Scottish Parliament (Elections etc.) Order 2010

Lord Maclennan of Rogart Excerpts

Thursday 9th December 2010 Lords Chamber

I will not crow over this and I will not seek people’s heads if it comes about, but I say to the coalition that if it gets its way and does to Scotland the disservice to their electoral processes that dominating them by a referendum will do, the people of Scotland will take a long time to forgive the parties which make up that coalition. The Conservative Party already knows what it means for the people of Scotland to take a long time to forgive them, but the Liberal Democrats will learn this very quickly. It is still not too late to think again about combining these two events on the one day.

[Lord Maclennan of Rogart]

My Lords, I again thank my noble friend for his exposition of not only the order, but also the Government’s reaction to the report of the Joint Committee on Statutory Instruments on the defective drafting of the order. It has to be said that this is a long, complex and not consumer-friendly order. It would be my recommendation that a proper guide to practice set out by this consolidating order should be made available to help the many people involved in elections in Scotland to find their way around the rules. Much of the order is drafted by reference to other Acts and other rules, sometimes with cross-references within the order. It cannot be an easy matter for those who have responsibility at a local level—not perhaps legal responsibility, but the responsibility of organising a campaign appropriately—to master the complexities of such things as who may obtain information about the forthcoming election, what are the limitations on the information that is required to be revealed and to whom. I think that a handbook, which needs not have the force of law but which is consistent with the order, would be a practical and helpful step to take.

Within this order, there are a number of useful changes. It is not purely a consolidating order. Although it is helpful to have the rules all contained in one order, it is also sensible to have made some of these changes. In particular, I believe that the extension of the timetables for holding elections and the different elements of the election make sense because it means that there will be less pressure of time on those who have responsibility for orderly conduct of the election. In the light of the experience in 2007, it makes sense to revert to the manual count. We cannot regard what happened then with anything other than dismay.

The order is also helpful in setting out the new limitations on pre-campaign expenditure. I assume it is the Government’s intention that any changes which may be required will take account of the current legislation, which is considering the possibility of a referendum being conducted on the same day, and will be included in the Act. But as the Government have indicated that there will need to be a new draft of this order to reflect their acceptance of the defective drafting, I hope that there will be an opportunity to consider the matter briefly in both Houses and consolidate the change at an appropriate time.

--- Later in debate ---

In relation to the observation of the noble Lord, Lord Maclennan of Rogart, that a guide might be provided in relation to this legislation, I respectfully wonder what it might look like. I share his concerns about the Explanatory Memorandum as possibly providing light. I wonder whether a guide would, in the same way, run the risk of not really providing much more in the way of light. The hope that this is never prayed in aid in construing legislation is a hope that is not always fulfilled.

[Lord Maclennan of Rogart]

I wonder if the noble and learned Lord would accept that a short guide could, in its appendix, refer to the relevant provisions of law, but that the guide itself need not be an expression of the law; it is simply a guide. A lot of lay people who are not lawyers have to understand the basic rules. These are obscure and cannot be easily abstracted from this document.

[Lord Davidson of Glen Clova]

That is certainly an ambition that I would applaud. It is the execution with which I perhaps have a degree of concern. When one has seen what has been done with the Explanatory Memorandum, even a short guide for the increase of understanding by ordinary lay people would help. It is a matter on which we will never know the answer, I suspect.

In conclusion, despite the points that I have made in relation to the matter so far, I welcome the useful changes that have been produced by the order, which should enable a more rational, modernised election process in Scotland.