Lord, Lord Wigley, have said, there is a legislative requirement that in Wales, the Welsh language is treated no less favourably than the English language. The debate on this order seems to be being held remarkably close to the deadline for the issuing of postal ballot papers to begin. When he comes to reply, perhaps the Minister will tell us why this is the case. Was the need for the order overlooked until a late stage or is there some other reason why we are debating it just two days before it needs to come into effect?
The Electoral Commission is clearly unimpressed about the apparent delay, since it has made clear to the UK Government its view on the unacceptable lateness of the Welsh forms order we are now considering and its concerns about the inconsistency in the Government’s approach to prescribing forms and notices in English and Welsh for these elections. Statutory forms and notices, including all those used by voters in the process of voting, were prescribed in English in the Police and Crime Commissioner Elections Order 2012 which came into effect towards the end of July this year.
The Welsh forms order, in front of us now, prescribes only the form of the ballot paper to be used in Wales. The remaining forms and notices have been provided by the Home Office on a non-statutory basis to those involved in administering the elections. The Electoral Commission has stated that if English language material is prescribed and provided to those running elections, then it is an important principle of consistency that the same approach should be adopted for all Welsh language material, and that this is done at the same time—not, as in this case, more than three months afterwards and only a few weeks before polling day. Do the Government agree with the view of the Electoral Commission on this issue and is it the Government’s intention, as the Electoral Commission has urged, that a further Welsh forms order should be brought forward at the earliest opportunity in order that it will be in effect for future PCC elections, including possible by-elections?
Returning to the police and crime commissioner elections next month, if the order we are discussing is not made, the ballot papers used in Wales will only be available to voters in English, and postal ballot papers are due to go out in a couple of days. As a result of the late appearance of, and a decision on, this order, the police area returning officers have had to put contingency arrangements in place. Accordingly, they have had to print both bilingual and English language ballot papers in order to ensure that postal ballot packs can be issued promptly. It appears that the UK Government have had to agree to provide additional funding to cover the costs of printing duplicate postal ballot packs. Perhaps the Minister could indicate either what those costs actually are, or if that is not known, what it is estimated they will be? Is the £350,000 figure that has already been referred to the correct figure or not? The Government say so often that money is not available because of the financial situation but I take it that this will not be the case when it comes to finding the money to pay for the cost of government ineptitude, as in this instance.
The Electoral Commission has said that if this order does not come into effect on 31 October, it should not do so until after the election on 15 November to avoid there being two different sets of rules in effect at different points in the timetable for the same election. Do the Government share that view?
Of course, the Government attach great significance to having police and crime commissioners. They made their decision to proceed in 2010 and have since spent their time minimising the achievements of the police authorities, under which crime had fallen steadily and consistently during the period of the previous Government—and under which, this Government say, crime has continued to fall. Obviously under this Government the price of success is abolition.
We are now close to the PCC elections that will be held in November. These are national elections taking place across England and Wales. We do not normally hold national elections in November, since the weather and daylight hours do not encourage people to vote. When challenged about this in the House of Commons earlier this month, the Minister for Policing and Criminal Justice memorably replied that,
“every four years America holds what is possibly the most important election in the world in November and the American electorate seem to engage in it, so it is not insuperable for people to go and vote when it is a bit cold and wet”—[Official Report, Commons, 19/10/12; col. 677.]
So that’s all right then. The Government have imported the idea of police and crime commissioners from the United States and now apparently they have also imported the election date from the United States.
The Government have also introduced an arrangement for this election under which, unlike other national elections, there will be no written information about the candidates sent to the electorate and delivered free of charge from the candidate’s point of view unless an individual rings up a phone line and asks for such written information to be sent to them—this in an election where the Government claim that police and crime commissioners are needed to provide more visibility, transparency and accountability. The Government said that they wanted to encourage independent candidates to stand. However, unless independent candidates are well off and can afford to pay for a mail shot or delivery, they are invariably more dependent than other candidates on the free delivery to help get their name and message across. The Government say it is about cost, but if they were really concerned about cost, they would not be introducing these elections in the first place—certainly not at this time.
Today we are debating an order that appears to reflect a degree of incompetence on the Government’s part, in particular from a department that seems to have a happy knack of drawing adverse comments from your Lordships’ statutory instruments committee. The Electoral Commission seems to have cottoned on to this as well, since it will be publishing a report early next year on the impact of the content and timing of the passage of the legislation that enabled the PCC elections to take place—including, it says, the late laying of the Welsh forms order. The commission also says that its report will look at the role of the Home Office, and comments that this is a department not usually tasked with the running of elections. To task it with the running of an election was of course a ministerial decision.
Parliament has decided that elections should be held for police and crime commissioners in Wales. Those elections are imminent. Despite the typically incompetent way the elections have been and are being managed and handled at ministerial level, we shall not seek to stop this order coming into effect as intended.
Well, I thank the noble Lord for that support. This has been a stimulating and useful debate. It has given me the opportunity to inform the House and to some degree clear the air on some of the issues that have been raised, and I know they have been raised with some considerable passion.
As we know—and with this being a shared objective of all noble Lords who have spoken—the order will ensure that voters in Wales will have the opportunity to mark their vote bilingually. The House’s support of this measure means that it can be done in Welsh and English and both languages will have full parity.
Noble Lords can be assured that throughout this process the Government have consulted with the Electoral Commission and returning officers. As noble Lords will know, these are independent officers acting within local authorities, running the election, in developing the design of the ballot papers and the mechanics of delivering a Welsh and English bilingual ballot paper for the electors in Wales.
I should make it clear to the noble Lord, Lord Touhig, who I think had expected to find a Welsh Minister here today, that no criticism should be made of the Wales Office; the Home Office is the responsible organisation. As the noble Lord, Lord Rosser, made quite clear, the Home Office is responsible for conducting this election. The focus of the issue should be directed to the Home Office. It is indeed the Home Office’s intention to ensure that we have a long-term way of dealing with the Welsh language element of elections. As noble Lords will know, currently this requires a separate order from the general secondary legislation that is required to bring about publication of other forms.
The Law Commission is investigating the whole question of elections. Although it will take some time for the Law Commission to report, it is the Government’s intention to respond to that. It may well be that in future it will not be necessary to keep coming back for each election. I remind noble Lords that for the previous general election, the Government had to bring in a special order in April for the May 2010 election for exactly this issue: to produce a bilingual ballot paper. The process is complex, to the extent that we need to ensure that we have the form of the election material right in the English language before we seek to translate it into a Welsh or bilingual format. This has been a more convoluted process than noble Lords might at first think.
Is there any good reason why translation from English into Welsh should not be the exclusive purview of the Welsh Assembly? That would avoid all these complications, would it not?
That will have to be for future legislators to consider. It is certainly not possible under current law. As I have explained, the responsibility lies with the Home Office to deliver these elections in England and Wales. The noble Lord, Lord Elystan-Morgan, showed a great deal of understanding about the complexity of statutes under which Welsh language elements of elections have to be conducted. He mentioned the two statutes and the complexity of the issue. I thank him for his understanding of that matter.
A number of noble Lords, including the noble Lords, Lord Wigley and Lord Rosser, mentioned the cost of £350,000. That is within the £75 million budget, and it will not cost any additional money nor extend the budget for these elections. It is within the contingencies that noble Lords have mentioned.
We take the Welsh language very seriously. I am an English-speaking Englishman who has to receive any part of the Welsh language culture second-hand. However, I appreciate it enormously. It enhances all our lives that we have a second living language spoken in these islands. It is greatly to our advantage and is one of the reasons why we support, in any way that we can, opportunities for Welsh speakers to express themselves in their Welsh language. Indeed, as I said, they can take the oath in Welsh if they wish on achieving office.
We all appreciate the noble Lord’s positive words towards the Welsh language and our heritage that goes with it. On the lessons to be learnt from these mistakes—I am sure he would accept that there have been mistakes somewhere, otherwise we would not be in this position—will there be an opportunity for the Home Office to review how they deal not just with Welsh language matters but with matters relating to Wales where there is an overlap with the National Assembly, such as the interface between crime and social services and the way in which they work with the devolved Administration, to make sure that we do not get into this mess again in any context?
I implied in my response so far that the key lies in getting mechanisms whereby some of these things that have required separate consideration by Parliament are automatic and part and parcel of the process. The translation of election material into the Welsh language is something that the Law Commission should be looking at. How that is delivered is a matter for the Government and Parliament to consider when the Law Commission eventually reports on elections. However, one lesson that comes out of this is that it gives us an opportunity to look at how we do these things in the future. I am grateful for that aspect of the debate, which has overridden, I hope, some of the other aspects of the debate that have not perhaps been quite so positive in the assessment of the Government’s intentions.
The Electoral Commission is right that we should take whatever steps we can to make sure that this order comes into effect by 31 October. That is the point at which returning officers can start to send their postal voting packs to voters. They cannot send them before. I hope that noble Lords will support this order and then I am sure that these voting packs will go out by 1 November.
There will be opportunities for us to look at this issue in the future and I thank noble Lords for their contribution to the debate today. I hope this order will have the support of the House and I commend it.