Electoral Registration and Administration Bill

Debate between Lord Tyler and Lord Lang of Monkton

Wednesday 23rd January 2013 Lords Chamber

[Lord Lang of Monkton]

My Lords, as a member of the Constitution Committee and a signatory to the amendment moved by the noble Lord, Lord Pannick, I rise to support not only what he has said but what I hope the Minister is about to say. Indeed, I have cast my notes aside because their tone was such that, had I proceeded, he might have withdrawn what he was about to say.

I am delighted to hear that common sense seems to have prevailed because a vote is a fundamental right in a parliamentary democracy. That is something of which we should never lose sight. Heaven knows, not enough of the electorate cast the votes that they are entitled to cast. For guidance we need look no further than the procedures in this House where, because of rising population, the increasingly awkward structure and access to where we vote and the time limit that we are up against, the doorkeepers have very sensibly developed their own process whereby, after eight minutes, they move in behind those who are present and waiting to go through the Lobbies, and nobody else can vote. If that can happen here in this rowdy House, I suspect that it can happen in the polling stations up and down the land if proper, sensible legislation is enacted. I will say no more and, in the interests of the cause, I will now resume my seat, supporting what I hope I am going to hear.

[Lord Tyler]

I, too, want to speak briefly to Amendment 11 in the names of the noble Lords, Lord Pannick and Lord Lang, and their colleagues. It is tempting to follow the noble Lord, Lord Lipsey, who always entertains the House, because he demonstrated not only the ludicrous nature of some of the objections that we had from the Front Bench last week but a rather ludicrous solution to those objections, if I may put it like that.

I wish to follow the points made by the noble Lord, Lord Pannick. We, too, have benefited from some very useful discussions with Chloe Smith, her ministerial colleagues in the Cabinet Office and the Bill team. I hope that my noble friend on the Front Bench will indicate that those discussions have brought forth a fruitful conclusion. I hope that that will be dealt with tonight. I do not think that it can be left any later in the passage of the Bill.

There was a time when it was suggested that this concern arose simply from some inadequacy or administrative incompetence in a few polling stations and the anticipation of the outcome in a few constituencies in 2010, and that there was therefore no need for any statutory change. We on these Benches felt that that was not sufficient and, for the important reasons advanced in Committee last week and briefly touched on this evening, we should make it absolutely clear that an elector who has gone to all the trouble of going to the polling station and is there before the allotted time has elapsed should be given every assistance to cast their vote. If the citizen is inside the polling station or in a queue before the deadline, that situation is similar to when someone is in a shop and wishes to make a purchase, the shop is open for business and closing time has not happened. Surely, in a polling station, the citizen should transact the business of democracy in exactly the same way and be permitted to vote.

We quoted in Committee last week the practical example in Scotland where this attitude was assisted by an acceptance of that principle. The Electoral Commission has strongly supported us again on the amendment. It is a failsafe amendment. We assume that there will not be great crowds turning up at the very last minute because of a change—a very small change—in the legislative framework of elections. It is surely the right thing to do and I am grateful for all the indications that there have been from Ministers that they now are listening, not just to the mood in this House on this issue but to the careful, considerable advice of the Electoral Commission, which is, after all, Parliament’s adviser on an issue of this sort.