Police and Crime Commissioner Elections (Welsh Forms) Order 2021
(Limited Text - Ministerial Extracts only)
Read Full debate
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, I shall also speak to the Mayoral and Police and Crime Commissioner Elections (Coronavirus, Nomination of Candidates) (Amendment) Order in the same speech.
Perhaps I may say at the outset how much I look forward to the maiden speech of my noble friend Lord Hannan, who will address us shortly. The instruments brought forward today make sensible provision to support the effective administration of elections. The mayoral and police and crime commissioner elections order amends the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007, the Police and Crime Commissioner Elections Order 2012 and the Combined Authorities (Mayoral Elections) Order 2017. The purpose of the order, following representations made by my noble friend Lord Hayward and others, is to reduce the number of signatures required on a nomination paper for a candidate in the police and crime commissioner, combined authority and single authority mayoral elections. It is intended to reduce the need for person-to-person contact ahead of the May elections, given the specific context of the current pandemic. Similar provisions relating to local councillor and London mayoral elections have been made in a separate order.
In making these changes, we have taken the approach that the candidates should obtain subscribers on the basis of two per local authority area, whether for a poll within a single local authority or for electoral areas that contain a number of local authorities. Single local authority mayoral candidates must obtain signatures from two electors instead of 30; candidates for police and crime commissioner elections must obtain signatures from a number of electors which is twice the number of local authority areas within that police area. This is instead of the current requirement of 100 electors. For example, under the changes, for the Devon and Cornwall police area, which has 12 local authority areas, a candidate will need to obtain 24 signatures. Combined authority mayoral or so-called metro mayoral candidates must obtain signatures from a total number of electors that is twice the number of local authority areas within the boundary of the area. For example, the Liverpool City Region has six authorities, so the total number of signatures needed is 12. These signatures must be obtained from two electors registered to vote in each local authority area within the mayoral area. Currently, 100 electors in total are required at a combined authority mayoral election.
In making these changes, the Government have responded, after consultation, to the concerns of the electoral sector, candidates and political parties that the need to collect a high number of signatures for nominations for a candidate in some types of poll would encourage an unhelpful and unnecessary amount of interaction, as well as complexity for candidates. While it is essential that candidates in a poll can demonstrate a clear amount of local support, we must balance the importance of democracy with the need to protect people in these unique circumstances.
As I have explained, we are not removing the signature requirements completely. It is important that there should remain a democratic check and balance for candidates to demonstrate a degree of local support from electors in their area. These provisions will remain in force until 28 February 2022 to support candidates in any by-elections that may occur in the coming months as we emerge from the pandemic. The elections in May 2022 will automatically revert to the standard rules.
I am grateful to the Joint Committee on Statutory Instruments for drawing this to the attention of the House. The committee considered that there are some points where the drafting of the instrument and its Explanatory Note could have been clearer in certain respects. We welcome the views of the committee and are particularly interested to note its thoughts on how best to assist readers in understanding which provisions in an instrument will apply to different parts of the UK. We consider that the instrument takes a proportionate approach to a temporary rule change which has been introduced to reduce the number of face-to-face contacts required in the pandemic. I am gratified to see that the committee has agreed with the response of the Cabinet Office to its request for a memorandum has provided additional clarity.
We consider that it is clear from the context of the order itself when and to which elections it applies. However, in order to further aid clarity and certainty, we have published a note on GOV.UK on the order and its effect, particularly on the numbers of signatures required, and to assist candidates, their supporters and those administering elections. This includes tables that set out the number of subscribers needed for candidates standing at combined authority and London mayoral elections in England, and elections of police and crime commissioners in England and Wales. As I have explained, these are polls where the election is for an area covering a number of local authority areas and the tables set out the total number of subscribers that candidates will need in these areas, and whether a specific number is required from each constituent authority or not.
I now turn to the Police and Crime Commissioner Elections (Welsh Forms) Order 2021, which I hope will be welcomed by your Lordships. It introduces a set of prescribed forms and forms of words translated into Welsh in respect of the range of other forms already in use, in English, at PCC elections. These are in addition to the Welsh versions of the ballot paper and nomination form for candidates that are already provided.
The form and forms of words prescribed by this instrument are for use in any police and crime commissioner election that takes place in Wales. The Welsh forms in the instrument cover various stages in the electoral process and include poll cards issued to electors, the postal voting statement completed by postal voters, the declaration to be made by the companion of a voter with disabilities, guidance for voters and forms completed by candidates and their agents.
Some forms are in Welsh only and others are bilingual, in Welsh and English. The forms that are prescribed in Welsh and English—for example, poll cards and postal voting statements—are to be used in the bilingual form in place of the English versions. Forms that are prescribed in Welsh only—for example, the candidate’s consent to nomination form and the candidate’s declaration as to election expenses—are to be made available in Welsh where the person completing the form, such as the candidate, prefers to communicate in Welsh rather than English. The order also provides a Welsh version of the forms of words setting out guidance for voters that appears in polling station voting compartments. The effect of the order is that the form of words appropriate to the number of candidates will be displayed.
We have consulted the Electoral Commission on the orders, and it is supportive of both. We have also had support for the changes to the nominations process from the Association of Electoral Administrators and in discussions with political party representatives via the Parliamentary Parties Panel. We also shared a draft of the Police and Crime Commissioner Elections (Welsh Forms) Order 2021 with the Welsh Language Advisory Group, the Association of Electoral Administrators, the Society of Local Authority Chief Executives and officials in the Welsh Government. There is broad support among these stakeholders for the proposed changes set out in these two instruments.
The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
The question is that this Motion be agreed to. I should have made it clear at the beginning that the time limit for this debate is one and a half hours. The first debate is on the Police and Crime Commissioner Elections (Welsh Forms) Order 2021, and one other Motion later.
Lord True (Con)
My Lords, I thank all those who have spoken for the general welcome given to both these orders. I very much agree with the opening remarks of the noble Lord, Lord Kennedy of Southwark, about the way in which things are best done in this House and our ability to reach across the aisle. He has always exemplified that and I will always try to live up to that standard.
It would be hard, however, to live up to the standard of speaking of my noble friend Lord Hannan of Kingsclere, who we all welcomed to this House. I congratulate him on his impressive and thoughtful maiden speech. He touched on things that are important to all of us—at least, some are important to all of us, and some to some of us. As was said by another speaker, his affirmation of the importance of casting a vote—of getting people to use democracy, particularly local democracy—speaks volumes to someone who has spent a lot of their time working in local government; I think I speak for the noble Lord, Lord Kennedy, on this as well. Without going into specifics, I agree with the noble Lord, Lord Shipley, who also spoke eloquently about the importance of local democracy and devolution. I listened with interest to his remarks.
The noble Lord, Lord Hannan, spoke of a belief in freedom. As a child of the 1960s, I believe that almost every question comes back to freedom. I used to say that to my children when they were five years old and wanted to go out and play; they did not always see the point. It was good to hear him here today. Sometimes, in the pre-Brexit days, when some of us on these Benches were in a minority, we occasionally listened out for and watched his speeches in another place, which were an encouragement in difficult times. I wish him well in this House. He has instantly gained the respect of noble Lords on all sides.
I am grateful to all noble Lords who have contributed. I was asked a number of questions. The noble Lord, Lord Hain, ingeniously got Donald Trump into the question of police commissioner elections. I do not think that in any of this the Government were looking any further than the interests of democracy in this country and the Welsh language. The noble Lord asked whether Welsh Ministers were consulted and what the feedback from Welsh language advisers was. The answer is that the Welsh Language Advisory Group is content with the proposed changes. I believe the noble Lord, Lord Wigley, also raised this point. No major changes were made as a result of the consultation with stakeholders, who overall were content with the changes that we made.
I confirm that Cabinet Office officials sought the views of officials in the Welsh Government on the Welsh forms order. It is appropriate that there is consultation and effective activity on technical matters between the different Administrations in this country at official level. For that kind of contact to take place in no way denigrates the importance of intra-Administration contact.
The noble Lord, Lord Hain, also claimed that the Welsh Government were staggered, as he put it, that the UK Government were obstructing voting approaches. The conduct of elections in Wales is devolved. So far as the UK position is concerned, the Government in this time of Covid seek to ensure that people will have the opportunity to vote in the way that they wish to: by postal vote, by appointing a proxy or at a polling station. The UK Government do not think that changes to these mechanisms are needed. It would not have been possible to move to an all-postal vote without changing the voting process to remove the use of personal identifiers for security, which would open up the risk of fraud, or otherwise require them for every elector, which would run the risk that people would not provide them and so not be able to use a postal vote.
There will be three ways to vote in the UK: in person at a polling station, by postal vote or by proxy and these will all be available in 2021. We recognise that the pandemic may change people’s needs and preferences as to how they cast their vote. Guidance is available to enable voters to make their choice. The UK Government have always been clear that it would not be appropriate to impose an all-postal vote for the elections, as this increases fraud risk and removes choice from voters who wish to cast their vote in person.
We are seeking to put in place a strong set of new measures to ensure that the polls are Covid-secure. As for why campaigning is allowed when people still cannot see loved ones, this is highly regrettable but these are the circumstances that Covid requires. I look forward with passion to the day when I can see my granddaughter again. But campaigning is an essential part of democracy. Voters deserve to be well informed before going to the polls and there must be a level playing field for candidates. Careful guidance has been issued.
On the collection of nominations, the view is that people should follow social distancing rules, so no specific guidance has been given on that. All persons involved in the electoral process must ensure that public health is protected. The Government have issued appropriate guidance to that purpose and will continue to do so.
In response to the noble Lord, Lord Wigley, as I said, the Welsh Language Advisory Group was content with the proposed changes and translations and no major changes were made as a result. We have worked closely with our partners, including the Welsh Government, to support the delivery of Covid-secure polls in May 2021. I repeat, it is for the Welsh Government to take decisions around polls within their competence. We will continue to work with them to ensure an aligned approach to the polls.
The noble and learned Lord, Lord Morris of Aberavon, raised a particular and important issue and I undertake to write to him with guidance on how the circumstances that he described would be addressed.
There has not been major dissent and I am grateful for your Lordships’ support for the instruments today. I think most agree that they make sensible changes to support the effective administration of elections, reducing the number of signatures that candidates will need to be nominated, which balances the need to demonstrate local support for those wishing to stand as a candidate. I hear what some noble Lords said about the number of signatures. As I set out in my opening remarks, the previous position will come back in May 2022. I always found it rather congenial going around to get nomination signatures, because they occasionally came with a cup of coffee or even a glass of wine. I am sure we will listen to your Lordships’ advice on this matter.
To conclude, I very much welcome what has been said about the Welsh language. This order carries on a long process of work that goes way back. I remember working as a young adviser with Viscount Whitelaw in the days when the battle over Welsh language broadcasting was live. The work is never completed, but we are ensuring here that there is effective Welsh language provision at elections in Wales and consistency with other elections held in Wales. In a world that treks towards a drab uniformity of approved culture and thought, we should always cherish the richness of ancient cultures and language, among which the great Welsh language is pre-eminent. In that spirit, I commend the instruments to the House.