Parliamentary Voting System and Constituencies Bill

Lord Wallace of Tankerness Excerpts

Wednesday 9th February 2011 Lords Chamber

[Lord Bach]

I am very grateful to the noble Lord, as always—and the Electoral Commission must be even more grateful than I. These are sensible amendments that one would have thought the commission would have supported, given all that it said about the scandalous issues that arose in Sheffield and a few other places during the last election. It is remarkable that it seems to have changed its mind.

I will put that to one side. The Government will make up their mind about whether to do something about the scandal in May last year. My question to the noble and learned Lord is: what do the Government intend to do to make sure that this does not happen again in May this year?

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

I thank the noble Lord, Lord Lipsey, for returning to this important issue in his amendment. Many of us who watched the election night coverage of the scenes at certain polling stations where people who had been queuing were not given the opportunity to vote found that it offended our sense of justice as democrats. The Government certainly take it seriously. The Electoral Commission's report found that queues built up at a number of polling stations on 6 May for various reasons. It identified 27 polling stations across the country. In most cases, it found that the common factor was inadequate planning processes and contingency arrangements that were not in place.

I assure the House that the Government are considering the Electoral Commission's report. We will consider what steps are necessary to prevent a repeat of the problems. It is important that we make sure that any changes to the rules are workable and will benefit the public. The noble Lord, Lord Lipsey, referred to the briefing from the commission to Members of your Lordships' House in which it indicates that a change to the rules on the close of polls would be significant; that details of any changes would need careful consideration to ensure that they could be consistently applied and would not have any unintended consequences; that the amendment could lead to inconsistent practice; and that there has not been sufficient time to consider the implications of how the provisions of amendment might work in practice.

We previously assured the House, in a reasonably long debate on this issue in Committee, that the Bill already gives the chief counting officer the necessary powers and discretion to ensure that the referendum runs smoothly. She will have sufficient flexibility to decide what is right in particular circumstances, including the steps that have already been taken by the Electoral Commission to ensure that some of the problems that occurred on 6 May are not repeated. This will include all counting officers having effective planning processes and contingency plans. We advised the Committee that the Electoral Commission had indicated that the chief counting officer intends to issue directions to counting officers on the maximum number of electors who will be allocated to any polling station, and the associated minimum number of staff who must be present at each polling station to ensure that polling runs smoothly and that all electors who wish to vote are able to. The Government take this seriously and are considering the Electoral Commission's report.

[The Archbishop of York]

The amendment simply refers to taking measures to ensure that all those wishing to vote and arriving at a polling station within the appointed hours are able to do so. What could be the unintended consequences of that?

[Lord Wallace of Tankerness]

The Electoral Commission and the chief counting officer ultimately have responsibility for the smooth running of the election. Certainly—this may well be because we are running relatively close to polling day—they have taken the view that making such a significant change could have unintended consequences. In their judgment, it could lead to some inconsistencies in different parts of the country, and it would be regrettable if, in trying to address one very serious problem, we opened up some other unintended and unforeseen problems. I do not think we would be thanked for that, and therefore I urge the noble Lord to withdraw his amendment.

--- Later in debate ---

[Lord Falconer of Thoroton]

My Lords, the manuscript amendment moved by the noble Lord, Lord Phillips of Sudbury, comes under the part of the schedule headed “Encouraging participation”. As I understand it, he wishes to place on the chief counting officer responsibility for co-ordinating the activities of a regional counting officer, a counting officer and a registration officer in performing their duties under paragraph 10 to encourage participation. It is very hard to see how anyone could object to that. I do not know whether there are any technical objections to the terms of the noble Lord’s manuscript amendment, but it seems a sensible measure, because there is no one in the House who does not want to encourage participation.

If there are technical problems with the manuscript amendment, I imagine that they could be tidied up at Third Reading on Monday. On the basis on which it has been advanced by the noble Lord, Lord Phillips of Sudbury, we support the principle of the amendment, subject to any difficulties that we have not foreseen to which the Minister may draw our attention.

[Lord Wallace of Tankerness]

My Lords, I thank my noble friend Lord Phillips of Sudbury for tabling the amendment. He gave a history of the debate in Committee. We agreed when he withdrew his amendment in Committee that we would have further discussions. I am pleased that we have been able to have those discussions. In Committee, the Government indicated that we were not persuaded that such an amendment was necessary. My noble friend and I have agreed that there was merit on both sides. Our meeting has added clarity. It has put the issue of co-operation right up front. The noble and learned Lord, Lord Falconer of Thoroton, has emphasised the importance of co-operation, with which we all agree, in trying to ensure encouragement of participation in the referendum, usbregardless of which side of the campaign one might be on.

It is a manuscript amendment. If my noble friend is willing to give us the opportunity to reflect on its wording, I very much hope to be able to come back to him with a definitive response during Third Reading. Perhaps he would be prepared to withdraw his amendment at this stage on that basis.

[Lord Phillips of Sudbury]

I am grateful to my noble and learned friend. I assume that there was a clear implication in that—

--- Later in debate ---

[Lord Falconer of Thoroton]

I apologise to the noble Lord, Lord Phillips, for making two loud noises from a sedentary position, but his point was precisely that which was going through my mind about the noble and learned Lord’s response. It was not clear from what he said whether he would come back with something or whether he was just considering something. The response of the noble Lord, Lord Phillips, is exactly the response that I would have given.

[Lord Wallace of Tankerness]

If it helps, I very much hope to be able to come back with a very positive response to my noble friend. I just wanted to check.

Amendment 34ZA withdrawn.