Combined Authorities (Mayoral Elections) (Amendment) Order 2022

Debate between Baroness Pinnock and Lord Hayward

Monday 5th December 2022 Grand Committee

[Lord Hayward (Con)]

My Lords, may I pursue a slightly different issue, in relation to the Gould principle? As the Minister identified, these instruments would first be implemented on 4 May next year. I raise this not solely because of these orders and regulations but in relation to the recent change that, in England, moved the requirement for signatures for nominations for local government elections from 10 to two. This change was actively supported by the noble Baroness, Lady Hayter, from the Labour Benches, and the noble Lord, Lord Rennard, from the Liberal Democrat Benches. We welcomed the change, but I have a sneaking suspicion that it cannot apply to by-elections before 4 May because the Gould principle has been applied.

For the benefit of my noble friend, I identify the Gould concerned as Ron Gould, rather than the other Goulds it might be. For the sake of brevity, this is a limited quote from the Gould report of 2007. It said, on the question of six months:

“If, as proposed, a Chief Returning Officer is appointed for Scotland”—


the Gould report related to Scottish elections—

“a clause might be added to the provision permitting the time period to be waived by the CRO following an assessment of the legislation’s operational impact.”

When the Secretary of State made a report to the Commons on the Gould report, he said:

“Provided suitable safeguards can be found, as Mr. Gould’s report encourages, I am prepared to accept that recommendation for elections to the Scottish Parliament.”—[Official Report, Commons, 23/10/07; col. 166.]


That recommendation was that six months would apply but could be waived in certain circumstances.

I am concerned that we are seeing, in effect, a concreting and misinterpretation of that six-month rule, when it is not necessary on some occasions. It would be helpful to EROs and government in general to speed up that process. I am not asking the Minister to comment in detail at this stage on the Gould report and the principle, but I want to put on record my concern about what was originally intended to be a flexible principle and is now beginning to develop into an inflexible one.

[Baroness Pinnock (LD)]

My Lords, I start by referencing my interests as a councillor in Kirklees and a vice-president of the Local Government Association. I will speak about three areas: the principle of the proposals, the practicalities and accountability. I appreciate that the passing of the Elections Act made these changes inevitable and I am not opposing them today, but it is worth pointing out some of the consequences of what is being done.

The Minister cited the 2019 Conservative manifesto commitment, also mentioned in the Explanatory Memorandum,

“to support the First Past the Post system”.

It does not say anything about changing back to first past the post. The 2011 referendum was not about all elections having the alternative vote system, only parliamentary elections, so citing that example for this instance is not fair—it does not support the argument. If the Government want to make a change, they should just say so and not try to fluff it up with stuff that is not accurate.

The Explanatory Memorandum also states that moving to this system

“makes it easier for the public to express a clear preference”.

I suppose it depends on what is meant by “a clear preference”. I would not consider 40% a clear preference, which is more than likely the outcome of the changes being made. In my view—and, I think, in most people’s—a clear preference would mean a person achieving over 50% of the vote, one way or another.

The only European country that uses first past the post is Belarus. Here we are, regressing to an electoral system so out of favour in European democracies that it is used only in a dictatorial country where the election was overtaken by a coup. I suppose what I am saying is that it is a backward step.

The third principle being argued here is that first past the post reduces complexity. Voters are cleverer than we give them credit for. They can vote in many different ways. I think I have attended all the mayoral elections in my part of the world, and the number of spoiled ballot papers, which is the example used in the arguments for these changes to say that the method is difficult, is minimal. More often than not, spoiled ballot papers show voters expressing very clear views about the election altogether—I will not quote some of the comments I have seen. It is not about failing to understand the voting system; it is about not being happy with how it is done at all, or the purpose of it.