Parliamentary Voting System and Constituencies Bill

Lord Low of Dalston Excerpts

Wednesday 9th February 2011 Lords Chamber

Moved by

[Lord Low of Dalston]

31ZA: Schedule 1, page 19, line 26, at end insert—
“( ) directions about the discharge of their functions in relation to voters with disabilities”

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[Lord Low of Dalston]

My Lords, I rise to move Amendment 31ZA and shall speak briefly to Amendment 31ZB, which is also in this group.

Amendment 31ZA adds to the matters on which the chief counting officer may give directions to regional counting officers or counting officers, direction about the discharge of their functions in relation to voters with disabilities. In Committee, the noble Lord, Lord Strathclyde, gave very welcome reassurances, setting out the Government’s clear expectations around the accessibility of the referendum for disabled people. It was most welcome that the noble Lord stated on 31 January:

“The chief counting officer will issue guidance and directions to RCOs and COs that will cover their duties in relation to accessibility and disabled voters under relevant equality and electoral legislation. These include: ensuring that polling stations meet the accessibility requirements of the DDA; ensuring that information, forms and notices relating to the voting process are available in alternative, accessible formats; making available enlarged sample versions of the ballot paper in polling stations; and providing a tactile voting device in each polling station to enable voters with visual impairments to vote”.—[Official Report, 31/1/11; col. 1292.]

I know that disabled people’s organisations outside this House have very much welcomed those reassurances, but it would help to underline the priority that should be given to meeting the needs of disabled voters to have the power to give directions on these matters on the face of the Bill.

Amendment 31ZB gives the chief counting officer power to give directions regarding the handling of complaints from persons dissatisfied with the way in which regional counting officers and counting officers have discharged their functions. This would apply not only to disabled voters but to voters generally and would in effect establish a complaints procedure that could be used by voters dissatisfied with the conduct of any aspect of the referendum. I raise this matter because it is surely right that there should be an avenue other than the costly and legalistic process of judicial review for members of the public to register complaints about the conduct of the referendum—whether that be over a failure to make reasonable adjustments to inaccessible polling stations or to provide the tactile voting template to a sight-impaired person, or because they feel that the arrangements for access made by regional counting officers and counting officers have fallen short of the standards that the noble Lord, Lord Strathclyde, set out in Committee.

The nature of the complaints procedure would be up to the chief counting officer to decide, no doubt in consultation with local authorities and other stakeholders. Following the serious access problems experienced at the last election, it is essential that we provide a lighter-touch, non-legalistic way of addressing complaints which enables the chief counting officer to investigate and leads to the complainant receiving a report of his findings, perhaps an apology, and a statement about the steps which will be taken to ensure that the problems do not recur. None of this is a million miles away from the powers given to the Electoral Commission by Section 67 of the Electoral Administration Act 2006 to determine and publish performance standards for electoral officers, to direct them to provide the commission with reports on their performance against those standards and to publish an assessment of that level of performance.

Noble Lords may say that my amendment will have no impact on future elections. I accept that. This amendment is designed purely to ensure that we can deal with complaints that arise during the referendum. That is all we can do in this Bill. However, if the Government could see their way to accepting the amendment, I think it would provide a good platform on which to build for the future. I hope very much that we might see provisions along the lines I am seeking by having this amendment enshrined in future electoral legislation as soon as there is a legislative opportunity. I beg to move.

[Lord Bach]

We on this side support very much the amendments of the noble Lord, Lord Low. We hope that the Government will react favourably to them; he is quite right to say that the noble Lord the Leader of the House reacted sympathetically in Committee to the debate that the noble Lord introduced. We hope that the Government might be able to go a little further this evening and agree with the amendments as far as they are able to do so. We look forward to what the Minister has to say.

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[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

I thank the noble Lord, Lord Low, for the way in which he introduced his amendment and referred to the discussions we had in Committee. Like him, I thought that they were constructive and useful. I also appreciate the words of the most reverend Primate the Archbishop of York.

The Government very much understand the concerns raised by the noble Lord, Lord Low. Naturally, this debate has thrown up interesting suggestions which the Government think merit further consideration. Although the amendments tabled by the noble Lord raise some valid and useful points about which we have thought very carefully, the Government resist these commendable amendments.

First and foremost, we remain unconvinced that the amendments in their current form will make any difference to the provisions already in the Bill or, indeed, to voters at the poll. The provisions already enable the chief counting officer to issue directions or guidance in relation to voters with disabilities or in relation to the policies and procedures for the handling of complaints. Therefore, these amendments add very little in terms of substance.

I know that the commission treats disability issues very seriously and is mindful of the importance of ensuring that counting officers are aware of the needs of voters with disabilities. Noble Lords will also be aware of the legal obligations that public bodies are already under to meet the needs of people with disabilities.

However, although the Government resist these amendments, we are entirely conscious that these are important issues, which may well warrant, after proper consideration and consultation, some application—in perhaps a modified form—and for that to be brought to bear on future polls. I know that the noble Lord will regret what I have to say but this is neither the appropriate time nor vehicle for these amendments. To consider carefully and consult on the implications of the kind of changes envisaged by these amendments will require more time than we have at present. However, they are a useful pointer to the issues that need to be addressed.

On that basis, I hope the noble Lord will understand and assist the Government by continuing the dialogue he has already had and withdrawing his amendment.

[Lord Low of Dalston]

I thank the noble Lord for his response and all other noble Lords who spoke so warmly in support of the amendments. At this late stage of the proceedings it would be appropriate to withdraw the amendment. The noble Lord the Leader of the House certainly encouraged continuation of the dialogue and spoke positively about aspects of the amendments. He said that there were things there that merited further consideration. I can take just enough away from those words to give me some confidence that the Government will wish to return to this in the context of future electoral legislation. The noble Lord can be assured that we will certainly work strenuously with the Government to ensure that that does indeed happen. On that basis, I beg leave to withdraw the amendment.

Amendment 31ZA withdrawn.