Draft Combined Authorities (Mayoral Elections) (Amendment) Order 2022 Draft Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2022 Draft Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022

(Limited Text - Ministerial Extracts only)

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Wednesday 30th November 2022

(2 years ago)

General Committees
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Lee Rowley Portrait The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Lee Rowley)
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I beg to move,

That the Committee has considered the draft Combined Authorities (Mayoral Elections) (Amendment) Order 2022.

None Portrait The Chair
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With this it will be convenient to consider the draft Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2022 and the draft Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022.

Lee Rowley Portrait Lee Rowley
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It is a pleasure to serve under your chairmanship, Mrs Murray.

The three draft statutory instruments were laid before the House on 1 and 3 November. If approved and made, they will amend the forms, ballot papers and processes prescribed in existing legislation to take account of a change made by the Elections Act 2022. The Act brought in first-past-the-post voting for the elections of Mayors and police and crime commissioners, replacing the supplementary vote system that is currently used. The merits of individual voting systems have been debated at length in connection with the Elections Act, and Parliament has made a determination. Our activity in Committee today is to ensure that the regulations under the Act reflect what is in it.

Turning to the specificities before us, the draft statutory instruments will ensure that forms, ballot papers, provisions for counting votes, and other prescribed procedures are updated to reflect the fact that mayoral and PCC elections will in future be on a first-past-the-post basis. The provision in the Elections Act 2022 making that change is now in force, and the change will first apply to any mayoral or PCC elections or by-elections held on or after the ordinary election day in May 2023—in practical terms, that is 4 May 2023, being the first Thursday in that month.

Without the draft statutory instruments being approved and made, election officers would not be able effectively to deliver elections for local authority and combined authority Mayors and for police and crime commissioners held on or after the date I just mentioned. An instrument subject to the negative resolution procedure, making similar changes to elections for the Mayor of London, was made on 26 October and laid before Parliament on 31 October. As with the instruments before us, that instrument will apply first to any election or by-election held on or after 4 May 2023.

In drafting the instruments, the Department and the Home Office consulted the Electoral Commission on the text. We are grateful to it for its technical comments, which we have taken into account.

I will not delay the Committee any further. The draft instruments before us are essential to ensure that council officers can properly implement the move to first past the post for Mayors and PCCs. That change, which Parliament has already approved, will mean easier voting for those posts, with more straightforward counting of votes, and clearer and quicker results. I commend the draft orders and regulations to the Committee.

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Lee Rowley Portrait Lee Rowley
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I thank the hon. Members for Nottingham North and for Hemsworth for their contributions, both of which went slightly broader than the statutory instruments we are debating, although I am happy to try to respond to some of the points raised.

Let me first take the questions from the hon. Member for Hemsworth. He makes much of paragraph 10.3 of the explanatory memorandum to the Combined Authorities (Mayoral Elections) (Amendment) Order 2022, but that should be taken with the totality of paragraphs 10.1 and 10.2, which 2 explains clearly why the Government took the approach they did to consultation.

On the hon. Gentleman’s broader points, what he said about Mayors not obtaining 50% of the vote is clearly not the case. My hon. Friend the Member for Bolsover indicated that it does not apply in the case of the Tees Valley mayoralty or of Labour individuals who have been successful in mayoral elections, including the former Member for Leigh in the Greater Manchester mayoral election of 2021.

The hon. Gentleman was also concerned about people making decisions having been elected by one in 10 voters, but under what I take from his comments to be the alternative, Mayors could still be elected by one in 10 voters; it is just that the person who came second could come first. None of today’s discussion is relevant to his broader concerns, which are legitimate, about the number of people taking part in our democratic systems and how we increase that number.

I gently say to the hon. Gentleman that one way to increase the numbers taking part would be to not slightly misrepresent what is in the explanatory memorandum. He has been in this place long enough—far longer than I have—to know that there is a requirement on the Government to understand the impact of changes; that is good government. It is appropriate that the Committee members here to debate these measures should understand their impact. The £7.3 million figure is a genuine attempt by the Government to set out their operational and financial impact—it happens to be positive, in this instance—over time. That is down to counts taking less time, and not needing to go to a second round in a number of instances. I hope those answers were helpful to the hon. Gentleman.

The hon. Member for Nottingham North is obviously setting out a broader prospectus with his discussion points today. He talks about applying the litmus test of going out and asking the average person what their top priorities are. I gently say to him that I think most Labour Members do not, week by week, talk in this place about what is important to people out there. I am very happy to test that in places such as North East Derbyshire in the months and years ahead.

We have committed to providing post-legislative scrutiny, and will continue to do that. There is a fundamental point on which we obviously have a difference of view: we said clearly in our manifesto in 2019 that we support first past the post. That debate was had in proceedings on the Elections Act 2022, and has been closed. Today it is important to ensure that the provisions behind elections legislation align, so that we can hold the kind of elections that we want—elections that are well run and well organised. For those reasons, I strongly encourage Committee members to support today’s instruments, and I commend them to the Committee.

Question put.

Division 1

Ayes: 10


Conservative: 10

Noes: 7


Labour: 7

Resolved,
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Division 2

Ayes: 10


Conservative: 10

Noes: 7


Labour: 7

DRAFT POLICE AND CRIME COMMISSIONER ELECTIONS AND WELSH FORMS (AMENDMENT) ORDER 2022
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Division 3

Ayes: 10


Conservative: 10

Noes: 7


Labour: 7