Electoral Registration and Administration Bill

(Limited Text - Ministerial Extracts only)

Wednesday 23rd January 2013 Lords Chamber

[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.

Amendment 1 agreed.

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Moved by

[Lord Wallace of Saltaire]

5: Insert the following new Clause—
“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.

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Moved by

[Lord Wallace of Saltaire]

6: Page 15, line 8, at end insert—
“(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.”