Local Authorities (Changes to Years of Ordinary Elections) (England) (Revocation) Order 2026

Debate between Lord Scriven and Lord Hayward

Tuesday 21st April 2026 Lords Chamber

[Lord Hayward (Con)]

My Lords, may I pick up on the point that the noble Lord, Lord Davies, made just now on precedent? I do not think I have heard reference to precedent elsewhere, but there is no question but that there have been occasions when elections have been delayed. However, what the noble Baroness, Lady Scott, was referring to here was the most amazing set of circumstances, whereby one week we were asked to consider an order for delays in elections on 30 local authorities, and those delays were at a point only weeks before one was heading towards notices for the election, nomination day and the like. Then, as the noble Baroness, Lady Scott, indicated, two weeks later, because of an apparent legal reconsideration of circumstances, the policy was completely reversed. As far as I am aware, there is no such precedent and, tragically, we have yet to receive an apology from the Government for the confusion—and that is all it is. It is total confusion, within a period of a few weeks going from one unclear policy to another, with the net result of substantial cost.

As the noble Baroness, Lady Bennett, identified, democracy is a frail flower, and playing around with it in the way that the Government have in the last few weeks is unacceptable. It is unacceptable not just to the public at large; we have to bear in mind the burden faced by the returning officers and their staff in the local authorities. They do a truly fantastic job in difficult circumstances. It is regularly the case that, where there are not elections in one local authority, it loans its staff to a neighbouring authority which has elections. It is not easy to find polling clerks, and what is happening is that one local authority provides the facilities for another. Here we have a position whereby people who might have been loaned to another authority are suddenly called back. There are all the other associated difficulties with calling an election, cancelling an election and then restarting an election. I will not go into them in detail, but I think most of the people in this House are only too well aware of the problems that are thrown up in the face of the EROs throughout the country by the policies that have been followed over the last few weeks.

I would have hoped that, at some stage, the Government could have apologised to the local councils, and particularly to the EROs and their staff, for the problems that they have caused, but, unfortunately, they have failed to do so. However, it is appropriate that one should identify that democracy and the way it operates need to operate on a degree of certainty, which in the last few weeks or months we have not had from this Government.

[Lord Scriven (LD)]

My Lords, I declare my interest as a vice-president of the Local Government Association, and I thank the noble Baroness, Lady Scott of Bybrook, for laying the regret Motion. It is a privilege to stand in for my noble friend Lord Pack, who I know is deeply disappointed that he is not able to be in his seat today. I will approach this with the same conviction my noble friend has voiced throughout this saga: that local democracy is not a plaything for departmental convenience. Although we welcome the Government’s U-turn, the how and why of this retreat remains shrouded in a fog of administrative incompetence.