Parliamentary Voting System and Constituencies Bill

Lord Kilclooney Excerpts

Monday 7th February 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, we will return to this issue when we debate Amendment 5F. I look forward to the contributions of the noble Lord, Lord Foulkes, when he moves it, and of my noble friend, Lord Forsyth. We will debate this more fully at a more appropriate time.

[Lord Kilclooney]

We now know the order of priority in Scotland, but the situation in Northern Ireland is getting more confusing. In the past few days, there have been many complaints about having three elections on the one day. Will the Minister tell the Committee the order of the three counts in Northern Ireland?

[Lord Wallace of Tankerness]

When we debate Amendment 5F, I will be able to give a clear answer to that. I do not wish to hazard a guess at this stage. I think that there has been a statement from the chief counting officer, who is the chair of the Electoral Commission, that the counting of the referendum will start at 4 pm on the Friday. I will confirm that that statement has been made, and what the order will be in the Northern Ireland elections. I think that I am right in saying that some of them are conducted on the single transferable vote, which itself takes time—I put it no higher than that. Amendment 5F does not necessarily include Northern Ireland, but now that the point has been raised I will certainly be in a position to answer the noble Lord when we come to debate it.

In conclusion, the Government still wish to see the referendum take place on 5 May. The Electoral Commission and the electoral administrators are ready. The public also will be ready, and the Government would consider it a very grave matter indeed if the referendum did not meet the 5 May timetable. In the spirit with which the noble Lord, Lord Rooker, moved his amendment, I am happy to accept it and thank him for his constructive engagement.

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[Lord Foulkes of Cumnock]

I agree with the noble Lord. I was going to say “my noble friend”: that is the way things are going. There are some strange bedfellows already in the coalition, but I am not suggesting that there should be any others. If the amendment is passed, accounting officers and returning officers are more likely to ensure that all the ballot papers go into the appropriate boxes. It will put greater pressure on them if, in the terms of my revised amendment,

“the count for the Scottish parliamentary general election shall not be delayed as a consequence of the combination of polls”.

If that is agreed by this House and by Parliament, that would put pressure on the returning officers to make sure that people cast their votes in the appropriate ballot boxes.

[Lord Kilclooney]

My Lords, if the count for the Scottish Parliament gets priority over the count for AV, does that mean that the results for AV in Scotland will be revealed much later than the results for AV in England?

[Lord Foulkes of Cumnock]

No. In England, Northern Ireland and Wales, the sequence is that the AV count will follow. The sequence is the same in each part of the United Kingdom. I propose not to change the sequence but to bring further forward the AV count in Scotland, because we will have the Scottish parliamentary election count earlier. If that takes place immediately, the AV count will be brought forward. This excellent amendment has that limited advantage as well. I am most grateful to the Public Bill Office for advising me. Strong views on this are held in Scotland. I know that the noble Lord, Lord Strathclyde, who is replying to this debate, takes as much interest in the Scottish parliamentary elections as I do. I have seen him at counts in Ayrshire on occasions. Usually I am smiling and he is not, but I am sure that he will not worry about that and will give the amendment sympathetic consideration.

--- Later in debate ---

[Lord Martin of Springburn]

My Lords, I was interested to hear the noble Lord, Lord Foulkes, say that he did not kowtow to the press. He agreed to sponsor me in this House. We had a discussion a fortnight beforehand and I said: “George, try to keep your name out of the newspapers”. He did, but hard as he tried, he could not keep his name out of the papers. He certainly does not kowtow to them, but he does make sure that he is in them.

There is an important principle here about the count taking place in a few hours after the close of the poll. Every political party represented in this House and in the other place depends largely on volunteers giving up their time to help in the political process. Without them, we would not have the political parties or the democratic process that we have. These men and women work months in advance—they are working now—to try to win their party a seat in their constituency or, in Scotland, on the list. They give of their time and sometimes they take holidays in order to do so. They negotiate with their employers to take a holiday that they are due and, when election day arrives, they take the day off. For manual workers and blue collar workers, that means giving up a shift, and they can well manage to stay on till the small hours of the morning and hear the result for which they have worked so hard. Sometimes they are disappointed; on other occasions, they are over the moon. However, it would be different if the count were left until later. It would not be practical for people who are paid an hourly wage to stay on and lose another day’s income. For that reason, it is important that we keep the tradition.

There is also the comradeship that one finds at the count. It is a great gathering place. Perhaps you will not have seen party workers with whom you are friendly other than at a conference and you ask how things are going in their constituency. There is banter and even friendly rivalry between the parties. It is a good time for political people to all be under one roof, and I think it is a tradition that we should keep. For young people, it is a way of learning about the political process—how to take guidance from the agent or how to be a count agent—and to see the process in action.

I do not think it will have been forgotten that the last count at the Scottish elections was an absolute shambles. Electronic equipment had been brought in to do the counting, although everyone was used to manual counting. The machines did not work and, as a result, at certain constituencies the counters and returning officers had to seal the boxes and even the whole building, allowing the workers to go home to rest and come back the following day. I ask the Minister to ensure that that shambles does not happen again.

During the debates on this Bill, I have mentioned the Electoral Commission. I have no reason to pick on the commission but it will have to learn from its mistakes. It had some input into the decision to use electronic equipment at those Scottish elections and, because of that, it was not possible for independent adjudicators to find out what went wrong—in other words, they could not carry out an investigation. The taxpayer had to pay for a gentleman called—if my memory serves me right—Mr Gould to come from Canada to do the investigation, and the cost involved was substantial. That would not have happened had the Electoral Commission had some foresight. My criticism is that it tends to jump in without thinking through the consequences. Therefore, I hope that the counts that take place during the night and the wee hours of the morning continue and that we will learn from the mistakes of four years ago.

[Lord Kilclooney]

My Lords, earlier I raised the concerns that exist in Northern Ireland. I can understand the concerns of the noble Lord, Lord Foulkes, regarding how the count will proceed in Scotland, where two elections are held on the same day. The position in Northern Ireland is more confusing because we have three elections on the same day. I warned that this could cause confusion and over the past few days I have certainly experienced increasing unease in Northern Ireland about the count following these three elections. Two will be based on STV—one to the Northern Ireland Assembly and one to the district councils—and the third one on AV.

When I raised this matter with the noble and learned Lord, Lord Wallace, he said that when he came to respond to this amendment we would get an answer on what priority would be given to the counts for the three elections in Northern Ireland. Therefore, I should like to know in which order the counts for the three elections in Northern Ireland will take place, and whether we will have to wait for the result on AV to come through in Northern Ireland or whether it will come out at the same time as in England, Scotland and Wales.

[Lord Falconer of Thoroton]

We support the principle behind these amendments, which is for the AV count to take place after those for the Welsh Assembly, Scottish Parliament and local elections, the local elections count being caught by the amendment in the name of my noble friend Lord Lipsey. Whether that requires an amendment to the Bill or whether it can be dealt with by a clear statement from the Minister depends on what the Minister says, but we support the approach of these two amendments.