Localism Bill

Lord Collins of Highbury Excerpts

Thursday 30th June 2011 Lords Chamber

[Lord Greaves]

I will speak to Amendments 129B and 129C, which are in this group. They refer to Clause 54, which refers to regulations about voting in, and the conduct of, referendums. Clause 54(6) states clearly:

“Regulations under this section may not include provision … about the limitation of expenditure in connection with a referendum … for the questioning of the result of a referendum by a court or tribunal”,

or,

“creating criminal offences”.

The question here is: does that mean that established and understood election law, in these areas and in others, will not apply in the case of a local referendum? Will normal election law not apply? What redress does anyone have if it is believed that someone is rigging the referendum if there is a considerable degree of personation taking place—despite the complacency that there still is in many quarters, quite a bit of old-fashioned personation goes on at polling stations in some parts of the country—or the rigging of postal votes, which takes place on a frequent basis in some parts of the country and in any case is perfectly easy to do? If the system is that there is no criminal or other redress against this happening, the odds are that where some people think that the question behind the referendum is very important that this sort of thing will continue.

If there are freestanding referendums, that may simply be a matter for the referendum. However, it is quite clear that, for reasons of cost, where referendums are taking place councils will do their best to make sure that they do so at the same time as elections—probably on the first Thursday in May, whenever the local elections are taking place or European elections in June and so on. Under those circumstances, if I read the provisions of Clause 54 correctly, rules will apply to the election campaigns but some of them will not apply to the referendum campaigns taking place alongside them. Given what we all believe will happen— that in some cases referendums will be organised to assist election campaigning—the distinction between the two may not be all that obvious.

If I were campaigning in a local election and there was a referendum going on at the same time, I might well include reference to the referendum and what I thought people should do—both for and against it—in my election literature. Indeed, this happened on a large scale among all the parties during the AV campaign, but less so with the Labour Party because it could not make up its mind whether it was in favour or against. It happened on a large scale with the Conservative Party and to some extent among the Liberal Democrats. Leaflets were put out saying, “Vote for Joe Bloggs and, by the way, vote”—yes or no—“in the referendum campaign”. Or it was the other way around: leaflets went out which were 90 per cent “vote no” in the referendum campaign, and also “Vote for your local Conservative candidate”. I compliment their skill in doing that; it won them a lot of seats.

It is going to happen, certainly at local level. So what about rules like election law, such as the need for imprints on leaflets? Will that apply to referendum material? What about the rules about payment of canvassers? My noble friend Lord Rennard referred to the possible payment of canvassers for collecting petition signatures, but what about paying canvassers to go around and persuade people to vote one way or the other in a referendum, which is illegal in elections? What about offences relating to what you can and cannot do at the counting of the votes? What about offences relating to intimidation of voters? Particularly where there are joint elections, common sense suggests that there should be common rules. The provision in Clause 54 suggests that there should not. I would be grateful if the Minister could explain what it means and whether it needs some amendment before the Bill completes its passage through this House.

[Lord Collins of Highbury]

My Lords, the noble Lord, Lord Rennard, made a point in moving the amendment about the payment to individuals collecting signatures. I would be slightly concerned that he, as an able organiser in the Liberal Democrats, may fall foul of such an amendment if he was paying employees of the party to undertake political activity that may include support for a referendum. I would hate to think that he may end up in jail as a consequence, so perhaps he could clarify the position.

[Lord Rennard]

Briefly, no problem seems to occur in elections. The paid staff of parties, as the noble Lord will well know, take part in elections, but it has never been considered an activity of paid canvassing. The activity of a large organisation like a big business deciding it wants to get something through and employing people specifically to sign the petition would be of a rather different order.