Legislative Reform (Overseas Registration of Births and Deaths) Order 2014
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Lord Wallace of Saltaire
That the draft order laid before the House on 5 December 2013 be approved.
Relevant document: 18th Report from the Delegated Powers and Regulatory Reform Committee, considered in Grand Committee on 4 February.
Deep Sea Mining Bill
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Lord Wallace of Saltaire (LD)
My Lords, I start by saying that the Government give this Bill their whole-hearted support. I thank my noble friend Lady Wilcox for introducing the Bill for your Lordships’ consideration, along with her honourable friend in the House of Commons, Sheryll Murray, who brought forward this valuable Bill. Both of them have good links with the sea in south-west England—happier links than in the current conditions. I have had many conversations with the noble Baroness, Lady Wilcox, on the fisheries issue.
To some extent, this is a journey down Memory Lane for me. In the 1970s, as a young academic working on British foreign policy, I did some work on the British-Icelandic fisheries dispute and got from there into the question of international fisheries regulation. I then found myself invited to some of the conferences preparing the UN Convention on the Law of the Sea, and I remember hearing about manganese nodules and how they were very much one of the materials of the future. The future is clearly rather longer term than people in the late 1970s and early 1980s were thinking, but it is clear that, as some companies begin investigating whether one can mine asteroids, the deep sea will be rather easier than that, as we search for other resources.
In answer to the noble Lord, Lord Triesman, efforts at global fisheries regulation, in treating global fisheries as the common heritage of mankind, have not yet succeeded in providing the level of enforcement of regulation that we all hoped for then. That raises a number of issues for how well global and regional institutions will be able to co-operate to make sure that, in these very deep oceans, regulations are observed. It is yet another area in which the idea that Britain on its own as a sovereign country, not co-operating with others, can do things—the myth of UKIP and others—is clearly idiotic. We have to work intensively with others to conduct the sort of research that the noble Lord, Lord Triesman, is talking about, and that is much better done in a European, OECD or UN context. That is the way in which any intelligent foreign policy has to go forward—a message that all of us who believe in international co-operation are going to have to make loud and clear over the next few months. We are better together in the European Union, in the UN and within the UK.
We have heard that deep sea mining has tremendous potential, but it is still potential. We expect that at some point in the next generation it will begin to play a very significant role in the world economy. We welcome this Bill partly as reinforcing the ability of the United Kingdom Government to be an active participant at the leading edge of such developments. The Government have already sponsored two applications to the International Seabed Authority by a British company to explore for polymetallic nodules in the north Pacific. We want to make sure that British business is well placed to take advantage of all future developments in deep sea mining. Britain already has substantial expertise in relevant technologies learnt through exploiting gas industries in the North Sea, in deeper and deeper waters. Much of this technology and the associated expertise could also be utilised in the deeper sea mining that is envisaged.
Last year, my colleagues in the Department for Business, Innovation and Skills organised a very successful industry day to alert British companies to the opportunities which deep sea mining might in time provide for them. I am pleased to say that about 80 British companies participated. The economic opportunities which deep sea mining might open up are potentially very substantial. The Government have already taken action to bring them to the attention of British companies.
At present, we are only at the stage where exploration for minerals on the deep seabed is taking place. In due course, we can expect that the International Seabed Authority will move to consider exploitation—in other words, actual mining—of minerals on the deep seabed. The Government are, of course, committed to ensuring that the highest environmental standards are applied at the exploration phase, and even more so at the exploitation phase. The UK delegation made it clear during a first discussion of exploitation regulations at last year’s session of the council of the ISA that we would expect to see the exploitation regulations include the highest possible environmental standards, and we are determined to press this position. We also emphasised the importance of there being full consultations with all relevant shareholders, including, therefore, non-governmental organisations with an interest in the marine environment. I say to the noble Lord, Lord Triesman, that we will engage with the question of how we manage to enforce what is agreed as well as getting through the process of what is agreed. We certainly need to learn from the difficulties that we have experienced with regard to international fisheries.
During the debates in the other place, we were urged to look again at Section 5 of the 1981 Act. This section requires the Government, when issuing licences, to have regard to the need to protect the marine environment so far as is reasonably practicable. It is clear that deep sea mining cannot have no effect on the marine environment, but we can mitigate the effects, and that is what Section 5 of the 1981 Act already requires us to do. Therefore, the Bill does make amendments to Section 5 of the 1981 Act, but these are all purely consequential upon the fact that Scottish Ministers will now have the ability to issue licences under the Act.
However, in the light of the comments made in the other place, we have looked again at whether more substantive changes should be made to Section 5. We remain of the view that Section 5 is still adequate for our purposes. In particular, in carrying out their duties under Section 5, Ministers would necessarily have to take into account the terms of the advisory opinion from the International Tribunal for the Law of the Sea given in 2011. This made it clear that, in sponsoring applications to the International Seabed Authority, states must have regard to their environmental obligations. That includes specifically the precautionary approach set out in the Rio declaration. Therefore, we are satisfied that Section 5 is adequate as it stands and, indeed, that it is worded in such a way that account can be taken of further developments in the international law relating to the protection of the environment.
It was suggested in the other place that, since the ISA will shortly be considering the question of exploitation regulations, the Bill might be premature. I can assure the House that this is not so. On the contrary, it is important that the law of the United Kingdom should enable us to ensure compliance with the mining regulations once they are adopted, and that is what this Bill will do. The new Section 2(3A) will enable Ministers to include in licences a requirement on contractors to comply with any rules, regulations or procedures adopted by the International Seabed Authority. Therefore, the Bill is not at all premature. It is, in fact, very timely because it will enable us to give effect to the mining regulations as soon as they are adopted by the ISA. I am happy to reiterate that the Government are committed to applying the highest environmental standards in any applications which they sponsor, and will do all they can to ensure that the ISA also incorporates such standards in its regulations.
The Bill itself applies only to exploration and exploitation on the deep seabed; that is to say, the area of the seas beyond the jurisdiction of any state, including that of the United Kingdom. The Bill makes extensive amendments to the existing legislation— the 1981 Act, which has proved anything but temporary, being now of course more than 30 years old—and, in recognition of this, the Short Title will be amended to remove the reference to its temporary character.
There are two principal reasons why it was felt necessary to bring forward amendments to the 1981 Act. As has already been remarked, the first was that it was passed before the UK’s ratification of the United Nations Convention on the Law of the Sea. It is therefore not surprising that in some respects the 1981 Act does not fully reflect the requirements of the convention. However, the most significant reason for needing this Bill is that the 1981 Act covered only polymetallic nodules, or manganese nodules as they were known in those days. I have already explained what these are, and it was thought at the time that the 1981 Act was passed that they were the only mineral resources on the deep seabed likely to be exploitable. Now we are discovering polymetallic sulphides and cobalt-rich crusts; I am sure that all of us would instantly recognise these when we saw them. They happen to be a mere 3,000 metres down, under the ocean.
In the past few years, the ISA has adopted regulations about cobalt-rich crusts and polymetallic sulphides. I am told that cobalt-rich crusts occur on sea mounts in the western Pacific Ocean and there is already interest in exploring for them from China, Japan and Russia. I am pleased also that Brazil, one of the key emerging markets in the world, has just submitted an application to explore for crusts in the south Atlantic. As to polymetallic sulphides, these normally occur at the source of extinct volcanic activity on the deep seabed, as the noble Lord, Lord Triesman, said. There are now six applications to explore for these minerals, covering areas of the Indian Ocean and the Atlantic Ocean.
Obviously, I am sure all noble Lords will agree, the Government would like to have an open door to any contractor who wishes to explore for any of the mineral resources of the deep seabed. However, under the 1981 Act as it stands, we could not give a licence to a commercial company that wished to explore for cobalt-rich crusts or polymetallic sulphides. If a company came along with a request for the United Kingdom to sponsor an application to explore for either of these mineral resources, we would be obliged to say no. The company would no doubt simply then go to one of the other 160 states that are members of the ISA and seek sponsorship from it. To put it crudely, the United Kingdom would simply lose out.
It is for this reason among others that the Government fully support this Bill—indeed, they are enthusiastic about it. It demonstrates that the UK is open for business internationally and that we are keen to participate in what will, I am sure, in time—perhaps not in my time—be a ground-breaking and innovative industry. I congratulate again my noble friend Lady Wilcox on introducing this Bill and I hope that it will receive the unanimous support of the House.
Electoral Fraud
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Baroness Hanham
To ask Her Majesty’s Government what assessment they have made of the recommendations in the final report of the Electoral Commission Electoral fraud in the UK.
Lord Wallace of Saltaire (LD)
My Lords, we are carefully considering the Electoral Commission’s recent report and its three main recommendations and will respond in the coming months. We welcome the commission’s finding that electoral fraud is not widespread and agree that we should continue to consider ways to safeguard electoral integrity. That is why the Government are introducing individual electoral registration from June this year, which will help make registration more secure.
Baroness Hanham (Con)
My Lords, I thank the Minister for that reply. I am sure that many Members of this House will welcome the proposals in the package put forward by the Electoral Commission to be introduced by 2014. However, it proposes to leave the introduction of one area until 2020: individual identification at polling stations. In responding to the report, will the Government consider encouraging the commission to bring that forward, as it is a very important aspect of preventing fraud?
Lord Wallace of Saltaire
My Lords, the Government are considering that although I have to say that Ministers are not yet convinced of its desirability. We all know from the American experience that demanding qualifications and identification at polling stations tends to discourage people from going to vote and we do not wish to discourage people from going to vote. There is less evidence of personation at polling stations than there is of multiple registration—ghost voters being put on the register—or of postal vote fraud, so we are not yet persuaded that the response is proportionate to the problem we face.
Lord Campbell-Savours (Lab)
My Lords, is it not interesting to note in the detail of the report that the Electoral Commission is finally prepared to recognise that there are high-risk areas, which it identifies and lists, which are identifiable as having ethnic minority populations, where it believes that there is a particular problem? Is it not true that if the commission had been prepared to admit that four years ago, when the legislation was introduced, we could have avoided spending tens of millions of pounds on an individual registration scheme, which is a total waste of public money, and could have targeted that resource on the areas where there is a particular problem? We are wasting public money on a scheme which is utterly ridiculous.
Lord Wallace of Saltaire
My Lords, I entirely disagree with the noble Lord on that. We are one of the few democracies that clings to the 19th century approach of household registration. Individual electoral registration is much more appropriate to the population we now have.
Lord Tyler (LD)
My Lords, given that my noble friend has already said that the most prevalent problem in the past has been fraudulent use of the postal vote system, is he confident that the returning officers, who will now have to check personal identifiers for every single postal vote returned, will have the necessary resources this year to deal with that? Will he assure the House that a proper and careful review will be carried out in advance of the 2014 elections to make sure that the system works much better than it has done in the past in this respect in preparation for a higher turnout, presumably, in 2015?
Lord Wallace of Saltaire
My Lords, I am informed that, in practice, almost all electoral registration officers are already checking 100% of postal votes, although they are currently required by law to check only 20%.
Lord Hunt of Kings Heath (Lab)
My Lords, coming back to the point raised by my noble friend and the issue of potential impersonation at polling stations, does the Minister recognise that in some places, particularly Birmingham, there are instances in which large crowds of men gather outside schools and intimidate some voters to prevent their going into vote? Does the noble Lord agree that that is what attention should be focused on and that the police need to be advised that they should take action when it occurs?
Lord Wallace of Saltaire
My Lords, I do a lot of my politics in Bradford, as the noble Lord knows, and I am well aware of the differences between the local problems we have with the voting system. One of the reasons that the new regulations allow for police community support officers to be present in polling stations is precisely to deal with that sort of occasional outbreak of intimidation. There is, as we all know, a problem of registration fraud—ghost voters being put on the register—but, again, it is localised. As I am sure all noble Lords know, this is much more of a problem for local elections than for parliamentary elections.
Lord Glentoran (Con)
Is the noble Lord aware that personal identification is now in operation in Northern Ireland, has been for some time, and is, I believe, a success?
Lord Wallace of Saltaire
My Lords, I am well aware of that. Indeed, the Electoral Commission looked at the Northern Ireland scheme in particular and has estimated that if we were to extend it to Great Britain, with likely take-up, based on the Northern Ireland model, of 10%—mostly young voters—it would cost some £28 million.
The Lord Bishop of Wakefield
My Lords, following the question of the noble Lord, Lord Campbell-Savours, about areas of high risk, in our diocese of Wakefield the local authority of Kirklees has been pinpointed as just one such area for the sort of reasons that the noble Lord mentioned. The local authority is working hard with a number of agencies to ensure the probity of the next elections. Will the Minister say what sort of support will be given to councils to enable them to fulfil this important duty?
Lord Wallace of Saltaire
My Lords, I was discussing that exact question with the electoral registration officer of Kirklees the summer before last, including the authority’s co-operation with the police. We all know that there are pockets of problems within Kirklees. It is a matter for local co-operation with the police, who are well aware of this. We are also well aware that there is a certain tendency in some local elections for candidates to use allegations of electoral fraud against each other as part of the local campaign. That is one of the reasons why the police are occasionally a little sceptical about allegations being thrown around during the campaign.
Lord Forsyth of Drumlean (Con)
My Lords, is my noble friend aware that the Electoral Commission is responding to complaints from members of the public about the Scottish Government using taxpayers’ money for propaganda purposes, as part of the independence referendum campaign, by saying that it is not the commission’s responsibility? Does that not make a mockery of having election expenses and rules for expenditure in referendum campaigns? What is the head of the Civil Service going to do about this continuing abuse?
Lord Wallace of Saltaire
My Lords, I am well aware of this; indeed, the noble Lord has made sure that I am well aware of it. I am conscious that the Cabinet Office owes him a letter, which is in process, in reply to his previous Question.
Lord Campbell-Savours
My Lords, does the Minister accept that this whole debate is riddled with political correctness? For the great majority in the United Kingdom, there is no problem whatever of electoral fraud. Why are we wasting tens of millions of pounds?
Lord Wallace of Saltaire
I am not quite as confident that there is no problem of electoral fraud outside the South Asian Muslim community, which I think the noble Lord was getting close to saying. As a young Liberal, I listened to many people talking about quite considerable electoral fraud among the white population during elections held in the 1940s and 1950s. I am not entirely sure that it has completely disappeared today.
Social Mobility
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Lord Wallace of Saltaire (LD)
My Lords, this has been an invaluable debate. I was reading the debate that we had under the leadership of the noble Baroness, Lady Tyler, some six months ago, and I hope that we shall have another one in another six months’ time because there are some really serious issues that we all have to struggle with.
The noble Lord, Lord McFall, compared the British position to the American position. I recognise the comparison but I also recognise the differences. The American Administration are not attempting to push through a social mobility strategy as we are doing. Indeed, the inequalities in the United States, in economic and other terms, are much wider than they are in Britain. At least we have a consensus across all parties in Britain that we have to tackle what has been a long-term problem with a long-term response. The noble Lord mentioned the former Prime Minister John Major as well as Harold Macmillan; this issue has developed over the past 25 to 30 years and it will take 25 to 30 years to cope with it, against the headwinds of continuing economic and technological changes, both within Britain and abroad. After all, it is partly a result of global economic trends, with the collapse of the old mass-manufacturing industry that supported the skilled working class in stable working-class communities, with the institutions that held those communities together, such as the chapel, the trade union and the Workers’ Educational Association—a co-operative, heaven knows—which have also decayed with the decay of the economic structures that held them all together. I see the right reverend Prelate nodding. I can say from the point of view of West Yorkshire that the church has survived more successfully than many of the non-conformist churches in some of those areas, and I am very grateful for that.
Lord Giddens
The time when those organisations were dominant was a time when mobility was lower than it was later, for the reasons that I mentioned.
Lord Wallace of Saltaire
Yes, there was selective mobility, and that is part of the issue that we have. The noble Baroness, Lady Eaton, talked about her father and her grandmother. My parents-in-law were the youngest in a working class family and their eldest brothers and sisters paid for them to stay at school through Bradford grammar school and university. There was in those years very small-scale social mobility for a small minority of the bright poor who got out, so to speak.
Lord Wallace of Saltaire
Precisely. Britain’s situation also reflects the historic anomaly, of which I am very conscious as I have just come from a meeting of the advisory board on the centenary of World War I and have been reading into early 20th century history, that we have much more continuity of social structures over the past 150 years than many of our comparators. We still have the structure of private schools, which supported the Empire. We still have an unelected House of Lords. We still have a social hierarchy which is remarkably resistant to change, whereas in Germany, the Netherlands, Denmark, Belgium and, to some extent, also in France and Italy those old structures were swept away, which made it easier to have a more mobile and mutually respecting society.
The coalition Government’s social mobility agenda is something which we see as a cross-party, cross-government exercise, and it starts from the assumption that there has to be a partnership between economy, society and state—we have to get all those things in balance. I say to the noble Lord, Lord Giddens, that we shall be working on that against a number of very difficult global economic trends and against the challenge of the next round of economic and technological change, which may well sweep away a very large number of basic white-collar jobs, thus raising all sorts of issues about moving towards a society in which there are a number of extremely successful, very well paid people and, at the other end, a number of poorly paid, poorly skilled people. Dealing with that will take quite a lot of effort in our turn.
I should tell the noble Lord, Lord Giddens, that when I was an undergraduate, my most inspirational teacher was a graduate student called John Goldthorpe, so I have a great deal of respect for everything that John has written and continues to write. However, as the noble Lord knows well, perfect equality is not achievable; a reduction in the degree of inequality is. That is, after all, what a liberal society should attempt to work for. This Government are mounting an attack on tax avoidance. We face the problem of what I have to call the rootless rich, who have escaped the boundaries of nation states and thus managed extremely successfully to avoid tax. We need taxes on wealth, which is much less mobile than income. At the bottom, we have increased the threshold at which people start to pay income tax. There is the move towards universal credit and in encouraging more people into work. We are extremely happy that the level of youth unemployment is now on a downward trend, and we are doing as much as we can to ensure that that continues.
International economic trends help us. The Financial Times had an interesting article yesterday which suggested that there is now a downward trend in excessive executive salaries after the excesses of the past 20 years. We are affected by what is happening elsewhere, and we have to push very hard to provide for our own deeply interdependent society as much of a social compact in the global economy as we can. I worry about the impact on British society and the British economy of the influx of the super-wealthy from non-democratic states. That ought to be of concern, particularly to all those who live in London and the south-east of England.
We have now reached the stage where we all realise that the state cannot deal with a problem like that alone; the state cannot provide everything and our taxpayers are unwilling to pay for much more of what is needed. They want the services, but they are deeply resistant to higher taxation, so we have to talk about the role of independent social initiatives—what I still like to call the big society—the role of local communities and local action. Incidentally, we have to think about planning and building communities which hang together. Living in Saltaire, which is a very dense village where it is impossible not to know your neighbours, and having canvassed when I was the local candidate for Shipley in a number of the new housing estates where you do not know your neighbours, the husband has gone out in the only family car and the wife is marooned on her own, I am very conscious that the way in which we build communities in Britain also deserves a great deal more attention. We need more local government and local engagement and, as we have said about other areas, we need to persuade more of the young to vote and become engaged, because we know that all our political parties are pooled towards supporting the old and not putting enough money into the young.
On equality of education, the Government are now extending the pupil premium. In September 2014 we will extend 15 free hours of high-quality early education to 40% of two year-olds—not an easy task when at the same time the number of two year-olds is rising quite sharply. We inherited Teach First from our predecessor Labour Government and we have continued to expand it. The Teach First teachers that I have seen in various schools in West Yorkshire are absolutely first-class. We all know from what the All-Party Group on Social Mobility has said that raising the quality of teaching is a very important part of all this. Intergenerational equity, putting more money into children at the early stage, is very much part of what we need to do.
The noble Lord, Lord McFall, also mentioned the professions. I have to say that the figures on professions are deeply worrying, and I hope that whichever Government come in next time will look in particular at the question of recruitment into the legal profession as the one that sticks out most strongly as an inherited one.
Aspiration, character and resilience are clearly extremely important; I think that we have all now gripped that. Providing children with a sense of self-worth through school, careers guidance, music, sports, volunteering and mentoring is important. I am an extremely strong supporter of the National Citizen Service; I am about to ask the Cabinet Office whether it will be willing to provide an introduction to the NCS to any Member of the House of Lords who would like to see it, because I became enthusiastic when I had seen one or two courses myself. Through partnership with business, the Government now have a business compact. The Deputy Prime Minister has just given Opening Doors awards to a number of businesses that have been extremely good at pulling people into work. Apprenticeships are important, and I have to say that the apprentice that we had in the Government Whips’ Office was a classic example—a young woman who had been a hairdresser, and had not thought that she could be anything else, who blossomed in the six months that she was with us. All these things help to give young people a greater sense that they can do things. That is a very large agenda.
As the right reverend Prelate the Bishop of Derby said, we have to be careful to get beyond the idea that it is all about everyone getting to the top. The importance of the apprenticeship schemes, which I am extremely proud of this Government expanding, is that they are giving a number of young people a sense of self-worth in craft skills. That is a revival of an old mutuality of respect that we clearly need to do. Unfortunately, we cannot provide the independent business that also used to be part of the business of respect. I come from four different families and my great-grandparents were all small shopkeepers, so I am incredibly petty bourgeois. The mutuality of respect is part of what we all now need to rebuild.
We are out of time but we could have debated this for a great deal longer. I thank the noble Lord for raising this issue, and I repeat: I hope that we will continue to address this subject as a very broad long-term issue for this country over the years to come.
Electoral Registration
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Baroness Royall of Blaisdon
To ask Her Majesty’s Government what steps are being taken to increase the number of people who are registered to vote in the United Kingdom.
Lord Wallace of Saltaire (LD)
My Lords, the Government have announced today that £3.6 million of additional funding will be distributed equitably among electoral registration officers and local authorities, according to levels of underregistration, to help with the costs of local activities for maximising registration. A further £215,000 is being used to fund directly a number of national organisations, as announced yesterday, to develop approaches to maximising registration among particular target groups. The Government welcome all initiatives that promote democratic engagement, such as Bite the Ballot’s National Voter Registration Day today.
Baroness Royall of Blaisdon (Lab)
My Lords, I welcome that announcement from the Government and I pay tribute to Bite the Ballot for organising hundreds of events with the aim of registering today thousands of young people to vote. The Minister spoke warmly yesterday of citizenship lessons but warm words butter no parsnips. I strongly urge the Government not to encourage but to ensure that an inspiring citizenship curriculum is taught in every school, including academies and free schools, and that every school should facilitate everyone of or near voting age to register to vote. Will the Government also consider enclosing electoral registration forms with all their official communications with young people, for example those regarding national insurance numbers and driving licence applications?
Lord Wallace of Saltaire
My Lords, the last point is one that I will take back, as we are certainly considering how best to encourage all this. The new citizenship programme for study, which has now been agreed to be taught from September 2014, stipulates that pupils should be taught about parliamentary democracy and the actions that citizens should take in democratic and electoral processes to influence decisions locally, nationally and beyond.
Lord Maclennan of Rogart (LD)
My Lords, I welcome the announcement by my noble friend. However, can he say how that money is to be distributed a little more precisely than he did to tackle the problem, as identified by the Electoral Reform Society, that some 800,000 young people are not registered to vote who are otherwise entitled to do so? Is the money to be directed towards the local authorities, which have responsibility for ensuring that people are registered? Will he indicate how the Government will check up on the effectiveness of what they are doing?
Lord Wallace of Saltaire
My Lords, the money is being allocated among local authorities according to the results of the confirmation dry run, which showed that we are getting up to an 80% level of confirmation, and indeed sometimes up to 85%, from data matching. However, there are a number of local authorities, including Westminster and Kensington and Chelsea, where, because of the transient population, registration is much lower. Places such as those, where people move frequently, and others with a large number of students or private landlords will be granted large amounts of money to target those groups.
Lord Reid of Cardowan (Lab)
My Lords, will the Minister update us on the proposals to cross-reference the databank of the DWP with the electoral registration databank for the purposes of informing those who have not registered but are on the DWP databank, and to encourage them to register? What precedent does this cross-referencing of data from a government department set for information supplied by citizens to a government department for the exclusive use of that department and the purposes that it is meant to carry out?
Lord Wallace of Saltaire
That is a very good question on a very difficult and complex area. It raises questions of privacy as well as convenience. The DWP database has been used for data matching, but in one direction and with very careful procedures so that we were not transferring data, just checking their existence. There are a number of other local and national databases that have been used. It has been discovered, for example, that you can raise quite significantly your confidence that people are there if you use local databases, such as benefit boxes and council tax, as well as national databases.
Lord Rix (CB)
My Lords, what can the Government do to ensure that people with a learning disability receive voter registration forms in the easy-read format so that they can participate in the 2015 elections?
Lord Wallace of Saltaire
My Lords, one of the five organisations that I was able to announce yesterday that the Government are funding to deal with target groups and vulnerable groups is Mencap. We ask Mencap in particular to have regard to that.
Lord Lexden (Con)
Could my noble friend comment on the initiatives being undertaken by the Hansard Society in conjunction with the Cabinet Office—initiatives that could have a marked effect on the number of young people registered to vote?
Lord Wallace of Saltaire
My Lords, the Hansard Society is working with Homeless Link on a project that is very much targeted at young people who are moving very rapidly or who do not have a settled address, who of course are one of the most difficult groups to reach.
Lord Wills (Lab)
My Lords, as the Minister is well aware, the Government generally allocate funds to local authorities for the purposes of electoral registration through the local government finance settlement. As he is also aware, these funds are not ring-fenced. Will the Government say whether they know, rather than hope or think, how much of that funding is spent for the purposes of electoral registration?
Lord Wallace of Saltaire
As the noble Lord knows from our previous discussions on this on many occasions, the Government are not in favour of extending ring-fencing. Having met a number of electoral registration officers, I have great confidence that they can look after themselves and ensure that the money is not siphoned off to other sources.
The Lord Bishop of Wakefield
My Lords, noble Lords will know that churches and the ancillary buildings connected with them are often the places where hustings take place, and indeed are used as polling stations. This is a key way of engaging local people in the democratic process. With the recent passing of the transparency of lobbying Act, will the Minister reassure us that churches and such places will continue to be used and will not be affected by the passing of that Act?
Lord Wallace of Saltaire
My Lords, I cannot see any way in which the use of churches as polling stations, and indeed the role of the clergy in encouraging people to do their community and civic duty, will be adversely affected. I very much hope that the church will continue to encourage all those who are part of its community to take a full part in civic, social and political life.
Electoral Registration: National Voter Registration Day
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Lord Roberts of Llandudno
To ask Her Majesty’s Government what steps they are taking to support National Voter Registration Day on Wednesday 5 February, which seeks to encourage new, especially young, people to register to vote.
Lord Wallace of Saltaire (LD)
My Lords, the Government are committed to doing all they can to maximise registration, including among young people. The innovation project, which the Cabinet Office announced today that it will support, reinforces the aim of National Voter Registration Day. For example, the funding awarded to the Scottish Youth Parliament will help it to develop peer education training and outreach programmes to increase democratic engagement and registering to vote. The Government also fund UK Youth, which will help to develop online tools for engaging young people in the democratic process, including registering to vote.
Lord Roberts of Llandudno (LD)
I thank the Minister for his Answer. I am sure that he will acknowledge, as I do, the dedication and the sometimes sacrificial commitment of a handful of youngsters, who are so concerned that only one in four young people votes in this country that they are having a National Voter Registration Day tomorrow, to try to encourage thousands more—hundreds of thousands, if possible—to register and become part of the democratic process here in the UK. Will the Minister consider evaluating whether what happens tomorrow, on the national registration day, could become an annual fixed event with full-scale government support?
Lord Wallace of Saltaire
My Lords, National Voter Registration Day is an independent initiative to which the Government give their full support, but it is not a governmental initiative. We are all aware, as we move towards individual elector registration and deal with the problems of underregistration, particularly among young people, that the Government cannot do it all on their own and do not have all the answers, so we enormously welcome the engagement of as many voluntary groups of this sort as possible.
Lord Wills (Lab)
My Lords, the Minister will be aware of the success of the schools programme in Northern Ireland in increasing the numbers of young people who are registered to vote. Will the Government consider introducing that programme more widely?
Lord Wallace of Saltaire
My Lords, the noble Lord will be aware that Bite the Ballot has developed a schools programme, Rock Enrol!, which is now also on the gov.uk website. We are encouraging schools to play that with 16 and 17 year-olds. We are also encouraging schools to continue the citizenship education programme; there will be a new element of that for the national curriculum this September. We are all conscious that PSHE has never been quite as good as we all wanted it to be. However, it is there and we very much hope that schools will be taking this further.
Lord Elton (Con)
My Lords, the Minister has just announced that there will be a substantial grant for this purpose through the Government of Scotland. How will he ensure that it is expended in a politically neutral way?
Lord Wallace of Saltaire
My Lords, once you support other bodies you can never be entirely sure that they will do exactly what it was that you wanted. There are five organisations for which the Government have today announced funding. In addition to those two which I have mentioned the Hansard Society, in partnership with Homeless Link, Gingerbread, which works with young people, single parents and social housing tenants, and Mencap, which works with people with learning disabilities, have also received grants.
The Lord Bishop of St Albans
My Lords, the Church of England is involved in the education of more than 1 million young people and we want to play our part in supporting this. Will Her Majesty’s Government talk with the department to see if, in future, they will write not only to schools but to the 43 statutory diocesan boards of education, many of which employ full-time schools workers, and to dioceses? My diocese has an average of 30 to 40 full-time paid youth workers and many volunteer ones. We would be delighted to use our communication resources to support this sort of initiative.
Lord Wallace of Saltaire
My Lords, the Government recognise that they alone cannot do everything in this regard. We welcome conversations with all other organisations. I wondered whether the right reverend Prelate was going to promise that the Church of England would give sermons on the subject. Once, when I was a parliamentary candidate, I was taken by a young woman called Liz Barker—the noble Baroness, Lady Barker, as she is now—to the Methodist church in which her father had been a minister. The sermon came as close as possible to suggesting that the congregation might like to vote for me.
Lord Howarth of Newport (Lab)
My Lords, the Prince’s Trust reported recently that more than three-quarters of a million young people in this country believe they have nothing to live for. How will the Minister seek to motivate those young people to engage with the formal processes of our democracy?
Lord Wallace of Saltaire
My Lords, that is a huge question which engages—or should engage—all of us in political parties and beyond. We recognise that alienation, of the younger generation in particular, from conventional politics is a problem which has developed over the last 25 years or more and it will take 25 years or more to reverse that trend. It will take a whole host of initiatives including, I suggest, some changes in our constitutional arrangements.
Lord Phillips of Sudbury (LD)
My Lords, in light of the regime coming into effect in September, what will my noble friend the Minister do vis-à-vis free schools and academies, which do not have to teach citizenship at all? What will the Government do about the decline in teacher training in citizenship and the take-up of citizenship exams, given that this flies in the face of the ambitions of all of us that young people should vote?
Lord Wallace of Saltaire
My Lords, we are very conscious of the problems of teaching citizenship in schools. According to the School Workforce Census, in January 2012 there were nearly 9,000 citizenship teachers in publicly funded schools in England and Wales. I am going to duck the question of how far the national curriculum should be extended to free schools and academies.
Lord Patel of Bradford (Lab)
My Lords, I welcome what the Minister said about grants to Mencap and Gingerbread because they target specific groups. However, what are the Government doing to target young people from ethnic minorities throughout the country?
Lord Wallace of Saltaire
My Lords, the noble Lord will know of Operation Black Vote, which has targeted people in that area. The statistics suggest that members of ethnic minorities are not as underregistered as some other target groups. However, young people of all groups are a problem and we all need to do as much as we can, locally and nationally, to cope with that.
Lord Geddes (Con)
Is my noble friend aware of the valuable work done by the Lord Speaker’s outreach programme in this context? I declare an interest as a member of that programme.
Lord Wallace of Saltaire
My Lords, I am well aware of that, and when I step down from this post I think that I might volunteer. I am not quite sure how people in our age group enthuse 16 year-olds to take part in the political process, but that is something that we will all have to deal with.
West Lothian Question
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Baroness Miller of Hendon
To ask Her Majesty’s Government whether they intend to take steps to resolve the West Lothian Question in the light of the impending grant of further taxation powers to the National Assembly for Wales and the forthcoming Scottish referendum.
Lord Wallace of Saltaire (LD)
My Lords, the coalition’s programme for government included a commitment to establish a commission to consider the West Lothian question. In January 2012 the Government set up the commission on the consequences of further devolution for the House of Commons. This commission reported last spring and Ministers are currently giving the report the serious consideration that it deserves.
Baroness Miller of Hendon (Con)
I thank the Minister for his reply, but surely the SNP cannot be allowed to make a bet that it cannot lose if it fails to win the referendum. Why should Scottish MPs continue to have the right to vote on exclusively English affairs?
Lord Wallace of Saltaire
My Lords, this is not a new question. Some Members will remember Tam Dalyell very well. I do not think that there are many Members still in this Chamber who will remember the debates in the 1886 home rule Bill on whether Irish MPs should still have full rights once home rule had been granted for Ireland. This is a question that is not only to do with Scotland; Northern Ireland and Wales also come into it. The imbalance between the size of England and the other nations is important, but there is little support in England for the idea of a separate English Parliament.
Lord Wigley (PC)
My Lords, does the Minister accept that whatever the outcome of the referendum in Scotland, there is a pressing need for a more coherent, balanced and transparent settlement that is fair to England as well as the devolved nations? In the context of the report to which he referred, will he give a commitment that the Government will move forward rapidly, once the outcome of the Scottish referendum is known, to get changes made to resolve these difficulties?
Lord Wallace of Saltaire
My Lords, the noble Lord has not asked me about the Silk commission but he will be aware that we are still discussing the extent of devolution with the Welsh Government. He will also be aware that England is at the moment a highly centralised state. The Government are happily discussing with a number of cities devolution to major city areas within England. I remind the House that the population of the local authority area of Birmingham is slightly larger than the population of Northern Ireland, so this is an important question for England as well.
Lord Hughes of Woodside (Lab)
My Lords, I declare an interest as one who took part in these debates. It is 20 or so years ago since the question arose; is it not surprising that we have no new answers?
Lord Wallace of Saltaire
My Lords, some dilemmas never go away. We have an asymmetrical system of devolution in this country and we have to make it work. As someone who has spent most of his political career in the north of England, I have doubts about the imbalance of advantage within England itself, but that is another issue which we will debate another time.
Lord Cormack (Con)
My Lords, I do not have the advantage of my noble friend in remembering personally what happened in 1886, but I keep in close touch with Mr Tam Dalyell. I suggest that it would be very wise to take advice from Mr Dalyell on this issue. He still has the same vigorous intellect we all remember fondly and I am sure that he could bring some wise counsel to bear.
Lord Wallace of Saltaire
My Lords, I am sure that we all wish to send him our best wishes.
Lord Foulkes of Cumnock (Lab)
My Lords, I am very happy to pass on those best wishes to my good friend Tam Dalyell. However, is not the West Lothian question a misnomer? Should it not be called the English democratic deficit? Surely the way to deal with it is not to tinker with procedures in the House of Commons but to look at ways to resolve the democratic deficit within England, have more devolution within England and move towards some kind of federal, or quasi-federal, Britain?
Lord Wallace of Saltaire
My Lords, I think that I took part in my first debate on the question of an English Parliament at a conference in Edinburgh in 1968. It is not a new question for any of us here. The problem is that while you can begin to carve up parts of northern England into recognisable regions, once you get down to the south-west and the south-east there is not easy agreement within England about the sort of devolution you would have.
Lord Elystan-Morgan (CB)
My Lords, while it is undoubtedly the case that the West Lothian question in its many guises deserves consideration, does the Minister not agree that many other constitutional conundrums cry out for resolution? In particular, under the Barnett formula, the Welsh people are unjustly deprived of about £300 million per annum. Looking at it in the wider context, is there not an overwhelming case for setting up a royal commission to look comprehensively into the relationship of this House to the Commons and the Commons to this House, and of Westminster to the devolved Parliaments of Scotland, Wales and Northern Ireland?
Lord Wallace of Saltaire
My Lords, the noble Lord may be aware that the Political and Constitutional Reform Committee of the House of Commons has, indeed, recommended the idea of a constitutional convention in a recent report. As someone who used to study the British constitution, I have to say that, on the whole, we have preferred to patch it, make do and then put a bit more in rather than attempt a complete redesign.
Lord Purvis of Tweed (LD)
My Lords, does my noble friend agree that one of the very positive aspects of devolving further taxation and fiscal power to the National Assembly for Wales and the Scottish Parliament is greater fiscal accountability for those institutions? As a former Member of the Scottish Parliament, I agree with that entirely. Does my noble friend agree that the best answer to the old question of the West Lothian question is to address the issue that it is actually a Westminster question, and that the answer to the old question is perhaps the old solution of British federalism?
Lord Wallace of Saltaire
My Lords, that was exactly the question I was debating with Russell Johnston in Edinburgh in 1968. There is more appetite for fiscal devolution in England, which means restoring to the cities and local authorities a great deal more autonomy in collecting and spending money themselves.
Standards in Public Life
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Lord Wallace of Saltaire (LD)
My Lords, this has been an excellent debate and we could have spent a great deal longer on it.
I am struck by the level of public alienation from conventional politics, which we find most of all among the young. I find it deeply frustrating that we are in this situation, partly because I spent some time as a member of the Government’s World War One advisory board, reading political literature on the first 15 years of the previous century. I reflect that we have a much less corrupt political system than we had then. Standards of personal morality among our politicians are far higher than they were then, but respect and deference have gone down.
There are many reasons for that. We are in the middle of a media war with politicians. The Leveson inquiry has not settled things down into a new relationship yet. A major trial is under way that will impact on our perceptions of the media, as well as the relationship between the media and politicians. We have some real problems to face. When I read in the report where politicians stood, I was cheerfully reminded of a conversation at a party in Saltaire the winter before last. A friend of one of my wife’s cousins asked me what I did. I said that I didn’t think that she wanted to know. She said, “You’re not a banker, are you?”. I thought: good, there are people who rank below politicians in public respect.
However, we know that there is a crisis in our institutions and in confidence in our elites—not just our political elite. The standing of the police will no doubt be much lower in the next survey than it was in the latest one. This is a general problem for all of us; it is a problem of trust. The question of how we re-establish trust in our institutions is enormous. There is also a sense that people have lost local community. They have lost the church as part of local community and that gives them a sense of loss of control. They have lost local democracy. I am struck in our big cities, such as Bradford, Leeds and Birmingham, that there are wards of 12,000 to 15,000 people where you cannot have a sense of contact between elected politician and the community that he or she serves.
Globalisation—the extent to which multinational companies come and go, and a sense that international organisations, be they the European Union for us or the United Nations for Americans, are somehow interfering in our lives—gives a sense of popular alienation. The question of how we deal with this ought to be one of our major shared concerns. It cannot be dealt with by the Government or political parties alone; it has to be dealt with by all of us, including the media, judges, the police and others.
I liked the suggestion of the noble Lord, Lord Bew, that Dutch MPs see public education as part of their role. That is something we all ought to think about in more detail. I also liked his remark about the gladiatorial style of our party politics being a major part of the public’s switch-off. Lots of other politicians watch Prime Minister’s Questions because they think it is fun but not very constructive. The way that we approach political and constitutional reform is pretty awful. We ought to bear in mind that, unless we see the process of political and constitutional reform as a way of regaining the trust of the public, we are wasting our time.
The noble Lord, Lord Patten, asked about the House of Lords and how that fits in. I am not sure how people see the House of Lords—I think through a glass darkly on the whole. Yes, we are too large; so is the House of Commons, but that is partly because the Government are too large. We are the largest collection of government appointees of any advanced industrial democracy, and perhaps that is something else that we need to contemplate. However, I say to the noble Lord, Lord Patten, that the Private Member’s Bill—the Steel Bill mark 5, or whatever it now is—which is now called the Byles Bill, will begin to correct the problem of lawbreakers subsequently returning to the Lords.
The noble Baroness, Lady Donaghy, asked the Government to review the decision to end this survey and I will take that comment back. I, too, read the Hansard Society survey on attitudes to those in public life. Part of the reason for deciding to end the survey of the Committee on Standards in Public Life was that a number of other similar surveys reach the same worrying conclusions, and the Hansard Society survey is clearly very much part of that.
The noble Lord, Lord Martin, talked of the importance of politicians being seen as serving their communities. One of the things that we have to combat is the sense that everyone, whatever they do, is doing it for their own benefit. That is part of the attitude that has grown up in the past 20 years. Economists bear a certain amount of responsibility for that with the growth of public choice economics, which argues that everyone is self-interested and no one has any altruistic feelings, as do the spread of libertarianism across the Atlantic and the disciples of Ayn Rand, who forget that the concept of public service—contributing to the life of the community—does motivate people. We need to reward those who are motivated by that. That is very much part of what we need to reintroduce in our public life because the cynicism of those who say, “You’re all in it for what you can get out of it”, is part of what has eroded popular respect for all our elite institutions.
My noble friend Lord Tyler talked about the power of money in politics as being part of that erosion. The power of money has always been there; it was just that previously it was disguised by deference. The extent to which we had mass political parties meant that they could claim to be funded by a very large number of people. I was rather shaken when I discovered, about two years ago, that in the previous year there had been more individual donors to the Liberal Democrats than there had been individual small donors to the Labour Party. The Labour Party had retreated to a position where it depended very heavily on union donations. That is a problem for all of us, and is one we all share. Why has our membership shrunk? Why have political parties ceased to be able to persuade people to share in contributing to political life at all levels, which is what we attempt to do?
The noble Lord, Lord Hennessy, talked about the need to reconsider the language of politics. That is very much a problem for all our public educators, journalists and others. The war between the BBC and the written media is part of the problem that we currently face, as the noble Lord well knows. There is the sense that the BBC is trying to address public service broadcasting and is being attacked; that it is an inherently left-wing concept for the Daily Mail and the Telegraph is part of what has gone wrong. How we gain that sense of a shared discussion about limited issues is very much a part of what we have to do.
I suggest that part of it is that politicians have to explain to people the limits of what is possible. I come from a party that, much against my efforts within the party’s policy committee, attempted to persuade people that we could somehow abolish tuition fees. We could not; we needed to spend the money on early years and education. It was a mistake. Politicians in some parties are now trying to persuade people that we can tell the world that we want to get off and go back to national sovereignty. We cannot. There are things that people want that politicians cannot provide. We cannot put up pensions, provide everything free on the National Health Service and cut taxes at the same time. Anyone who suggests that that is possible is misleading the public dreadfully.
The importance of expanding citizenship education is an issue on which the noble Lords, Lord Norton, my noble friend Lord Phillips and others touched. Yes, it is vital. No, we have failed to do that, as have successive Governments over the past 20 to 30 years, and more. It is something that other institutions, such as the churches and local politics before local government was cut so badly, used to provide. We have to find a way of doing that and I thoroughly support the work of the Citizenship Foundation and my noble friend Lord Phillips in promoting it.
We all feel that good men and women are needed to hold political life and democracy together. We also recognise that to some extent the professionalisation of politics has undermined that. We have a problem with political recruitment and getting people into politics who will want to serve. In many ways it is sad that David Cameron’s efforts to bring a number of people from outside politics into the Commons through his A list has not been more successful. He was trying to find people from outside political life who would contribute to politics. We need a broad common effort by all political elites to rebuild public trust. That has to come from parties, Parliament the media and others—heaven knows, business and bankers. Until bankers begin to make their own proper efforts to reconstruct the trust of the common public in the financial system, there is a limit to what we can do to rebuild public trust as well. Most of all, we need to explain to and educate our public about what is possible and what is not, and to accept that we are not just politicians but, as the noble Lord, Lord Bew, said, we have to be public educators.
Electoral Registration and Administration Act 2013 (Commencement No. 4 and Consequential Provision) Order 2013
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Lord Wallace of Saltaire
That the Grand Committee do consider the Electoral Registration and Administration Act 2013 (Commencement No. 4 and Consequential Provision) Order 2013.
Relevant document: 13th Report from the Joint Committee on Statutory Instruments
Lord Wallace of Saltaire (LD)
My Lords, as noble Lords will know, there are a great many consequential orders in introducing individual electoral registration, and in changing some of our voting regulations and arrangements. There was a time when I knew almost nothing about this area; I am learning more and more.
There are three instruments for debate today. The Electoral Registration and Administration Act 2013 (Commencement No. 4 and Consequential Provision) Order 2013, brings into force, for parliamentary elections, provisions in the Electoral Registration and Administration Act 2013 concerning the ability of voters to cast a vote at close of poll. The two sets of regulations—the Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2014 and the Neighbourhood Planning (Referendums) (Amendment) Regulations 2014—update the rules for the conduct and administration of local mayoral elections in England and Wales and neighbourhood planning referendums in England. They do so by applying or copying provisions, including those on close of poll, in the Electoral Registration and Administration Act 2013 and associated secondary legislation, which made a number of changes to the rules for UK parliamentary elections.
In the main, the changes in all three of these instruments are intended to come into effect for polls held on or after 22 May 2014, which is the date of the European parliamentary elections and scheduled local elections in parts of England. The changes are designed to improve the accessibility and security of the voting process and to implement a number of recommendations which have been made by, amongst others, the Electoral Commission and the Association of Electoral Administrators. The regulations concerning neighbourhood planning referendums contain an additional provision on calculating the campaign expenditure limit for campaigners at a neighbourhood planning referendum. We intend that this should come into force on the day after the regulations are made. I will set out this change in more detail shortly. The instruments are part of a comprehensive package of statutory instruments which make various changes to the rules for conducting elections and referendums in the UK. The Government have consulted on the changes with the Electoral Commission and with others such as the Association of Electoral Administrators.
The close of poll order—the first order being considered today—brings into force Section 19 of the Electoral Registration and Administration Act 2013. That section provides for voters queuing at a polling station at close of poll to be issued with ballot papers and to vote, despite the time of close of poll having passed. This provision addresses the concern expressed during the passage through Parliament of the ERA Act about the need for a mechanism to deal with any queues which could, in some circumstances, form at polling stations at close of poll, given the isolated but highly publicised instances of queues at polling stations at the 2010 general election. Counting officers and returning officers will of course still be expected to carry out planning for polls, to the same high standards as now, to ensure that there are sufficient polling stations and adequate staffing levels to manage the volumes of electors likely to vote in person and to avoid such queues forming wherever possible. The order also makes provision for persons queuing at a polling station at close of poll in order to return a postal ballot paper or postal voting statement to return it despite the time of the close of poll having passed. This provision has effect in England, Wales and Scotland only.
I turn now to the provisions in the neighbourhood planning referendum regulations and the mayoral elections regulations. I will first discuss the measures that are specific to the neighbourhood planning referendum regulations before turning to the key measures that are common to both these regulations and to the local mayoral elections regulations. The neighbourhood planning referendum regulations change the basis on which the campaign expenditure limit is calculated at these referendums. The limit is currently calculated by reference to the number of electors on the register published after the annual canvass in the year preceding the referendum. However, under the transition to individual electoral registration, a post-canvass register was not produced in 2013. We are therefore providing that in future the limit will be calculated by reference to the register as it exists at the beginning of the referendum period. This period begins at least 28 working days before a residential poll and at least 56 working days before a business and a residential poll that happen together. We intend that this provision would take effect on the day after the regulations are made and affect any referendum where the referendum period begins on or after that date.
I turn to the measures that are common to both the neighbourhood planning referendum regulations and the local mayoral elections regulations. Where any variations exist, I will point these out. Provisions on these matters were included in amendments previously made to the European parliamentary election regulations and debated by Parliament, in order to apply the provisions to the European parliamentary elections this May. Both sets of regulations update the forms used by voters, such as poll cards and postal voting statements, that are intended to make the voting process more accessible. The changes continue the work carried out to modernise the appearance of forms used by voters at newly created polls, such as the police and crime commissioner elections and the 2011 referendum on the parliamentary voting system. The revised material has been produced following a programme of public user testing and consultation with the Electoral Commission, the Association of Electoral Administrators, Scope, SOLACE and territorial offices and following discussion with electoral services suppliers. The regulations also provide for police community support officers to enter polling stations and counting venues under the same conditions as police constables. This will allow police forces additional flexibility in deploying their resources on polling day, and will allow them to provide a greater visible reassurance to the public.
The regulations additionally make the same provisions as those to which the close of poll order relates—that is, they provide that voters waiting in a queue at the close of poll, at 10 pm on polling day, for the purpose of voting may be issued with ballot papers to enable them to vote or may return postal voting statements or postal ballot papers despite the close of poll. Members of the Committee may wish to note that relevant provisions in the Representation of the People (England and Wales) Regulations 2001 apply to mayoral elections and residential neighbourhood planning regulations, so amendments recently made to those regulations will also apply to these polls. These recent amendments include: a requirement for 100% of postal votes indicators to be checked, rather than the current minimum of 20%; the extension of emergency proxy provisions to those absent on grounds of business or military service; and the removal of the restriction on postal votes being despatched earlier than the 11th working day before the day of the poll. Where relevant and appropriate, the neighbourhood planning referendums regulations make similar changes for the purpose of business referendums.
Overall, these provisions make sensible and relevant changes for the conduct and administration of mayoral elections and neighbourhood planning referendums, in line with those that have been made already for UK parliamentary elections. They are designed to increase voter participation, further improve the integrity of our electoral system and ensure that the processes underpinning our elections are both more robust and more relevant to the needs of voters. I commend these instruments to the Committee.
Lord Kennedy of Southwark
My Lords, I shall deal with each of these regulations in turn. I intend to be fairly brief. The Electoral Registration and Administration Act 2013 (Commencement No. 4 and Consequential Provision) Order 2013 is welcome. It seeks to deal with the, frankly, appalling situation of voters turning up at polling stations and being denied a ballot paper. None of us will forget the scenes at the most recent general election of angry voters being denied their right to vote. That was wrong and reflected badly on us as a nation and as a mature democracy.
I note that the Electoral Commission has raised some concerns. As a former member of the Electoral Commission, though, I say that the Government are absolutely right on this. The concerns are slim and are a near impossible eventuality. It will, however, be important to get the guidance right across the piece. Unfortunately, when you are dealing with hundreds of returning officers, thousands of electoral staff and thousands of presiding officers on polling day, there is a risk of someone getting the application of the regulations wrong. I very much hope that the commission and the Government will seek the expertise to be found at the AEA, SOLACE and the political parties on getting the guidance right. It needs to be crisp, clear, straightforward and useful to implementing these regulations.
We also have to ensure that police officers or PCSOs are available as we get to the close of poll. I do not want to see disputes outside polling stations about who arrived at what time and who did not arrive on time. I am aware that we have already passed a previous SI in respect of the European elections, and these SIs refer to the UK parliamentary and local mayoral polls as well as neighbourhood planning referendums. Can the noble Lord confirm that we will pass SIs in respect of local authority and parish council elections in time for this year’s local election on 22 May? Can he also tell the Grand Committee when the SIs will be laid for the local mayoral referendums, council tax referendums and PCC elections?
It is important that all these rules that relate to elections are kept under review. I was first involved in fighting elections 35 years ago—which I am sure noble Lords will find it hard to believe—and the changes that I have seen in that time have been enormous. The Government have a duty to ensure that the law keeps pace with the changes we see all around us. I have responded to a number of these statutory instruments in this House, during my time as a member of the Electoral Commission and as an official of the Labour Party for over 20 years. If there was ever an area of the law that needed consolidating and bringing together under one Act of Parliament, it surely must be the law in respect of elections and electoral registration. There are so many different aspects of the law in force in numerous Acts of Parliament, going back to who knows when, frankly, that it is confusing for everyone involved, in particular for members of the public, let alone practitioners.
I noticed in the amendment regulations that there are no numbers for the people standing in mayoral elections. I understand that that has been in force for some time—it is not new—but it had completely passed me by. Can the noble Lord tell the Grand Committee how taking away the numbers from the candidates helps people understand which candidate they are voting for? Normally you would vote for Gardiner number 1, Kennedy number 2, or Wallace number 3, but you now cannot do that because the numbers are not there. I hope that that will not be a trend in further SIs for other elections, particularly in local elections and where there are multiple candidates, as it would cause complete confusion.
I also note that the noble Lord made no mention of political parties. In parties, you have to have practitioners to understand elections—that is how processes work. The Government should consult all parties on these issues, not just leave it to the Electoral Commission, the AEA and SOLACE, great bodies though they are. There are also important views to be had from practitioners on the other side of the fence. I hope that the noble Lord can respond to those points in his reply.
Lord Wallace of Saltaire
I thank the noble Lord for those helpful comments. As he was talking about his long experience in local elections, I calculated that my first election campaign was a mere 52 years ago. I say that with particular enthusiasm because, when I said during Questions this afternoon that I recalled debating the question of an English Parliament in 1968, the noble Baroness, Lady Warsi, was kind enough to turn to me and say, “You couldn’t have been old enough”. However, I was. The second election campaign I took part in was the Orpington by-election, which returned Eric Lubbock, now the noble Lord, Lord Avebury, to the British Parliament, which was a short while ago. So we have all struggled with election regulations and their proper consideration for some time.
I can recall as a young man talking to someone who had stood in a by-election during the Second World War, who told me just how many regulations had not been observed under those conditions and the efforts which some locals took to ensure that some votes were not counted. Nowadays we have some highly effective and dedicated EROs and others at local level with whom we have to co-operate in close partnership. The noble Lord is quite correct to say that perfection is not possible in every single polling station throughout Great Britain, but efforts are taken to make sure that, as far as is humanly possible, the same regulations are obeyed in the same way throughout the country.
Lord Kennedy of Southwark
The Minister may be correct about the effect of removing the numbers from the mayoral election ballot papers, but one of the big problems that such ballot papers cause is that many people go to vote and put a cross or mark by the second column and not the first, and are then disqualified. A huge number of people do that. It may make the ballot papers clearer to remove the numbers—I am not sure by how much—but the amount of votes discarded is a real problem. Can the Minister confirm that there is no intention to remove the numbers from ballot papers for local elections? As he will know, in the local elections in May, particularly in London but also elsewhere, there will be a number of candidates.
Lord Wallace of Saltaire
On that, I must write to the noble Lord. I am conscious that some extensive research has been done on the best design of all the papers used. What is coming back to us is information on what is felt to be most friendly and easy to understand for the local voter.
I can now tell the noble Lord, through the miraculous device of having officials behind me, that the Government recognise the concerns that have been raised by parties and electoral administrators about the proposal to remove numbers on ballot papers at local and parish elections and the impact that it would have in contests in multimember wards where the voter is electing more than one candidate. We will carefully consider the concerns that have been raised before we finalise the form of the ballot paper at these elections. I therefore look forward to further conversations off and on the Floor with the noble Lord and others on this question.
Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2014
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Lord Wallace of Saltaire
That the Grand Committee do consider the Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2014.
Relevant document: 17th Report from the Joint Committee on Statutory Instruments.