Combined Authorities (Mayoral Elections) (Amendment) Order 2026
(Limited Text - Ministerial Extracts only)
Read Full debate
Baroness Taylor of Stevenage
That the draft Order laid before the House on 21 May be approved.
Relevant document: 3rd Report from the Secondary Legislation Scrutiny Committee
The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)
My Lords, over the last year Parliament has debated, agreed and decided that the voting system for mayors and police and crime commissioners should be changed to the supplementary voting system, or SV, through the English Devolution and Community Empowerment Act 2026, which received Royal Assent in April. I remember fondly the debates noble Lords had on the matter during the passage of that legislation. Therefore, I am sure that some of the points I will go on to set out in relation to SV will be familiar to noble Lords in the Chamber today. The SV system was used when the positions of elected mayors and police and crime commissioners were first established decades ago. The Government believe that it is the most appropriate voting system for single executive offices, where it is essential that the individual has a broad mandate from their electorate.
The English Devolution and Community Empowerment Act contains the main measures required to change the voting system used for these types of elections, and these will be commenced in due course. However, there are also a number of other changes that must be made to the election conduct rules via secondary legislation to fully enable the use of SV: for example, updating the images on ballot papers to allow a voter to select multiple preferences, updating guidance to electors, and updating the procedures used at the count should there be a second round of counting.
As stated during passage of the English Devolution and Community Empowerment Act, the Government’s intention was to implement the change to SV for any mayoral or PCC election taking place after the scheduled May elections this year. This order has been drafted to be concise, so it will make only the necessary additional amendments to enable SV to be used for both combined authority and combined county authority mayors, including those who exercise police and crime commissioner powers. The order will therefore not make amendments with regards to local authority mayors, the Mayor of London, or police and crime commissioner elections. Further legislation will be brought forward for those in due course.
Turning to the timings for implementation, this order will make the change to SV for any combined authority or combined county authority mayoral election for which notice is given on or after the date this order comes into force. As this is a reversion to the original voting system used for mayoral elections, the SV process will be familiar to both administrators and electors. Implementing these changes will therefore be straight- forward, and we are confident that returning officers will be able to make the necessary changes.
I now turn to the content of the instrument. The conduct rules for elections of combined authority and combined county authority mayors are set out in the Combined Authorities (Mayoral Elections) Order 2017. This order will make a number of amendments to the 2017 order. As we have discussed already, the SV system was that used when combined authority mayors were first established, so these changes are largely reverting the 2017 order back to its original drafting. The Electoral Commission has been formally consulted on these changes and has raised no objections. Articles 3, 4 and 5 of this instrument will amend Schedules 1, 2 and 3 to the 2017 order respectively. They set out the conduct rules for these mayoral elections, both when the poll is a standalone poll and when the poll at a mayoral election is combined with the poll at another type of election or referendum.
The amendments will update the guidance given to voters in polling stations to reflect that they now have the option to select a second preference. They will also update the various processes involved in counting the votes, to reflect that a second round of counting may be required. They also make a number of consequential amendments throughout the conduct rules, to ensure that references to votes refer to first and/or second preference votes, as appropriate.
Schedules 1 and 2 to this instrument contain updated statutory electoral forms. Schedule 1 sets out the forms in respect of a stand-alone mayoral election, and Schedule 2 sets out the forms where a mayoral election is combined with another type of election or referendum.
There are two types of forms that require updating to enable SV. The first is the ballot paper; a new ballot paper image is provided in this instrument to allow voters to select both a first and second preference of candidates. The instrument also contains the ballot paper to be used where there are only two candidates running, as in that scenario, voters are not given the choice to select a second preference, and the poll reverts to a simple majority voting system. The second is the postal voting statement; this contains guidance to postal voters, so this instrument provides a new postal voting statement form that will inform the voter that they may select both a first and second preference where there are three or more candidates running.
To conclude, these are straightforward changes necessary to implement a change set out in the English Devolution and Community Empowerment Act. I hope that the House will join me in supporting this instrument, and I look forward to answering any questions that noble Lords might have. I beg to move.
Baroness Taylor of Stevenage (Lab)
My Lords, I thank all noble Lords for their considered contributions today. I first pick up the point made by the noble Lord, Lord Jamieson, about the principle behind this. I think that is the most important thing; I did set it out in my introductory speech. It is that the Government believe that this is the most appropriate voting system for single executive offices where it is essential that an individual has a broad mandate. Having cleared up that point of principle, I will try to answer all noble Lords’ questions.
The noble Lord, Lord Hayward, asked whether the reason for delivering this change at pace was political advantage. The answer to that is, clearly, no. As I have already said, the Government were very clear during the passage of the English Devolution and Community Empowerment Act that we intended to make this change for mayoral and PCC elections after May 2026. There is now the potential for such an election; I will come on to more about that in a moment. We are therefore acting to deliver on our commitments made to Parliament.
The noble Lord, Lord Jackson, raised these issues as well—I am sorry that the charm offensive that I experienced yesterday has come to a shuddering halt, but never mind. The noble Lord referred to
“locking out the Conservatives … from power”.
They did a very good job of that themselves; I think that is clear.
The noble Lord, Lord Hayward, asked me about the cost of any by-election in Manchester. If he does not mind, I will write to him on that issue. It is paid for by the local authority and not from central taxation. However, in the general course of things, when it is not a by-election, these elections will be held anyway. Ballot papers have to be printed anyway. The count has to be held anyway. Those costs are very similar, whether the election is held under SV or under first past the post.
Lord Hayward (Con)
I thank the Minister for giving way. I am very pleased indeed by her commitment to write to me. My noble friend Lord Jamieson referred to the associated costs of introducing this process. Could we possibly have both at the same time?
Baroness Taylor of Stevenage (Lab)
I will have a look at whether it is possible to get that figure; I thank the noble Lord for that question.
The noble Lords, Lord Hayward and Lord Jamieson, asked me why we are changing the voting system only for two types of mayoral elections. First, to reiterate— as I think was referred to by the noble Baroness, Lady Pinnock—these changes revert to the 2017 voting system, which was brought in by the Conservatives, and it was the Conservatives who changed it back in 2022. We are reverting to the system that the Conservatives had introduced for these single-office posts.
The English Devolution and Community Empowerment Act 2026 received Royal Assent in April this year and the Government’s stated aim has always been that we will work at pace to deliver secondary legislation needed to implement the new law at the earliest appropriate opportunity. Of course, the Government are conscious that there is now a possible scenario in which a mayoral by-election may need to be held in Greater Manchester in the coming months, subject to the outcome of a parliamentary by-election in the Makerfield constituency on Thursday this week.
To fulfil both Parliament’s will and this Government’s stated commitment to reimplement SV, we have drafted this order at pace to ensure that the necessary legislation will be in place for this system to be utilised if that mayoral by-election takes place. To meet this deadline, the order had to be kept concise and could not include measures to amend all other types of mayoral elections. Amending all the relevant mayoral and PCC election conduct rules would also require a range of statutory instruments, as they use different parliamentary procedures. We intend to implement SV for other mayoralties and PCCs in due course through separate instruments.
Baroness Taylor of Stevenage (Lab)
If the noble Lord will bear with me for a moment, I am going to answer some of his other points. If I do not cover it, he is welcome to step in.
The noble Lord, Lord Jackson, raised issues about the voting system. I am sure he will make his comments on voting in London when we make the instrument for London mayoral elections. To be clear, this particular instrument does not cover London mayoral elections. SV was the voting system implemented on the introduction of both mayoral and police and crime commissioner elections. As I said, we think it is much more appropriate for selecting single-person executive positions such as mayors or police and crime commissioners.
However—and the noble Lord Jamieson asked about this—we believe that the first past the post system is a clear way of electing representatives which is well understood by voters and which, although not perfect, provides for a direct relationship between a member of a legislature and the local constituency. The first past the post voting system is therefore a more suitable system where there are a number of seats to be filled, such as for a council or a Parliament, and the likelihood is that people representing a range of views and parties will be elected. Therefore, the Government have no plans to change the electoral system for UK parliamentary or local council elections in England.
Lord Jackson of Peterborough (Con)
I thank the Minister. On a point of fact, as a result of the 2022 legislation which reverted back to first past the post, the Greater London returning officer estimated that, because it was not necessary to use the e-voting infrastructure for counting, there was an indicative saving of £4 million. That is the difference between the SV system and first past the post, so surely the Minister will concede that there is a significant greater cost of this new system that we do not yet know.
Baroness Taylor of Stevenage (Lab)
As I said, this instrument does not cover London, and there is no price to put on democracy. We should always be aiming for democracy first. However, as I said to the noble Lord, Lord Hayward, I will do my best to find out if there is any financial impact of this instrument.
The noble Lord, Lord Hayward, asked me about the sector being able to cope with the late change. SV has been used in the past extensively and recently and will be deeply familiar to returning officers and their teams. My department has been working closely with the sector as it prepares for the changes arising from the English Devolution and Community Empowerment Act 2026, and we will continue to support it in managing any changes once this instrument is made. As I said, we consulted with the Electoral Commission, which did not have any concerns about this, so we are confident that the change is straightforward and the sector will have no issues in implementing it.
The noble Lord, Lord Hayward, and the noble Baroness, Lady Pinnock—for very different reasons, I think—asked how the public will be informed of these changes, and the noble Lord, Lord Jamieson, had some concerns in that area too. Electors will receive information on the voting system used via a number of methods, including guidance on postal voting statements and in polling stations that they will read prior to voting. More importantly, where there are three or more candidates at an election, the ballot paper itself will be clear that electors have the option to select a second preference. I am confident that electors will be informed of the change and understand their options when casting their vote, especially given that this is a voting system that has been used extensively in the past and will be well understood, and indeed familiar, to many voters. Greater Manchester used SV for almost all its elections, with the exception of one in 2024, reflecting its status as an established voting system.
The noble Lord, Lord Jackson, and the noble Baroness, Lady Pinnock—again, I expect, for very different reasons —asked me why we were using SV, not a different system. The Government have no plans at present to introduce the single transferable vote to mayoral and PCC elections. The Government acknowledge that different voting systems can be better suited to different types of polls and elections, and we take the view that SV is the right system to use for selecting single-person executive positions. It requires the winning candidate to receive the majority of votes counted, and that ensures that they have broad support across the area and a broader mandate from the people they are representing. A key advantage of the SV system over other preferential voting systems is that, as I said, it was widely used before for mayors and PCCs, so people are familiar with it.
The other question from the noble Baroness, Lady Pinnock, was about how the supplementary vote is counted. With a supplementary vote, if no candidate gets over 50% of the vote, the top two candidates continue to a run-off and all other candidates are eliminated. When casting their ballot, voters can put a second choice of who they would vote for in a run-off on the original ballot paper. If your favourite candidate gets through then your vote is counted for them in the run-off, but if they did not and your second choice did, then your vote goes to them. The run-off candidate with the most votes is declared the winner.
Baroness Pinnock (LD)
I am sorry to interrupt the Minister, but that is not the question I asked. The order does not say “the top two”; it just says “the candidates remaining” without defining what that should mean. I assumed, as has the Minister, that that means the top two, but I could not find that in the order. Perhaps she could write to me.
Baroness Taylor of Stevenage (Lab)
I am happy to write to the noble Baroness to clarify that point.
In conclusion, the instrument is necessary to allow the SV system to be implemented for combined authority and combined county authority mayoral elections. This was a commitment made in primary legislation, and it will ensure that those elected to these positions have a broad base of support from their electorates, which we believe is of particular importance for these single-person executive offices. I hope the House will welcome these regulations, and I beg to move.