(11 years, 5 months ago)
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Lord Hart of Chilton
“( ) In section 3(2)(a) of the Parliamentary Constituencies Act 1986 (timing of Boundary Commission reports), for “before 1st October 2013” substitute “before 1st October 2018 but not before 1st September 2018”.”
Lord Hart of Chilton
My Lords, this amendment and those grouped with it make a number of changes to Clause 6, which was inserted by this House in Committee. They are in my name and those of the noble Lords, Lord Rennard, Lord Kerr of Kinlochard and Lord Wigley. The Government have assisted with the drafting of these amendments to ensure that the meaning and effect of the new clause is entirely clear and effective, and I expect to hear that the Minister agrees with that.
Further, the secretary to the Boundary Commission for England has indicated to me that all four Boundary Commissions would welcome the changes made by these amendments to ensure that the Boundary Commissions are certain about what the legislation requires of them. Therefore these amendments make a number of changes to remove any ambiguity from the meaning of Clause 6 and generally to tidy up the clause while ensuring that it still achieves the intended outcome. There is no change of substance whatever, and I ask the Minister to confirm that he agrees.
In particular, this amendment amends Clause 6 to ensure that there is clarity on which electoral register is to be used by the Boundary Commissions in the boundary review and on by when the commissions have to report. It specifies that the Boundary Commissions must submit recommendations to Ministers not before 1 September 2018 and before 1 October 2018. Taken in conjunction with the provisions in the PVSC Act, it would be clear that the electoral register as at 1 December 2015 would be used in this review. The formulation of the amendment makes it clear that the current review, which is based on electoral register data as at 1 December 2010 is cancelled as the boundary review under the clause would be required to be based on data as at 1 December 2015. Again, I ask the Minister to confirm that this is his understanding.
The amendment seeks to ensure that the effect of Clause 6 is clear and that necessary consequential changes are made, and I ask the House to accept this amendment.
As to other changes made by the amendments, they provide, first, that the Boundary Commissions would not have discretion to consider inconveniences attendant on boundary changes as a factor when drawing up boundary proposals for the review that must report before 1 October 2018. The PVSC Act provides that the discretion to consider inconveniences would be disapplied for the purposes of the first review under the changes made by the PVSC Act. This is because there would inevitably be more inconvenience attendant on the first review under the PVSC Act as it reduces the number of constituencies from 650 to 600 and, for the first time, it applies equality of electors as the overriding principle in drawing up constituencies. As the boundary review under Clause 6 would, in effect, become the first review under the PVSC Act, it is appropriate that we disapply this rule for that review, in line with Parliament’s intention two years ago. Does the Minister agree?
Secondly, it amends Section 14(3) of the PVSC Act to provide that the review that this House called for into the effect into the reduction in the number of constituencies provided for under that Act is now scheduled to take place in 2020 after the 2020 general election, and not in 2015. The Electoral Commission maintains that it would make no sense to review in 2015 a reduction that would not—in the Bill we have to send to the Commons—take place before 2020. I agree with that. Does the Minister?
Thirdly, an amendment would ensure that Clause 6 would amend the Parliamentary Constituencies Act 1986 on the timing of boundary reviews, instead of the PVSC Act. That is a technical drafting point.
Finally, an amendment would make a consequential change to the Long Title of the Bill to explain that it amends the Parliamentary Constituencies Act 1986. I beg to move.
Lord Wigley
My Lords, very briefly, I support the amendments moved so ably by the noble Lord, Lord Hart, to which my name is attached. I will not go into the details because they have been well explained.
However, it is quite understandable that when an amendment of the sort that was moved in Committee finds its way through to the Bill there are consequences that nobody has thought out. My understanding is that this will avoid further amendments being necessary in the other place and that this will therefore, hopefully, avoid ping pong occurring with the Bill.
I understand that the four Boundary Commissions—not only for England, but for Scotland, Wales and Northern Ireland—also concur with the amendments. This is clearly a sensible way forward. I hope that the Minister will be able to indicate that our understanding is correct and that this is helpful.
Lord Wallace of Saltaire
My Lords, we had a lengthy debate on Clause 6 in Committee. It is well known that there are differing views within this House on the merits of that clause, and I do not wish to reopen the debate on it here today. The purpose of the amendment is to make changes to Clause 6, which this House added to the Bill in Committee, to ensure that the meaning and effect of the clause is clear. I hope that the whole House would agree that we should ensure that there is clarity about the meaning of provisions that we send to the House of Commons, and which could end up on the statute book, and that we improve the drafting of legislation when we are able to do so.
In the interests of ensuring well drafted legislation, we therefore welcome the noble Lord’s amendment, which seeks to remove any ambiguity from the meaning of Clause 6. In a matter as important as the setting of constituency boundaries, which is fundamental to our democracy, we should ensure that there is clarity over the rules governing the conduct and timing of boundary reviews and that the Boundary Commissions are clear on what the legislation requires of them.
There has, of course, been consultation about the drafting of this clause. I confirm, as the noble Lord, Lord Hart, has asked, that the Government’s understanding of the meaning of the amendment is exactly as he has described it. That is agreed.
The amendment would ensure that the effect of Clause 6 is clear, and that necessary consequential changes are therefore made. I urge noble Lords to agree to the amendment.
Lord Hart of Chilton
“( ) In section 14(3) of that Act, for “2015” (in both places) substitute “2020”.”
Lord Wallace of Saltaire
“Voters waiting at polling station at close of poll
(1) Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules) is amended as follows.
(2) In rule 37 (voting procedure) as it extends to England and Wales and Scotland, after paragraph (6) insert—
“(7) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.”
(3) In rule 37 (voting procedure) as it extends to Northern Ireland, after paragraph (3) insert—
“(4) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting shall (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.””
Lord Wallace of Saltaire
My Lords, the Government have brought forward this amendment to recognise this House’s support for a change to allow electors in a polling station or queuing outside at the time for close of poll who have not yet had the opportunity to receive a ballot paper and cast their vote, to do so. It takes the principle proposed in the amendment previously tabled by the noble Lord, Lord Pannick, and the noble Baroness, Lady Jay, on behalf of the Constitution Committee, and the further amendment tabled by the noble Lord, Lord Lipsey, on issues around exit polls.
The amendment addresses the inclusion of Northern Ireland in the scope of the change it will bring about. It isolates the change in relation to close of poll from impacting anyone who broadcasts an exit poll while people in the queue are still voting, thus removing the ambiguity on application of the criminal sanctions that they might have faced, and provides for proportionately tailored powers to make further changes to legislation to address other impacts that it has on provisions that also relate to the close of poll.
The amendment applies to the law governing UK parliamentary elections and does not as a matter of course apply to all other polls, elections or referendums. Depending on the relationship of the Representation of the People Act 1983 to other legislation and the effects of any combination provisions, the change may or may not also apply to other polls. The powers sought in the amendment are aimed at being able to address uncertainty and ambiguity about when and how it may apply to other provisions and for other elections or referendums.
The Government think that it would be better for electors if we were to make sure that any such changes were brought about in a co-ordinated manner and do not open up the possibility of electors in a queue being able to vote in a poll on one date but not on another. It helps us avoid, at least in part, the need to make legislation on a piecemeal basis for different polls, an issue which has been raised in relation to the complexity of that legislation. It also brings clarity for those administering elections and, more importantly, for those voting in them. I trust that noble Lords will accept this amendment in the spirit in which it has been brought so that the change sought can be introduced in a workable and effective fashion. I beg to move.
Baroness Hayter of Kentish Town
My Lords, I wish to take this opportunity to say how much we welcome this measure. I think that we started to discuss the Bill in this House in July last year and noble Lords will be pleased to know that this is the last time they will hear me speak on it. I thank the noble Lord, Lord Wallace, who has been extraordinarily helpful to us throughout the discussions on the Bill. He was ably helped by the noble Lords, Lord Gardiner of Kimble and Lord Taylor of Holbeach.
This has been a tricky Bill in some ways and the Bill team has served us well, as I am sure it has the government side. We thank the members of the Bill team as well as the clerks, who we have perhaps stretched beyond their normal role, including at the last minute tonight when the relevant paperwork was turned round quickly to enable us to get to this stage of the Bill. In doing so, we have seen the House at its very best.
I also take the opportunity to thank my noble and learned friend Lord Falconer, who has guided us through the Bill. We have in our office the most marvellous Jessica Levy, who has made sure that we have been kept well up to date at all times. We very much support this amendment and thank the noble Lord for tabling it.
Lord Wallace of Saltaire
“(4A) An order under subsection (1) bringing into force any provision of section (Voters waiting at polling station at close of poll) may—
(a) make provision in consequence of, or for giving full effect to, that section, or
(b) make supplementary or incidental provision for the purposes of that section.
(4B) An order made by virtue of subsection (4A) may—
(a) modify any Act (whenever passed), including any provision inserted by a provision of this Act apart from section (Voters waiting at polling station at close of poll), or
(b) modify subordinate legislation (whenever made).
(4C) An order made by virtue of subsection (4A) that contains provision modifying an Act may not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.
(4D) Any other order made by virtue of subsection (4A) is subject to annulment in pursuance of a resolution of either House of Parliament.
(4E) In this section—
“modify” includes amend, repeal or revoke;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.”
Lord Hart of Chilton