Fixed-term Parliaments Bill
Lord Harper Excerpts(15 years, 6 months ago)
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Stephen Pound
My hon. Friend, not for the first time and almost certainly not for the last, makes a very powerful and pertinent point. If the Bill proceeds tonight without the benefit of the amendments that we are discussing, it will be not just the political cycle that is locked into a four or five-year time frame, but the economic cycle and so many other aspects of life. They will then be locked into a fixed term. That fixed term will apply not just to Parliament, but to the country, and that is dangerous. It is dangerous if we always assume that, no matter what a Government do, they can get away with it, because there will be no election for three, four or, heaven forbid, five years.
That is the danger, and that is when the markets start to build in an assumption of front-loading and when other countries assume that, although there may or may not be a change of Government in the future, there will not be one at that moment in time. That is when offence is given to all parts of this nation with different traditions, different histories and different days of great and signal importance. There are so many fears, so many concerns, so many worries, and the case made for the group of amendments is so powerful and so much a matter of righteousness that it would be otiose of me to continue to press it any longer.
I sit down, Miss Begg, with apologies if I may on occasion have strayed slightly from the purity of the amendments before us, but I hope profoundly that this House will tonight agree that the people matter more than political fixes, and that somehow this is about the constitution, not about the coalition.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
It is a great pleasure to speak with you, Miss Begg, in the Chair.
A number of Members said that they thought that the Government would be running out of steam, but it is a very clear sign that the Opposition are running out of steam when they have to wheel members of the Whips Office in to argue a case—a case, actually, against their own Front Benchers. Their Front Benchers are in favour of four-year terms, so the hon. Member for Ealing North (Stephen Pound) would have done a better job if he had troubled to read the Bill, the amendments and clause 1.
In addressing the amendments that deal with clause 1 on the proposed length of the fixed term and the date of the next election, it might be helpful to explain at the outset why the Government have taken the approach that we have set out in the Bill. The Government announced in the coalition agreement our intention to introduce a Bill for fixed-term Parliaments, and I have listened to a good number of arguments for and against the proposed five-year term, not least today. The Government strongly believe that a five-year fixed term is right, not only for this Parliament but for subsequent Parliaments, as it will provide the country with the strong and stable Government that it needs.
Mr Harper
Let me make a little more progress, and then I will give way.
We have heard arguments in favour of a four-year or three-year fixed term. However, the statistical evidence shows that if we exclude the three very short Parliaments since the war, the average length of Parliaments has approached four and a half years. The first point that I would make in respect of the arguments for four-year or three-year Parliaments is that those advocating them gave insufficient regard to the current arrangements, which my hon. Friend the Member for Epping Forest (Mrs Laing) outlined in observing that this Parliament is able to sit for five years. Indeed, if the Prime Minister wanted to achieve the aim of this Parliament sitting for five years, he would merely not ask the Queen to dissolve it for five years. The Bill has nothing to do with extending the term of this Parliament.
Mr MacNeil
If the hon. Gentleman is such a strong advocate of five years for a Parliament, would he extend that strength of feeling to the devolved legislatures to enable them to have five-year terms as well? If we do the multiplication—five times four equals 20—it is clear that we will have the problem of the two dates clashing every 20 years. Would he be happy for Scotland, Wales and Northern Ireland to move to five-year terms as opposed to four?
Chris Bryant
The Minister is being extremely disingenuous. He said that the Prime Minister can keep going until 2015 if he wants to, but that is not the case—he does not have a majority. In fact, the words of Robert Blackburn to the Select Committee are right:
“The Liberal Democrats want to be sure that the Conservative leadership would not cut and run in the same way that a minority Administration with an informal pact with the Liberal Democrats in Parliament might—as in 1974”.
The other side of the coin is that the Conservatives want some guarantee that the Liberal Democrats will not change their minds. The Prime Minister needs this Bill to keep the coalition in power until 2015.
The Temporary Chairman (Miss Anne Begg): Order. May I remind the hon. Gentleman that “disingenuous” is not necessarily a parliamentary word?
Mr Harper
I am grateful, Miss Begg.
The hon. Gentleman is missing the point. He says that the Government can continue in office only if they retain the confidence of the House. I will not dwell on this at length, Miss Begg, because that would be to move on to arguments that we will make when we come to clause 2. The Bill contains provisions whereby we will have a fixed-term Parliament, but subject to two conditions: first, this House will, for the first time, have the power to cause an early general election; and secondly, we are keeping the provision that a Government have to retain the confidence of the House. The hon. Gentleman is simply wrong.
Some Members, in trying to argue that four years is the norm and five years is only for Governments who are clinging on to power, have pointed to examples of Parliaments that have lasted closer to four years than five. That completely overlooks the fact that elections that are called early, before the five-year term is up, are often those where the Prime Minister of the day thought that doing so might give their party a political advantage. It was not that they somehow thought that four years was the more constitutionally appropriate length of time for them to hold office.
Advocates of three or four-year terms are using as their strongest argument the very enemy that the Bill is designed to combat, which is political expediency at the expense of national interest. The right hon. Member for Stirling (Mrs McGuire), who is no longer in her place, asked why Labour did not think of the idea in 1997. I can tell her that it was because the then Prime Minister, Tony Blair, wanted to preserve his ability to cut and run and seek an election at whatever opportunity he thought best.
Mr Harper
I am not going to give way to the hon. Gentleman. He has not been here for most of the debate, so he can just stay in his seat.
The hon. Member for Rhondda (Chris Bryant) effectively makes the case for Prime Ministers being able to cut and run. The current Prime Minister is the first one who has put aside that ability in the move to a fixed-term Parliament.
Mr Shepherd
My hon. Friend sets aside the words of Asquith, who predates any shenanigans on the matter, but will he consider the fact that the longest-serving Prime Minister of the last century was Lady Thatcher? She had four-yearly elections like a metronome, so there is experience of the concept of Prime Ministers believing that four years is an appropriate time.
Mr Harper
I am glad that my hon. Friend mentions Baroness Thatcher, who of course was a great Prime Minister and served this country well. I remember the elections that she called in 1983 and 1987, which she won with resounding majorities and continued to serve the country. I am sure that if she were here, she would agree that when she asked Her Majesty the Queen to dissolve Parliament, she thought about the likely consequences of those elections and the likelihood that the Conservative party would be returned to office. She was a politician—a very successful one—and I do not think I do her a disservice if I point that out.
Mr Harper
No, I am terribly sorry, but the hon. Gentleman has not been here for the debate, so I am not going to give way to him.
My hon. Friend the Member for Loughborough (Nicky Morgan) drew attention to one of our arguments about the need for long-term thinking. Many commentators, politicians and members of the public would argue that Governments can be too short-term in their planning and decision making. We want to encourage future Parliaments and Governments to take a long-term view rather than look for short-term advantages. As a number of my hon. Friends have argued, a five-year fixed term would provide the country with a strong and stable Government.
I turn to the amendments in this group. The hon. Member for Great Grimsby (Austin Mitchell), who is not in his place, seeks to set the length of Parliaments at three rather than five years. I think perhaps he did himself a disservice when he quoted remarks of his own constituents suggesting that a three-year term was needed so that he might last it, because of his age. I am only repeating what he said; I do not agree with it myself. However, I simply do not agree with his argument. The flaw in it came when he said that the Government parties wanted not a fixed term but a five-year term. However, my right hon. Friend the Prime Minister is perfectly capable, while the Government retain the confidence of the House, of having a five-year term of office. That has always been the constitutional position, and the Bill is not necessary to ensure it.
Tristram Hunt
In some of the speeches that we have heard from the Deputy Prime Minister—I understand that he is giving one to the Hansard Society tonight rather than being in the Chamber to discuss the Bill, which is rather scandalous—there has been much talk about the Chartists and how this great reform is an echo of the 1840s. The Chartists were in favour of yearly elections, so why does the Deputy Prime Minister deny the will of the people by keeping Parliaments at five years?
Mr Harper
The hon. Gentleman is quite right about the point that the Chartists made, but I do not happen to think that annual elections would be a good idea, and from my experience I am not sure that the people of this country would be over-enamoured of us if we said that we would trouble them with a general election every year. I believe that they will be content with our proposal. We do not want to end up with a situation in which the people of the United Kingdom are subject to a permanent election campaign. That is the evidence that the Constitution Committee in the other place has received. My hon. Friend the Member for Peterborough (Mr Jackson) drew attention to the matter when he looked at the US congressional experience in the lower House where, effectively, as soon as Congressmen get elected, they instantly turn their thoughts to their re-election and spend most of their period of office having to raise money for expensive election campaigns.
Mr MacNeil
Let me pick up on that point about the American Congress and the House of Representatives. There are a number of American politicians—those in safe seats and those who are unopposed—who are not on a constant campaign. The Minister made a fair point about Lady Thatcher, especially given the partisan point that he could have made. She looked at the party advantage of her electoral cycle and that is why she probably went for four years. If the Minister does not support the five-year terms for the devolved legislatures, will he support new clause 4 that would allow the devolved legislatures to avoid the clash with the Westminster Parliament?
Mr Harper
If the hon. Gentleman will forgive me, I will soon get to that point and to new clause 4. I just want to take this in order.
My final point for the hon. Member for Great Grimsby—he did not address this in his remarks, so I can only assume that it is an oversight—is that his amendment would mean that the next election would take place on a Tuesday. He gave us no indication of why he would want to do that, so I assume that his amendment is technically as well as logically flawed.
Let me turn now to amendments 11, 12 and 13, the first of which was ably moved by the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), and supported by those on the Opposition Front Bench. The amendments primarily make the argument for four-year terms, which is probably a good moment to pick up on the point about the coincidence with the devolved elections. The hon. Member for Edinburgh East (Sheila Gilmore) was a little too soon in her criticisms of what Ministers will do, because she had not actually heard what I was going to say. She did exactly the same when we debated the Parliamentary Voting System and Constituencies Bill, and she was not correct in what she said. The Committee, of which she is a member, was behind an amendment that was moved by my hon. Friend the Member for Epping Forest. Although we did not accept the amendment, we took it away and brought back a Government amendment to do exactly what the hon. Lady wanted, which was to reduce the ability of Ministers to interfere with a boundary commission report. It was not true to say that we did not listen to the House; we tabled an amendment that was inspired by the Committee of which she is a member. The Government do listen.
When the Deputy Prime Minister made the statement on 5 July, he recognised that the coincidence of the devolved elections in 2015 with the UK general election was qualitatively different from the coincidence of the referendum and the elections next year. He has discussed the matter with the devolved Administrations and the Presiding Officers. He said that he would look at the matter, and he has kept that promise. I can tell the House that we will consult the parties in the devolved Scottish Parliament and Welsh Assembly to give them the power to defer the date of their elections by up to six months—in other words, to move the election into the future to avoid coinciding with elections to this House.
I shall write to the First Ministers, the Presiding Officers and all the parties represented in the Scottish Parliament and the Welsh Assembly tomorrow to set out that plan. My right hon. Friends the Secretaries of State for Scotland and Wales will be available to discuss those matters with parties represented in the Parliament and the Assembly.
Mr MacNeil
I am grateful for what I feel is the partial acceptance of new clause 4. How drawn is the Minister to the time of six months?
Mr Harper
That is something that we will be able to discuss when we consult Members in the other places. This power will only be exercisable in the years in which elections coincide, because it is to deal with that specific issue; it is not a general power. As for the ability of the Parliament and the Assembly to bring their elections forward, we feel that two-thirds of MSPs or AMs would be needed to support such a move. As the hon. Gentleman said, this is not a power that should not be given to the Administrations; this is a power that should be given to the Parliament and the Assembly.
Mr Harper
I will give way to the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) again, and then I will give way to the hon. Member for Rhondda. If the hon. Member for Foyle (Mark Durkan) will give me a moment, I will get to Northern Ireland and then I will take his intervention if he still wishes to make one.
Mr MacNeil
I am grateful to the Minister for giving way once more. I do not want to seem pedantic, but for the sake of clarity, does he mean that two thirds of the relevant devolved legislatures can move elections both back and forward, or only back?
Chris Bryant
I apologise if this is a similar point to the one made by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil). The legislatures already have the power to bring forward elections, but there is to be a power to extend. In effect, therefore, the Government are extending this Parliament, the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly for the convenience of the coalition. In essence, the Minister is saying that the motto of the Government is “Fewer Elections”.
Mr Harper
No. The hon. Gentleman must not keep giving the Committee misleading arguments. The Bill does not extend the term of this Parliament—this Parliament can run for five years. Members of the devolved Parliament and Assemblies have asked the Government to think about how they can make a decision on whether to move the date—a sensible provision—of elections.
Mr Harper
Let me finish setting out this point, because I might be about to deal with any questions that the hon. Gentlemen have.
The Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly currently have the power to vote with a two-thirds majority for early Dissolution. In Scotland and Wales, the relevant Acts provide that if the early Dissolution is more than six months before the scheduled election, the scheduled election must still take place. Elections to the devolved legislatures must be held on the first Thursday in May. We want to give them the power to extend, because if they have only the power to hold elections earlier, elections would effectively have to be held in the depths of winter. The Government have listened on that point, which is why we want to consult the legislatures on the ability to extend the date, which will give them much more flexibility.
It is worth making two other points. First, Scottish Parliament and Welsh Assembly elections are materially different from local government elections in England. The Scottish Parliament and the Welsh Assembly are legislatures, and they already have a limited power to vary the date of their elections. In England in recent decades, general elections have frequently been combined with local elections. Combining local and mayoral elections with a UK general election is normal practice in England. It is easily managed and should continue unchanged.
Chris Bryant
The Minister is obviously making a sensible proposal in that regard, but I presume that such a change requires primary legislation, and that he intends to advance that in the Bill. I hope that he does not expect to make amendments in the House of Lords. Will he give an undertaking this evening that any such proposal will be made on Report in this House, and not at any later stage?
Mr Harper
I hope that it will happen sooner rather than later.
The position in Northern Ireland is slightly different. One difference in the Northern Ireland settlement is that if the date of the election is brought forward by whatever period, the original scheduled election does not have to be held. Also, the responsibility for Assembly elections, including the date, remains a matter for the Northern Ireland Secretary. He also holds the power to shift the date by two months either way, whereas the date for Scottish Parliament and Welsh Assembly elections can be shifted by only one month. I have discussed that in great detail with Northern Ireland Ministers.
Given the difference of the Northern Ireland settlement, and that next year there is a triple combination of Assembly elections, local elections and the referendum, Northern Ireland Ministers want to learn form that experience to see whether the existing power is sufficient or whether they wish to modify it. They will consult parties in Northern Ireland, both now and after next May, to see whether a further change needs to be made. If so, we will legislate to bring it into force.
Mark Durkan
I thank the Minister for recognising that the position in Northern Ireland is different. In putting my name to new clause 4, I was conscious that it was in clear tension with sections 31 and 32 of the Northern Ireland Act 1998, to which he alluded. Will he give an explicit assurance, however, that Ministers in the Northern Ireland Office will involve all the parties in Northern Ireland in discussions? The 1998 Act was derived from the Good Friday agreement, was based on negotiations and agreements with all parties, and should be amended only by using the proper review mechanisms in full and true spirit.
Mark Durkan
Will the Minister indicate whether Ministers might at least be open to hearing a clear statement from all the parties, and perhaps the Assembly at large, that our preference would be for parliamentary elections on a four-year cycle, so that they do not clash with the Assembly? That would be the easiest way to avoid all sorts of problems. The formula that the Minister is using to allow the Northern Ireland Assembly to move its date might be an unachievable test: it might be impossible in the mixed-party circumstances of Northern Ireland ever to achieve a two-thirds majority, so we could be left with a political crisis and uncertainty. It would be a lot better to fix the cycles.
Mr Harper
There are two issues there. First, we recognise that the existing legal position and structure of politics in Northern Ireland are different, which is why we have adopted this different approach. There will therefore be extensive consultation with Northern Ireland Ministers and all the parties in Northern Ireland.
The hon. Member for Foyle (Mark Durkan) hit on a second point though. Changing the cycles and adopting four-year terms for both this Parliament and the devolved legislatures would not solve the problem, because there can be early elections—if, for example, there is a vote of no confidence. If we had four-year cycles for everything and one early election, we could end up with the cycles coinciding not once every 20 years, as under our proposals, but at every general and devolved election, which would make the problem worse not better. Under our proposals, the coincidence will happen only once every 20 years, not more frequently.
Jonathan Edwards
In the light of the Minister’s concessions this evening, which we welcome, will he hold back Report to allow us to table further amendments?
Mr Harper
The hon. Gentleman, who has been following the Bill’s progress very closely, will know that we have allocated the second day in Committee for next Wednesday, but we have not announced a day on Report, so there is not a date to hold back. We have not been rushing through the Bill’s proceedings at great pace.
There was great discussion about the Gould report.
Mr MacNeil
I have three points for clarification. Is the Minister guaranteeing that there will be no clash of election days between, say, Scotland and Westminster? Will he guarantee that the six months he has spoken about will be put into legislation? Finally, who will have the power to shift the dates? We feel that that should be for the devolved legislatures. Also, the point made by the hon. Member for Foyle (Mark Durkan) about the difficulties of getting a two-thirds majority was apposite. But it is all in the mix.
Mr Harper
I thought that I made it clear that it would be a two-thirds decision for—in the hon. Gentleman’s case—the Scottish Parliament. It could not be a simple majority, because effectively that would give the power to the First Minister of Scotland or someone leading a majority Administration simply to choose a date that suited them—and that would be wrong. It would therefore be for the Parliament to make a choice about the election date.
Mr Harper
The Scottish Parliament would have the choice to consider the date. It could be moved by up to six months—it does not have to be six months—but it would be for the Parliament to make the decision. I gave a commitment that we would make that change in the Bill at a later stage of its progress.
Let me turn briefly to amendment 32, to which my hon. Friend the Member for Epping Forest (Mrs Laing) spoke on behalf of the Select Committee on Political and Constitutional Reform and which was effectively about whether we should reset the clock when there is an early election. The Committee’s train of thought, which she set out, was that if a party knew that it would get only the remainder of the term, it would be less inclined to pass a Dissolution motion or a no-confidence motion. Her Committee suggested that if that was the case, we would not need the super-majority proposal for an early Dissolution. There is a technical problem with amendment 32 as drafted, because it would allow an early election to be held at any time, right up to the next scheduled election, but would still force the scheduled election to take place, so we could have an election in March and then another in May, which would not be very sensible.
Mr Harper
Let me just finish this point. The Government could not accept amendment 32 as drafted even if we thought that keeping the clock ticking was the right thing to do. However, we thought about the issue carefully, which we also debated a little on Second Reading. The Government did not think that resetting the clock made sense for this reason. If there were an early election because the Government had lost their majority and gone to the country, and a Government were then returned with a significant majority, it would not be right for that Government, perhaps with a clear mandate, to be unable to put their programme to the country and carry it through. When people go to the polls, they expect that they are electing a Government who will last for a full term, with the ability to carry through a full programme. The Constitution Committee in the other place considered the evidence from other countries, including the Swedish model, and was told that the prospect of leaving the clock ticking actually protected the Government—the Executive—rather than the Parliament.
Mr Harper
Let me make some progress.
Finally, new clauses 4 and 5 would provide that elections to this House and the devolved legislatures could not occur on the same day. The problem with that proposal is that if it were agreed, it would provide that where a devolved legislature’s general election had been moved, the following poll would take place on the first Thursday in May four years later. For example, if one of the devolved legislatures delayed its 2015 elections by one year, elections to that legislature and the House of Commons would coincide again in 2020. New clauses 4 and 5 would mean that those elections would have to be moved again in 2020, so they are actually a back-door method of substituting a five-year term for the devolved legislatures.
I do not know whether that was the intention of the hon. Member for Carmarthen East and Dinefwr, who spoke so powerfully against a five-year term and in favour of a four-year term, but the effect of his new clauses would be to deliver a five-year term through the back door. For that reason I do not think that it would be very sensible to accept them. Also, new clauses 4 and 5 do not make provision for a super-majority, which appears to suggest that a majority Government in a devolved legislature could just play around with the election date to suit themselves, which is the opposite of what we are trying to achieve in this Bill. The Government therefore cannot accept new clauses 4 and 5, and I would ask the hon. Gentleman not to press them to a Division.
In conclusion, I thank all hon. Members who have taken part in this debate, particularly those who were here for the whole debate and those who have tabled or supported amendments to clause 1. The Government are convinced that our Bill as drafted provides the right approach. I would urge hon. Members not to press their amendments to a Division and to support clause 1.
Political and Constitutional Reform Committee's Report on Fixed-term Parliaments Bill (Government Response)
Lord Harper Excerpts(15 years, 7 months ago)
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The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
The Political and Constitutional Reform Committee published its report on the Fixed-term Parliaments Bill (HC 436) on 10 September 2010, immediately prior to Second Reading.
I am pleased to inform the House that the Government’s response to the Committee’s report has been laid before Parliament and published (Cm 7951). Copies are available in the Vote Office and Printed Paper Office.
The Government’s response to the Committee will assist consideration of the details of the Bill in Committee on 16 November.
Prisoners’ Right to Vote
Lord Harper Excerpts(15 years, 7 months ago)
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Sadiq Khan (Tooting) (Lab)
(Urgent question): To ask the Deputy Prime Minister if he will make a statement on the Government’s plans to give prisoners the vote.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
The UK’s blanket ban on sentenced prisoners voting was declared unlawful by the grand chamber of the European Court of Human Rights in October 2005, as a result of a successful challenge by a prisoner, John Hirst. The Government accept, as did the previous Government, that as a result of the judgment of the Strasbourg Court in the Hirst case, there is a need to change the law. This is not a choice; it is a legal obligation. Ministers are currently considering how to implement the judgment, and when the Government have made a decision, the House will be the first to know.
Sadiq Khan
Mr Speaker, you have yet again agreed to allow an urgent question so that we can ask the Government to account to the House for decisions that have been preannounced in the media. The news that prisoners are to be given the vote is a matter of great concern to the public. The House will note that the Deputy Prime Minister is not here to answer this important urgent question. I have 10 short questions for the Minister who is here to speak on his behalf.
When the previous Government consulted on this matter, the right hon. and learned Member for Beaconsfield (Mr Grieve), who was then the shadow Secretary of State for Justice and is now the Attorney-General, described the prospect of giving prisoners the vote as “ludicrous”. Does the Minister share that view? One of the most troubling aspects of the European Court ruling is that it opens the door to the possibility of serious offenders being given the vote. Will he explain how the Government would ensure that serious offenders are not given the vote? Press reports suggest that sentence length will be the key determinant in deciding which prisoners can vote. If that is the case, what length of sentence do the Government have in mind? How will they ensure that prisoners who are guilty of serious offences but serving short sentences are not given the vote? Will the Minister provide details of the precise mechanics that prisoner voting will entail? Can he also tell us whether prisoners will be allowed to vote in referendums as well as elections?
The Prime Minister is reportedly “exasperated” and “furious” at having to agree to votes for prisoners. Does the Minister share that view? There is a strong sense that the decision is being forced on this country against the will both of the Government and of the people’s representatives in this Parliament. For the sake of public trust in British democracy, will the Minister who is standing in for the Deputy Prime Minister therefore agree that any legislation put before the House on this vital issue should be the subject of a free vote?
Mr Harper
No one would have realised, listening to that, that the right hon. Gentleman was ever a member of the previous Government, who also accepted that the law needed to be changed, and accepted the judgment. I have looked carefully at the media reports, and all I can see is an expression by the Government, relating to what they are going to say in a pending legal case, that they must comply with the law. I would not have thought that explaining that the Government had to comply with the law was particularly revelatory. In fact, the right hon. Gentleman shared our view when he was in government. He was quite right to draw the House’s attention to the fact that the Prime Minister is exasperated. I suspect that every Member of the House is exasperated about this, but we have no choice about complying with the law.
The fact that the previous Government failed for five years to do what they knew was necessary has left our country in a much worse position, both because of the possibility of having to pay damages and because case law has moved on. The only thing that would be worse than giving prisoners the vote would be giving them the vote and having to pay them damages as well. That is the position that the previous Government left us in.
I shall now turn to the right hon. Gentleman’s questions. I made it clear in my statement that Ministers were considering how to implement the judgment, and when decisions have been taken they will be announced to the House at the Dispatch Box in the usual way. No decisions have been taken, and I am therefore unable to answer any of his questions at this time. The previous Government took five years to do nothing when they knew that something had to be done—in exactly the same way as they behaved in not dealing with the deficit. This Government have been in office for only a matter of months, but yet again our two parties are having to deal with the mess left behind by Labour.
Mr David Nuttall (Bury North) (Con)
Will the Minister explain how the damages figure of millions of pounds has been arrived at, bearing in mind that nobody has yet had a payment? If ever we are forced into paying out damages, I suggest that we knock them off the payments that we have to make to Brussels.
Mr Harper
My hon. Friend should know that the European Court of Human Rights is based in Strasbourg, and that this is nothing to do with the European Union. The two issues are completely separate. We have been a signatory to the European convention on human rights for the best part of 60 years. Indeed, British lawyers helped to draft it after the second world war. There are currently more than 1,000 pending cases, and there is a real risk that judges will award millions of pounds in damages to be paid by our taxpayers to prisoners who have been denied the vote. That risk has been left to us by the inaction of the previous Government.
Steve McCabe (Birmingham, Selly Oak) (Lab)
What estimate have the Government made of the cost to the honest law-abiding taxpayer of their decision to run up the white flag on this issue?
Mr Harper
As I said, the previous Government and this Government have both accepted that the Government generally have to comply with the law. We are considering how to comply with it, and we will announce our decisions in due course. This is not a choice; it is an obligation. The hon. Gentleman needs to understand that the only way of avoiding this would be if he were prepared to leave the European convention, which his Front Benchers are not prepared to do.
Sir Alan Beith (Berwick-upon-Tweed) (LD)
Is my hon. Friend not being a little unfair to the previous Government, who, after all, had done a lot of detailed work on how they would eventually implement this provision? Is it not fairly clear that if the Government are saying to somebody, “You must be in prison, and you must abide by the law and the decision of the court,” they can hardly add, “But we will ignore the decisions of the courts”?
Mr Harper
The right hon. Gentleman is right. The previous Government accepted that the law needed to be changed and brought forward a number of proposals to enfranchise prisoners, but they simply did not have the gumption to do anything. As ever, they left it behind for somebody else to clear up.
Mrs Jenny Chapman (Darlington) (Lab)
I have worked in prison, and I know that there are many hundreds of incarcerated people who should have no role whatever in this country’s democracy, and no say in how it is run. When will we be able to decide for which offences, and for which length of sentences, prisoners will remain excluded from the right to vote?
Mr Harper
As I said in my statement and in my response to the right hon. Member for Tooting (Sadiq Khan), Ministers are currently considering how to implement the judgment. When the Government have taken those decisions we will announce them to this House, which is the right thing to do. If we need to make changes in the law, we will bring our proposals before the House in the usual way.
Mark Pritchard (The Wrekin) (Con)
Is this not another case of more legal nonsense from Europe? Is it not about time that we scrapped the Human Rights Act 1998 and introduced a British Bill of Rights—or at the very least repealed the Human Rights Act within a freedom Bill?
Mr Harper
I am afraid that my hon. Friend has not followed this case very closely. If the Human Rights Act disappeared today, that would make no difference. The decision was made by the European Court in Strasbourg. British courts upheld our domestic law, which is why the decision was appealed to the Strasbourg Court. Even if the Human Rights Act disappeared tomorrow, I am afraid that the judgment would still stand.
Mr Dennis Skinner (Bolsover) (Lab)
Is the Minister aware that the Murdoch scribblers and other tabloid writers are busy writing the headline, “Tories soft on crime, and soft on the perpetrators of crime”?
Mr Harper
I am pleased that the hon. Gentleman is so focused on what the Murdoch press is doing. The Government are considering how to comply with the law, just as the hon. Gentleman’s Government had to comply with it. The Government whom he supported accepted that the law had to be changed—[Interruption.] Or rather I should say, as has just been pointed out to me, the Government whom he sometimes supported. The right hon. Member for Blackburn (Mr Straw) and others consulted on detailed proposals to change the law, but they just never got round to doing anything.
David T. C. Davies (Monmouth) (Con)
Does the Minister recognise that is there a great deal of exasperation on the Conservative Benches not just about the disgraceful change in the law, but about the fact that Labour Members are trying to present themselves as Eurosceptics when they signed up to every bit of European legislation that was put before them?
Mr Harper
My hon. Friend has made his point very well. The synthetic outrage expressed by Labour Members whose Government accepted the need to comply with the law, consulted on proposals to do so, and yet again failed to make the necessary decisions—[Interruption.] The shadow Justice Secretary, the right hon. Member for Tooting, is yelling from a sedentary position. His party was in power for five years after the judgment was made, and did nothing about it. We have been in power for only six months, but we are getting on with considering how to implement the judgment, and when we have made our decisions, we will present them to the House.
Mr Nigel Dodds (Belfast North) (DUP)
It has not been a good couple of days for the Government as far as Europe is concerned. Yesterday we heard the ludicrous announcement of an increase in the EU budget, and today we have heard this announcement. Rather than uttering expressions of exasperation and frustration, will the Minister tell the House what the Government will do to bring powers back to the House on behalf of the British people?
Andrea Leadsom (South Northamptonshire) (Con)
Will my right hon. Friend please explain, for the edification of the House, what would happen if the Government refused to accept the findings of the European Court of Human Rights, and what would happen if we accepted the findings but refused to make any compensatory payments?
Mr Harper
My hon. Friend will know that 60 years ago Britain signed up to the European convention. [Interruption.] The shadow Justice Secretary is yelling again; he clearly needs telling again, so I will tell him again. Because Britain signed up to the European convention 60 years ago, it binds us legally. The Government must act in accordance with the law, as the previous Government accepted. The danger is that compensation payments will be awarded against us to prisoners. As I said earlier, the only thing worse than giving prisoners the vote would be giving them the vote and then having to give them compensation on top of that.
Mr Jack Straw (Blackburn) (Lab)
Before the Minister gets away with this nonsense that we did nothing—in fact, we held not one but two consultations on the issue—will he tell us on what occasion during those five years either he or any other member of his Front Bench, or Conservative Opposition Back Bencher, did anything other than call for us not to make any decisions about prisoner voting rights?
Mr Harper
The right hon. Gentleman has proved the point that I made: he says that the Government consulted on doing something but failed to do anything. Five years passed after the judgment, and the right hon. Gentleman and the Government of whom he was a senior member did nothing in terms of implementing the judgment.
Tom Brake (Carshalton and Wallington) (LD)
In the spirit of consensus, does the Minister agree that while there may be a case for allowing those who are guilty of the most minor offences to vote, it is clear that that cannot possibly apply to those who are guilty of the most serious offences?
Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)
I appreciate that this is a difficult and sensitive issue, and I know that many of my constituents will be shocked at the notion that murderers, rapists and child molesters should be given the vote, but can the Minister tell us more about how he will ensure that any attempt to determine whether people are given the vote on grounds of length of sentence or type of crime will be ECHR-compliant?
Mr Harper
In respect of what the hon. Lady said in the first part of her question, she is leaping ahead. Ministers are considering how to deal with the judgment in the Hirst case. I should also explain that one of the problems with the previous Government’s inaction is that if they had implemented the judgment based on the decision in the Hirst case, we might well have been in a stronger position. As she will know—I am sure she follows this issue closely—case law has moved on. Ministers are considering these issues and, as I have said, when we have taken the decisions we will come and announce them to the House.
Mr Charles Walker (Broxbourne) (Con)
We in this place have a duty to represent the people who elect us and, almost to a man and woman, they will be saying, “No, no, no.” What is the point of having a sovereign Parliament if we have to bend down to the European Court on this? Surely we can help the Minister by having a vote and sending a strong message that we do not want this, and then he can go and negotiate it away.
Mr Harper
My hon. Friend will know that we do have a sovereign Parliament but that about 60 years ago it signed up to the European convention on human rights and effectively made that part of our law and our legal obligations. The Government are following the judgment of the Court in implementing our legal obligations—nothing more and nothing less.
Rachel Reeves (Leeds West) (Lab)
Armley jail in my constituency houses 1,128 prisoners, including 55 lifers. What assurance will the Minister give law-abiding citizens in Armley ward in Leeds West that their electorate will not increase by more than 1,000 and that their votes will not be diluted as a result of these changes?
Gavin Williamson (South Staffordshire) (Con)
I would like my hon. Friend to assure the House how he is going to make sure that rapists, murderers and paedophiles will not have the right to vote in my constituency of South Staffordshire, and across this country.
Mr Harper
My hon. Friend can be reassured by what I said earlier, which was that pretty much every Member on the Government Benches, from the Prime Minister down, is unhappy about having to implement this judgment. We are going to have to do it, however, but he can take it from the fact that we are not very happy about having to do that, that when deciding on the judgments we need to reach and in bringing our proposals forward, we will take into account everything that he has said.
Mr Kevan Jones (North Durham) (Lab)
Two Durham prisons contain 1,700 prisoners, including Ian Huntley, the Soham murderer. In the Minister’s deliberations, will he consider excluding individuals such as Huntley from getting the vote in Durham? Will he also consider the fact that 1,700 prisoners getting the vote in a marginal seat such as City of Durham could sway the outcome of an election?
Mr Robert Buckland (South Swindon) (Con)
Before the Government make their decision, will my hon. Friend and all his colleagues bear in mind that the ultimate expression of liberty is the right to vote, and that the principle is that it should be surrendered upon conviction and imprisonment?
Mr Harper
My hon. Friend will know that that is exactly what our representation of the people legislation currently says, but that has been judged to be unlawful by the European Court, and the Government are in the position of having to implement that judgment—as were the previous Government. That is what we are wrestling with at the moment, and when we have made our decisions we will bring them before the House.
Ian Murray (Edinburgh South) (Lab)
Following on from the question asked by my hon. Friend the Member for Leeds West (Rachel Reeves), will the Minister tell the House if the numbers of incarcerated prisoners in the UK will be used to help gerrymander the boundaries that the Government are proposing?
Anna Soubry (Broxtowe) (Con)
In my 16 years at the criminal Bar, not one of my clients facing a custodial sentence has been upset at the prospect of losing his or her right to vote. Will the Minister please look with real care at the allegation that prisoners would receive huge sums in compensation? A report on the BBC says that the amount is some £700 per prisoner. If prisoners were to sue, I would urge the Government to take the view, “Bring it on.”
Mr Harper
If only my hon. Friend had represented everybody who is currently in prison, perhaps they would not be there today. Unfortunately, a significant number of prisoners have brought legal cases against the Government; there are more than 1,000 pending. Even though the amounts payable in individual cases may not seem very high, if such an amount was awarded to a significant number of prisoners the bill would run into millions of pounds of hard-earned taxpayers’ money.
Mr Speaker
Order. It may be tempting—or otherwise—for the Minister to look behind him from time to time, but he must address the House.
Mr Tom Watson (West Bromwich East) (Lab)
The Minister has my sympathy, because he is on a sticky wicket today—if I may say so, he is doing a good job—and the truth is that the Deputy Prime Minister is on the run. He should be there answering to this House today. His junior is doing a better job than he could, but he should be here. On a specific point, may I ask whether it is the Minister’s personal view that people should have the vote where they are interned, or that they should have the choice of which constituency to vote in?
Mr Harper
I will take the first part of the hon. Gentleman’s question in the spirit in which it was intended. On the second part, we are of course considering how to implement the judgment. The sorts of issues that he has raised are ones that we are thinking about. When we have taken those decisions we will, of course, announce them to the House.
Gordon Henderson (Sittingbourne and Sheppey) (Con)
The shadow Secretary of State for Justice urged during his question that any legislation that comes forward should be subject to a free vote. I do not really care whether there is a free vote or not, because I shall vote against any such legislation.
Frank Dobson (Holborn and St Pancras) (Lab)
Whatever the priorities of the European Court, it is the British Government who decide what the priorities are for this House of Commons. Most people will think it rather bizarre that they are giving priority to a Bill that might give the right to vote to Harry Roberts, who shot three Metropolitan policemen in cold blood, but are paying no attention to and putting no effort whatever into getting the 3.5 million decent citizens who are not on the electoral register on to that register.
Mr Harper
The right hon. Gentleman would know, if he followed proceedings in this House, that that is simply not true. I made a statement at this Dispatch Box in September, when I set out clearly that the Government were as committed to the completeness of the electoral register as to its accuracy. If there are, as there are, citizens missing from the electoral register, some of the responsibility for that falls on the Labour party, which was in power for 13 years and did nothing effective about it.
Dr Julian Huppert (Cambridge) (LD)
Does the Minister share my concern that the first response of so many Members here to a court judgment going against them is to refuse to accept the verdict of the court? What does that say about the rule of law? Does he also share my concern at the number of Members who do not understand the difference between the European convention on human rights, the Human Rights Act and the European Union?
Mr Harper
The hon. Gentleman raised two points, and I shall deal with the second one first. I did spell out the difference very clearly earlier, because as soon as things are prefaced with the word “Europe” people do roll them all in together and think that they are the same thing. The European Court is separate from the European Union; they are nothing to do with each other, apart from the fact that they both happen to be based in Europe. On the hon. Gentleman’s first point, I think that the general view of those on the Government Benches is that we are not happy or pleased about having to implement the judgment, but we recognise that in a country bound by the rule of law, we have to do it.
Bill Esterson (Sefton Central) (Lab)
Constituents of mine living near the new prison at Maghull will want to know which prisoners will be able to vote and which will not. So far the Minister has not answered the question, so I shall ask it in a slightly different way. In his personal view, who will be able to vote and who will not?
Mr Harper
The hon. Gentleman read that out very well, if I may say so. He will know that the Minister does not have a personal view; the Minister is here to speak on behalf of the Government. I have already set out very clearly the Government’s view. The details about how we are going to implement the decision are still being considered—[Interruption.] It is no good Opposition Front Benchers groaning just because I have said it before. It is still true. We are considering how to implement the judgment. When we have taken those decisions, they will be announced in the House in the proper way.
Mrs Eleanor Laing (Epping Forest) (Con)
Does the Minister recall that the House fully debated this issue and voted on it on 11 January 2006, at which point we on the Opposition Benches were trying to help the then Government to resolve a difficult situation? They took absolutely no action for the following five years. Will the Minister reassure the House that the Court objection is to the blanket ban on prisoners being able to vote and that it is within the power of the Government to resolve the situation by making a decision about which prisoners can vote and which cannot?
Mr Speaker
Order. I know that the House is in rather an excitable state, but I always enjoy listening to the Minister and I particularly want to listen to him now.
Mr Harper
My hon. Friend listened to what I said in my statement. The blanket ban on sentenced prisoners voting has been ruled to be unlawful. The Government are considering how to implement the judgment to deal with that and, when the Government have made those decisions, the proposals will be brought before the House. Colleagues would do well to listen to how she put her question and to my answer.
Graham Stringer (Blackley and Broughton) (Lab)
The Minister’s answers are inadequate and not reassuring. My constituents who live in the Cheetham ward want to know whether the rapists, murderers and paedophiles—and burglars, for that matter—in Strangeways prison will have the vote or not. Surely he can answer such a simple question.
Mr Harper
The hon. Gentleman was not listening carefully to what I said. As my hon. Friend the Member for Epping Forest (Mrs Laing) pointed out, I said that the blanket ban on sentenced prisoners voting has been ruled to be unlawful and we are currently considering how to implement the judgment. We have made it clear that we are not particularly happy about it and we will bring forward our proposals and announce them in this House. I am sure that the hon. Gentleman will then be able to ask that specific question again and we will be able to answer it.
Parliamentary Voting System and Constituencies Bill
Lord Harper Excerpts(15 years, 7 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
I beg to move Government amendment 18, page 3, line 1, leave out subsection (4) and insert—
‘(4) The polls for—
(a) the referendum,
(b) the general election of members of the Northern Ireland Assembly to be held on 5 May 2011, and
(c) the Northern Ireland local elections to be held on that date,
are to be taken together.’.
Madam Deputy Speaker (Dawn Primarolo)
With this it will be convenient to discuss the following: Government amendments 19 and 44 to 46,
Amendment 222, in schedule 7, page 212, line 36, leave out from ‘combination’ to end of line 38 and insert
‘is to be the sole responsibility of the United Kingdom Government’.
Government amendments 47 to 179 and 22 to 43.
Mr Harper
These amendments update the combination provisions in the Bill to reflect the following draft orders, which were laid before Parliament by the Scotland and Northern Ireland Offices on 25 October: the Scottish Parliament (Elections etc.) Order 2010; the Northern Ireland Assembly (Elections) (Amendment) Order 2010; and the Local Elections (Northern Ireland) Order 2010.
The purpose of the amendments is to ensure that the combination rules in the Bill work effectively with the rules governing elections to the Scottish Parliament and the Northern Ireland Assembly, and local elections in Northern Ireland, in the event that the draft orders are approved by Parliament, as the Government hope. No amendments have been necessary in relation to the combination provisions for Wales. Although the rules governing elections to the National Assembly for Wales will be updated by the National Assembly for Wales (Representation of the People) (Amendment) Order 2010, if approved by Parliament, none of the amendments to be made by this order affects any rules relevant to combination with the referendum. This order was also laid in draft before Parliament on 25 October.
The majority of the Government amendments make technical changes to the Bill to pick up minor consequential amendments that have emerged in relation to the numbering, cross-referencing and terminology following the laying of the draft territorial orders on 25 October.
Amendments 18 and 19 are consequential on the laying of the Local Elections (Northern Ireland) Order 2010, which fixes the date for the 2011 local elections in Northern Ireland. There is no intended change in the effect of the provision; rather, the amendment brings the wording of subsection (4) more into line with that of subsections (2) and (3), which is possible now that the date of the elections has been set.
Amendments 22 to 30 and 32 to 41 are not consequential on the draft territorial orders, but are technical changes to ensure that it is clear which set of postal voting provisions applies when polls are combined in Wales and in Scotland. The provisions in schedule 4 to the Bill will not apply, because, following our amendments in Committee, the same job is now done by the combination schedules. Amendment 43 corrects an omission in schedule 4 to the Bill about the marking of postal voters lists and proxy postal voters lists in Northern Ireland.
While the majority of the amendments are minor and technical, the key exceptions are amendment 172 and amendments 177 to 178, which, for the first time in the combination provisions, set out the details of the joint issue and receipt of postal ballot papers in Northern Ireland. The chief electoral officer, with the agreement of the chief counting officer, will be able to decide to take postal ballot proceedings together in the three polls taking place in Northern Ireland. These amendments make the necessary provision for that process to work. If the chief electoral officer decides to deal separately with postal ballot paper proceedings in the three polls, the existing legislation, as amended by the two Northern Ireland Orders, will apply, largely unaffected by the Bill.
The amendments give effect to our agreed policy that when the chief electoral officers decides, with the agreement of the chief counting officer, that the issuing and receipt of postal voting ballot packs is to be combined for the referendum and the relevant elections in Northern Ireland, he can ask the relevant registration officer to produce a combined postal voters list and combined proxy postal voters list. The amendments also make clear who is entitled to be present at proceedings on the joint issue and receipt of postal ballot papers. They provide for all the ballot papers to be sent out and returned in the same envelopes, and they set out the procedure for forwarding and retaining documents related to the joint postal voting process—for example, declarations of identity, the proxy postal voters list and the postal voters list.
The postal voting amendments for Northern Ireland also include the creation of two new forms of declaration of identity that can be used for Northern Ireland Assembly and local elections, when proceedings on the issue and receipt of postal ballot papers are not combined. Equivalent forms already exist for England, Scotland and Wales.
Mr Nigel Dodds (Belfast North) (DUP)
When people receive the envelope containing their postal vote, will they therefore need just one person to attest to their signature for all three votes, or will three separate witness signatures be required—one for each ballot paper?
Mr Harper
There are two stages to the process. If the chief electoral officer and the chief counting officer agree to combine the issue of the postal votes, which is a new procedure in Northern Ireland, everything will be sent out in the same envelope, and the same person will then be able to attest on the ballot paper. The whole point is to make the combination of the two elections and the referendum in Northern Ireland work as smoothly as possible. That is the most significant change in these combination provisions, and I hope that it will help the proceedings in Northern Ireland.
Amendments 156 and 157 include revised forms for the postal voting statement for the Scottish Parliament election, when the issue and receipt of postal ballot papers is not combined, and for the statement on the postal ballot papers that have been issued and received in Scotland for the referendum on the voting system. This takes into account the changes that were made to the forms for Scottish parliamentary elections by the Scottish Parliament (Elections etc.) Order 2010.
The rules relating to the conduct of the elections next year are governed by the elections orders I have set out, and they will be debated in Parliament, following the usual procedures, in the near future. If Parliament agrees the orders, the relevant changes to the combination provisions enabling the referendum to be combined with them are in these amendments, which I shall ask the House to agree.
Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)
Do the amendments take into account the possibility of the Scottish parliamentary general election next year not being held on Thursday 5 May?
Mr Harper
If that election were not held on the same day, we would not be combining the referendum with the Scottish Parliament election. The combination provisions will be required if the elections take place on the scheduled day and if the referendum is also held on that day. The elections can then be combined so that they are more efficiently run and provide a considerable cost saving to the taxpayer.
Mark Lazarowicz
The Bill provides for the polls for the referendum and the Scottish Parliament general election of 2011 to be taken together. If, under the Scotland Act 1998, the Scottish Parliament election were to be held in March next year, would the referendum in Scotland be held in March as well?
Mr Harper
The provisions enable the referendum to be combined with the election, if they are taking place on the same day. Given that they are scheduled to take place on the same day, the provision is clearly sensible. If an eventuality arose under the Scotland Act causing the Scottish parliamentary elections not to be held on that day, the two would not be combined. The Bill does not change those provisions in any way. Indeed, the conduct of the elections is to be determined by the elections orders, which this House and the other place will debate in due course. These provisions are about how to combine the referendum with the conduct of those elections. I hope that that is clear.
Kevin Brennan (Cardiff West) (Lab)
I notice that the instructions set out in amendment 156 ask voters to complete the ballot paper and form “in black ink”. Is the same instruction in the original Bill, and by building this provision directly into the Bill would we invalidate the ballot papers or forms of voters who chose to use another colour of ink?
Mr Harper
The proposed forms are set out in the Bill, but some changes are necessary to reflect the changes in the election orders. I have the provision in front of me, and it says:
“Please write clearly in black ink.”
We had this debate earlier and I have said that if a clear intention has been set out by the voter, the returning officer—or, in the case of the referendum, the counting officer—will allow the vote. The view is usually taken that voters should be included rather than excluded. Clearly, the instruction is intended to make it as easy as possible to read the votes.
Kevin Brennan
I appreciate that. The Minister might be able to elucidate later whether the requirement for black ink was part of the original instruction. My fear is that when something is written directly on the face of a Bill, it is sometimes open to a more literal interpretation than the Minister has indicated would be the normal practice. If not now, perhaps he could clarify the point later.
Mr Harper
All the forms for elections are usually set out in secondary legislation, but we have set them out in primary legislation. The legal effect, however, would not be different. Another provision we adopted earlier to make the forms more understandable and accessible to disabled people was to allow the Electoral Commission to vary not the ballot paper, but the forms, to make them easier to use. If the Electoral Commission felt at a later stage that any of the forms were difficult for people to use, it would be able to amend them. As I said, however, that does not apply to the ballot paper.
Geraint Davies (Swansea West) (Lab/Co-op)
The Minister gave evidence to the Welsh Affairs Committee. Has he any comments on the concerns that were expressed about the possible coincidence of the alternative vote referendum and the Welsh Assembly and parliamentary elections, given that some people might choose to have a postal vote for only one of those? Officials feared that that would generate horrendous administrative problems that would undermine the democratic process on the day.
Mr Harper
I do remember giving evidence to the Welsh Affairs Committee and I enjoyed it tremendously. I was sorry only that the experience was too short.
I do not remember whether the hon. Gentleman was present when we debated the postal vote provisions in Committee, but the Government decided that the most sensible arrangement would be for standing postal vote provisions for a United Kingdom parliamentary election to kick in automatically for the referendum, but for that not to apply to people with postal vote provisions for a different election.
When voters receive their polling card, it will helpfully set out for them the elections and the referendum to which their voting entitlement applies—that will deal with the circumstances in which there are different franchises—and will also make clear how their postal vote has been set up. They may not have one set up for the referendum, for instance, but they may have one set up for a local election. That will enable them to take action at that stage and, if they prefer to vote by post, ensure that they can do so in the elections and the referendum.
Chris Bryant (Rhondda) (Lab)
Form 4, which appears on page 245 of the Bill, results from an amendment that the Minister tabled to the original Bill. There is now a new form, which appears in amendment 156. Why did the Minister not simply table amendment 156 in the first place, given that the forms are very different?
Mr Harper
As I said earlier, the changes that we have tabled today to the combination provisions reflect the changes in the conduct of the election orders that were laid before the House. We wanted to ensure that it was as easy as possible to combine the polls, and that the instructions given to voters for the referendum and the elections were aligned with each other. The original amendments and combination provisions were based on the law as it was before the territorial orders had been laid. I think that that is quite straightforward.
Chris Bryant
Obviously I understand the process—as I am sure the Minister has foreseen, it is one of the matters on which I shall express my disagreement with him—but the requirement for people to write in black ink, which was raised by my hon. Friend the Member for Cardiff West (Kevin Brennan), is not included in the form that appears in the amended version of the Bill, but is included in the form that appears in the amendment. Why was that change made?
Kevin Brennan
I do not want to push the point too far, but it is a serious point. Normally, people are issued with a pencil at polling stations. Given that, as the Minister has confirmed, the “black ink” instruction did not appear in the original version, I am intrigued that it has suddenly found its way into this version. Will people be required, or instructed, to use black ink at polling stations? I fear that that could lead to unnecessary confusion: that is the only point I am making.
Chris Bryant
Let me deal first with the process. The Minister referred to statutory instruments. All the amendments we are discussing, bar the one tabled by members of the Scottish National party, were tabled by the Government, and they cover some 28 pages of the amendment paper. They were not tabled because the House demanded amendments, or because the Government said in Committee that they would consider probing amendments and return with further amendments on Report. They have been introduced because the Government have gone through a process of putting various carts and horses in the wrong order. I fully recognise that I am not as versed in country ways as the Minister, who represents the Forest of Dean, but I recognise when parliamentary procedure is being put in the wrong order, and it would have made far more sense to have proceeded with pre-legislative scrutiny and proper consultation with the devolved Administrations in Wales, Scotland and Northern Ireland, and then to have proposed legislation in draft form. We should bear it in mind that not a single devolved Administration wants a combination of polls next May, but if the Government’s view is nevertheless that they wish to push forward with that, against the wishes of the three devolved Administrations, they can then introduce statutory instruments to make provision under the Scotland Act 1998, the two Wales Acts of 2000 and 2006 and the Northern Ireland provisions. They would do that first, and the proposals would then be considered in this House and the House of Lords and, if agreed to, the Government would introduce the final version of their Bill. Instead, because the Government are running at an inappropriately fast pace for this kind of legislation, there has been no consultation whatever with any of the devolved Administrations—with either the Assemblies or the Parliament or the Executives or Governments in each of those nations.
There has been no process of consultation on the Bill, but there has also been no process of consultation on the orders. The Scottish Parliament (Elections etc.) Order 2010 is some 205 pages long; it is not a minor tome. It includes measures on election expenses, disputed claims, corruption, entreating, the control of donations to candidates, the appointment of election agents, the requirement of secrecy, the breach of official duty, tampering with nomination papers, and personation and other voting offences. I am sure the Government will say that this entire matter is a reserved responsibility and that it is for the Westminster Government to decide, but it would have showed greater respect for the devolved Administrations if they had consulted them before the orders were laid.
Chris Bryant
I am afraid that I sort of disagree with the hon. Gentleman. It is important that there should be time to debate such a clause. We tabled an amendment yesterday that a clause should be deleted from the Bill, just so that we could have that debate. On Report there is no other way of having that debate—but I am not sure that it is always right to put in knives, because that leads to some complexities in the management of time. That is why we argued that we should not have knives.
Mr Harper
While the hon. Gentleman is replying to the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), will he explain something to the House? It is true that we did not get to the debate on the decoupling provisions, but he will know that the provisions to decouple the Welsh Assembly constituencies from the Westminster ones are supported by the First Minister of Wales. The First Minister has written to the Secretary of State to state that in terms, so it is surprising that the Labour party in Westminster is taking a different position from the Labour party in Wales.
Chris Bryant
It is surprising that a Government that consists of Conservatives and Liberals is taking a view on the number of seats in Parliament that is different from what was in both parties’ manifestos at the general election. The point is that we should have had time to debate these matters, and we have not had a single moment to debate them. I would merely say that I hope that their lordships will take the opportunity to debate the matters that it has not been possible for us to reach.
Let me swiftly deal with some of the amendments. The Minister is absolutely right that the vast majority of the amendments are relatively technical. However, that does not mean that we should be able to agree them today, because we have not agreed any of the statutory instruments on which they depend—he said “if” the statutory instruments are approved by Parliament. There is an enormous presumption in tabling amendments to meet a piece of legislation that has not yet been agreed. That treats this House with a degree of disrespect that is inappropriate.
Amendment 222, tabled by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), is about the costs of running the polls being met by the UK Government. The Minister is right to say that the costs are all met by the Consolidated Fund, but I presume that the hon. Gentleman’s amendment has been tabled to make the point that he thinks that the responsibility for running the Scottish parliamentary elections should be the responsibility of the Scottish Parliament—[Interruption.] He is not nodding; he is looking inscrutable at the moment. That is unusual for him, because he is normally extremely scrutable. Perhaps we will have to wait for his contribution to the debate.
The vast majority of these amendments make changes such as substituting “2010” for “2007”, because of the different statutory instrument that would be referred to. Although I suppose it would in theory be possible for us to vote on all of them, because we think that it would be inappropriate to decide on them until the statutory instruments have been decided on, we will none the less want to press at least one to a vote simply to make the point that the process has not been sensible.
Government amendment 78, however, refers to the abandonment of a poll in Scotland. When the Minister sums up, will he explain precisely why he has moved in that direction? The amendment relates to line 3 of page 226, in schedule 7. The Minister also referred to Government amendment 177, which is, as he says, a quite substantial amendment. It runs to several pages and concerns Northern Ireland. It runs from page 1047 of the amendment paper onwards. Proposed new paragraph 40(2) states:
“The following provisions have effect as if the persons listed in them included persons who would be entitled to be present at the proceedings on the issue or receipt of postal ballot papers in respect of the referendum or a relevant election if those proceedings were taken on their own.”
I wonder why the Minister has chosen that precise wording. Likewise, paragraph 42(2) states:
“Otherwise, the provisions listed in sub-paragraph (3) have effect as if the words before ‘the colour’ were omitted.”
It may be that I am very dim, but I simply do not understand that provision in relation to Northern Ireland; it will be for the House’s convenience if the Minister explains it.
Similarly, paragraph 44, on spoilt postal ballot papers—again in relation to Northern Ireland—states at sub-paragraph (2):
“The spoilt postal ballot paper may not be replaced unless all the postal ballot papers issued to the person are returned.”
I do not understand why, if a voter has been given three ballot papers and has spoilt only one of them and therefore wants a replacement only for that one, they have to return the other two as well. Will the Government explain that? I ask about this because some people believe we should make postal balloting more difficult.
In Northern Ireland there has been a tradition of separate rules and regulations for postal voting, because of concerns about corruption. In case the Government are considering substantially restricting the use of postal voting in England and Wales, I must tell the Minister that the current provisions have made it far easier for a large number of my voters to vote in any election. Previously, people had to get a member of the medical profession to sign them off as ill to get a postal ballot. In many cases, my voters were charged £6 a head for the right to vote in an election by post, which I think is completely wrong. Of course we want to ensure that there is no opportunity for corruption in the use of postal ballots, but my experience is that many elderly and other people, particularly those who cannot predict the precise timing of their work commitments, value the current provisions on postal voting.
Finally, I am deeply grateful to the Minister for sending me an e-mail today about the definition of newspapers and periodicals, but unfortunately the parliamentary system would not let me open the attachment, so I do not have the faintest idea what it says. I would be grateful if he could find some means of letting me know what he was trying to communicate.
Ian Mearns (Gateshead) (Lab)
I want to speak about the complexity, confusion and unfairness that have so often been referred to in this debate, and that comes from the perspective of having suffered the ignominy of a proposition for regional government for the north-east of England, which I vehemently supported, being lost in a referendum, almost six years ago to the day. Part of the reason for that, although not the only one by any stretch of the imagination, was the fact that the question of regional government for the north-east of England was combined on the same ballot paper with a question about what form of unitary local government was wanted.
Although 70% of electors in the north-east of England were not subject to any change in local authority, the then Office of the Deputy Prime Minister sent out a six-page supplement to every voter in the region, four pages of which were about local government reorganisation. Many of my constituents rang me asking whether the proposal would mean the end of Gateshead council. It had no impact on Gateshead council, other councils in Tyne and Wear, or councils in Teesside, but the six-page document had four pages about local government reform, and of course the whole concept of regional government for England was lost at that stage.
When addressing the issue of complexity, confusion and fairness, we must look at the coalition Government’s stance. They have repeatedly told us that their actions in passing legislation and making ministerial judgments must pass the acid test of fairness. So is the proposed measure fair or is it not? In fact, the junior coalition partners have almost made it their mantra that they will support their senior coalition partners as long as measures are seen to be fair. The Bill clearly fails that test in many ways, yet the “fairness party”, as the Liberal Democrats see themselves, is still voting in the Lobby to support it—with a handful of notable exceptions on some clauses and amendments. Citizens’ capacity to vote in a referendum is vital, and part of the unfairness to which I refer is the fact that the arbitrary nature of the Government’s proposal disregards the geography and natural togetherness of local communities. I envisage that virtually every constituency in the country will be subject to change—with the exception, of course, of the two constituencies exempted because of their peripheral geography, and because they encompass so many islands.
It is difficult to fathom a scenario in which, in order to meet the twin criteria of ending up with exactly 600 constituencies that must all comprise exactly 76,000 electors, plus or minus 5%, there will be knock-on effects across county boundaries and even regional boundaries—
Ian Mearns
Mr Deputy Speaker, I am happy to return to this matter on Third Reading, but there are some important points about the Bill that need to be made.
Mr Harper
I did not detect any focus on the amendments in the last few speeches, so I shall not address the points that were made in them. I shall focus instead on those Members who troubled themselves to speak to the amendments and raised sensible points, as did the hon. Member for Rhondda (Chris Bryant). He and others mentioned that the orders relate to the elections and not to the referendum. The conduct of the elections is not devolved, as my hon. Friend the Member for Corby (Ms Bagshawe) said. The hon. Gentleman will know that, under the Calman proposals, we propose to move the administration of those elections to the Scottish Parliament.
The orders that the hon. Gentleman mentioned are not amendable, and I hope that the House will support them. If it does not, I have already said that we will revert to the original provisions in the Bill, which have been debated and voted on by the House. Either way, the House of Commons will have had the opportunity to consider both scenarios—without the new orders and with them—and to pronounce on them. I am therefore confident that the House and the other place will have taken those decisions, whatever they might be.
Chris Bryant
When the hon. Gentleman says that the Government would revert to the previous provisions, I presume he means that he would table amendments in the House of Lords, because he would not be able to table them here. In that case, he would not have met his own criterion that matters relating to the elections would be decided on here.
Mr Harper
No, not at all. If Parliament did not adopt the orders, we would indeed have to table the amendments in the House of Lords, but in so doing, we would simply be bringing the Bill back to the stage that it is at with the amendments that have already been debated and voted on by this House. Either way, it would be this House that had effectively decided on the machinery for our electoral arrangements. I hope that I have set that out clearly, even though I know that the hon. Gentleman does not agree with it.
I listened carefully to the speech by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who is no longer in his place, or, indeed, any other place—[Hon. Members: “He must be somewhere!”] Well, he is not in the Chamber. He must be somewhere, but he is not here. He talked about the respect agenda, and he and others talked about holding elections and referendums on the same day. We have had this debate before, Mr Deputy Speaker, so I will not try your patience.
The hon. Gentleman made some sensible points on the coincidence of elections, notably of a UK general election and devolved elections. He knows that that matter has been highlighted—although not actually put in place—by the Fixed-term Parliaments Bill, and we have already said that we are thinking about possible solutions. When the Government have settled on a position, we will consult parties in each of the devolved nations—not the devolved Administrations, because they only represent one or more parties—to come up with a solution. That relates to the coincidence of elections; the Government do not think that the combination of a referendum and elections will have the same qualitative impact.
Tom Greatrex
Surely the solution is to have four-year fixed-term Parliaments. The UK and Scottish parliamentary elections would then never happen on the same date.
Mr Harper
I will not dwell on that point at length, because you would rule me out of order, Mr Deputy Speaker. Briefly, however, I will say that it would be possible, if there were an early UK general election or if the devolved Administrations’ cycles changed, to have four-year terms for both Administrations. That could result in coincidence on every occasion, rather than just once every 20 years. I will not pursue that, however, as it relates to a different piece of legislation, which the House will have the chance to debate in due course.
Chris Bryant
I know that the Minister will not want to dwell on this point either, but he was talking about process, and about the amendments that he might or might not have to table. If the Government change the law on prisoners’ voting, they will have to do so in primary legislation. Will the Minister make it clear that he would not do that by tabling amendments to this Bill in the House of Lords?
Mr Harper
The hon. Gentleman is getting ahead of himself a little. I made it clear in the statement that the Government had not yet made any decisions on how to implement that judgment. We have made it quite clear on a number of other issues relating to this Bill that it is about the referendum. Indeed, we have resisted amendments in which people have tried to make changes that would have a wider policy impact and that should be made elsewhere. For example, we had a debate on the appropriate age at which people should be able to vote. There was a general view on the Government Benches, even among those who support that provision for elections in general, that this Bill was not the right place in which to make those arrangements. I think that I can give the hon. Gentleman the assurance that he seeks.
The hon. Gentleman asked why the form for the postal voting statement to be used for Scottish Parliament elections in which the issue and receipt of postal ballot papers was not combined had been changed. The Scotland Office has updated the form in the 2010 order, and we have followed that in the Bill for the purposes of the Scottish Parliament elections next May.
The hon. Gentleman and the hon. Member for Foyle (Mark Durkan) asked why, in Northern Ireland, all postal ballot papers had to be returned if one was spoiled. In cases of a combined poll, there will be a pack containing all the ballot papers, and another pack would have to be issued in such circumstances. Someone could end up with multiple ballot papers for the same election, if the first set were not returned. That is also the long-standing practice in England, Wales and Scotland. I shall come to the hon. Member for Foyle’s other points in a second, and he can come back to me if he does not think that that answer is appropriate.
The hon. Member for Rhondda also asked why proposed new paragraph 42 in amendment 177 referred to the words before “the colour” being omitted. The words are being omitted when the poll at one election is taken with the poll at another election. The reason that we have omitted them is because, if the elections happen on 5 May, we know that there will be combinations and that the words will be redundant. He also asked why amendment 78 changed the wording in line 3 of page 266. It is a consequential minor change—consequential to the drafting change made to the order governing the Scottish Parliament elections—and it is not intended to have any practical effect.
I was asked about amendment 78 and the changes to provisions on abandonment of poll in the Scottish parliamentary elections. Again, this follows changes to the 2010 order, which separates out for the first time provisions dealing with the death of a candidate in a regional election from those dealing with the death of a candidate in a constituency election. This means we have to amend the provision, making it clear how the abandonment of either poll would affect the referendum. The policy remains that the referendum poll would continue.
Chris Bryant
Does that meet the requirements of the later amendment that deals with the equality of votes where a candidate has died?
Mr Harper
They are about different things; they are not linked. [Interruption.] No, the later amendment is about how the AV rules would work, whereas this one is about the working of the elections taking place next year. They are separate issues.
I was also asked about the use of black ink on the postal voting statement. Because it is for the postal voting statement, it is not relevant to the forms used in the polling station. My understanding and my advice is that the use of black ink is to make the document easier to verify when it is checked and scanned when the postal vote identifiers are being checked. I will make further inquiries, however, and write to the hon. Member for Cardiff West (Kevin Brennan) if this proves not to be the case.
Kevin Brennan
Will the Minister confirm now—or, if not, later in that letter—whether, if an elector does not use black ink, the postal vote will not be invalidated?
Mr Harper
I will look further into that. The real issue is the ease with which returning officers can validate the identifiers. I understand that, where that is not able to be done automatically, it means in practice that it has to be done manually. As I say, however, I will check, write to the hon. Gentleman, copy it to the hon. Member for Rhondda and place a copy in the House of Commons Library.
The hon. Member for Glasgow East (Margaret Curran) said that there were a significant number of amendments. That is true, although as I think the hon. Member for Rhondda acknowledged in his remarks, a lot of them are very technical. They consist of replacing 2007 with 2010, for example, and use straightforward language to reflect what has been changed. The issues of substance, particularly those affecting Northern Ireland—where significant changes have been made to postal voting—have been discussed.
The hon. Member for Foyle raised a number of issues. He asked whether the chief electoral officer could still combine working on local and Assembly elections. Yes, he can. I was asked why the chief counting officer and the Northern Ireland chief electoral officer need to agree on the issue of the receipt of postal ballot papers. The chief counting officer co-ordinates the referendum nationally, so he has the general power of direction. The chief electoral officer of Northern Ireland obviously knows that situation on the ground, so it makes sense for them both to agree on whether to issue combined postal votes. The same position applies in the rest of the United Kingdom. We were urged at an earlier stage of our debate to make this mandatory, but combining the postal ballot papers would sometimes not be practical. Legislating for something that proves not to be practical is not very sensible.
The hon. Member for Foyle also made a point about amendment 18. My advice is that it is not intended to—and, we understand, it does not—change the position on the ability of the Northern Ireland Assembly to change the date. He raises a good point, however, and if he is concerned about it, it is worth my reflecting on it further. I will do so and write to him when I have thought more about it. I repeat that it is not the intention to change the position and we do not believe that it does. The point is nevertheless worth dealing with, and I will write to the hon. Gentleman, if that is acceptable.
Mr Deputy Speaker (Mr Nigel Evans)
Order. A number of private conversations are going on, and I am finding it difficult to listen to the Minister. If Members want to have a chat, will they please go outside the Chamber?
Mr Harper
I am grateful, Mr Deputy Speaker.
I have just one further point. The hon. Member for Foyle also raised an issue about whether the language on the forms was clear enough about spoiled ballot papers. The form mentions the need to return all the spoiled papers, but that might leave some ambiguity, so I will reflect further on it. There are two things worth saying. We have an opportunity to deal with the issue, but the hon. Gentleman will know that at an earlier stage of our proceedings, the House agreed to an amendment that gave the Electoral Commission permission to make the forms—but not the ballot papers—more accessible for disabled people and easier for voters to understand. To be clear, if, after the Bill receives its Royal Assent, as I hope it does, any further issues are raised as to whether the forms are as clear as they could be, the Electoral Commission will have the power to make those changes to facilitate accessibility or make the forms easier to use.
Mark Durkan
I thank the Minister for those particular assurances, but on my reading, form 3A under schedule 8 does not explain that if one ballot is spoiled, they all have to be returned. That is not at all clear in the wording. Any effective amendment would need to lead to a change of wording on the form, perhaps through the channel that the Minister has described.
Mr Harper
I agree. I said that I thought the hon. Gentleman made a fair point. I will go away, think about whether it is a real concern—it is a good point—and decide on the best way to deal with it. I hope that that is helpful. I believe that I have addressed the points made by hon. Members and I hope that the House will agree to the Government amendments.
Amendment 18 agreed to.
Amendment made: 19, page 3, leave out lines 31 and 32.—(Mr Harper.)
Schedule 7
Combination of polls: Scotland
Amendments made: 44, page 212, leave out lines 10 and 11 and insert—
‘“the 2010 Order” means the Scottish Parliament (Elections etc.) Order 2010;’.
Amendment 45, page 212, line 15, leave out from ‘Article’ to ‘Order’ and insert ‘14 of the 2010’.
Amendment 46, page 212, line 32, leave out ‘2007’ and insert ‘2010’.
Amendment 47, page 212, line 41, leave out ‘19 of the 2007’ and insert ‘18 of the 2010’.
Amendment 48, page 213, line 9, leave out ‘20 of the 2007’ and insert ‘19 of the 2010’.
Amendment 49, page 213, line 19, leave out ‘2007’ and insert ‘2010’.
Amendment 50, page 213, line 31, leave out ‘2007’ and insert ‘2010’.
Amendment 51, page 214, line 34, leave out ‘2007’ and insert ‘2010’.
Amendment 52, page 215, line 5, leave out ‘2007’ and insert ‘2010’.
Amendment 53, page 216, line 1, leave out ‘second sentence of’ and insert ‘requirement for separate ballot boxes in’.
Amendment 54, page 216, line 33, leave out ‘and (12)’.
Amendment 55, page 216, line 40, leave out ‘(13)’ and insert ‘(12)’.
Amendment 56, page 218, line 18, leave out ‘46(7)’ and insert ‘46(6)’.
Amendment 57, page 218, line 35, leave out ‘46(7)’ and insert ‘46(6)’.
Amendment 58, page 218, line 38, leave out ‘2007’ and insert ‘2010’.
Amendment 59, page 219, line 11, leave out ‘47(5)’ and insert ‘47(4)’.
Amendment 60, page 219, line 21, leave out ‘48(7)(a)’ and insert ‘48(6)(a)’.
Amendment 61, page 219, line 35, leave out ‘48(9)’ and insert ‘48(8)’.
Amendment 62, page 220, line 5, leave out ‘49(8)’ and insert ‘49(7)’.
Amendment 63, page 220, line 7, leave out ‘49(12)’ and insert ‘49(10)’.
Amendment 64, page 220, line 24, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 65, page 220, line 29, leave out from ‘53(1)’ to first ‘reference’ in line 30 and insert ‘and (2) of the Scottish Parliamentary Election Rules, a’.
Amendment 66, page 220, line 31, leave out from ‘referendum’ to ‘does’ in line 32 and insert—
‘( ) Rule 53(2)(g) of those rules’.
Amendment 67, page 220, line 37, leave out ‘53(1)(a)’ and insert ‘53(2)(a)’.
Amendment 68, page 220, line 38, leave out paragraph 40 and insert—
‘40 Rule 53(2) of the Scottish Parliamentary Election Rules has effect as if “counting officer” were substituted for “CRO” in each place.’.
Amendment 69, page 221, line 2, leave out ‘53(3)’ and insert ‘53(4)’.
Amendment 70, page 222, line 27, leave out ‘2007’ and insert ‘2010’.
Amendment 71, page 222, line 33, leave out ‘2007’ and insert ‘2010’.
Amendment 72, page 223, line 8, leave out sub-paragraph (5) and insert—
‘(5) The counting officer must, on request, provide an election agent for the Scottish parliamentary election with a copy of the statement relating to that election.’.
Amendment 73, page 224, line 12, leave out ‘2007’ and insert ‘2010’.
Amendment 74, page 225, line 16, leave out from ‘the’ to ‘and’ in line 17 and insert ‘polling register (within the meaning given in Article 2(1) of the 2010 Order),’.
Amendment 75, page 225, line 24, leave out ‘69(1)(e), (f) and (h)’ and insert ‘69(1)(c), (d) and (f)’.
Amendment 76, page 225, line 27, leave out from first ‘the’ to end of line 28 and insert ‘CRO were to the counting officer’.
Amendment 77, page 225, line 36, leave out ‘72’ and insert ‘72(4), 75(2) or 77(1)’.
Amendment 78, page 226, line 3, leave out sub-paragraphs (2) and (3) and insert—
‘(2) Rule 78 of the Scottish Parliamentary Election Rules has effect as if it were amended in accordance with sub-paragraphs (3) and (3A).
(3) In paragraph (2), after “ CRO” insert “or counting officer”.
(3A) For paragraph (3) substitute—
“(3) After the close of any polls that are being taken together with the poll that has been abandoned, the counting officer must—
(a) separate the ballot papers for the abandoned poll, and
(b) deliver or cause to be delivered to the CRO the ballot papers and other documents relating to the abandoned poll.
(3A) Paragraphs (4) to (9) apply in relation to the poll that has been abandoned.”’.
Amendment 79, page 226, line 28, leave out ‘72(8)’ and insert ‘78(10)’.
Amendment 80, page 226, line 32, leave out ‘Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937)’ and insert ‘2010 Order’.
Amendment 81, page 227, line 1, leave out ‘20A(4) or 20B(3)(a)’ and insert ‘20(4)(b), 21(4)(b) or 22(3)(b)’.
Amendment 82, page 227, line 2, leave out ‘2007’ and insert ‘2010’.
Amendment 83, page 227, line 4, leave out ‘28’ and insert ‘30’.
Amendment 84, page 227, line 5, leave out ‘2007’ and insert ‘2010’.
Amendment 85, page 227, line 9,, leave out ‘(9)’ and insert ‘(10)’.
Amendment 86, page 227,, leave out lines 22 to 25.
Amendment 87, page 228, line 8, at end insert—
‘“proxy postal voters list” includes the list kept under paragraph 8(6) of Schedule3 to the Parliamentary Voting System and Constituencies Act 2010;”;’.
Amendment 88, page 228, line 27, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 89, page 228, line 35, leave out ‘constituency returning officer’ and insert ‘CRO’.
Amendment 90, page 228, line 40, before ‘In’ insert—
‘In sub-paragraph (1)—
(a) for “CRO” substitute “relevant returning or counting officer”;
(b) for “CRO’s” substitute “relevant returning or counting officer’s”.’.
Amendment 91, page 228, line 40, leave out ‘sub-paragraphs (1) and (2), for “constituency returning officer”’ and insert ‘sub-paragraph (2), for “CRO”’.
Amendment 92, page 229,, leave out lines 24 and 25 and insert—
(a) the CRO and members of the CRO’s staff;’.
Amendment 93, page 230, line 13, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 94, page 230, line 18, leave out ‘(8)’ and insert ‘(9)’.
Amendment 95, page 230, line 18, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 96, page 230, line 21, leave out ‘(5)’ and insert ‘(6)’.
Amendment 97, page 230, line 22, leave out ‘(8)’ and insert ‘(9)’.
Amendment 98, page 230, line 23, leave out ‘“(8A)’ and insert ‘“(9A)’.
Amendment 99, page 230, line 24, leave out ‘(6) or (9)’ and insert ‘(7) or (10)’.
Amendment 100, page 230, line 28, leave out ‘(10)’ and insert ‘(11)’.
Amendment 101, page 231, line 14, leave out ‘32(5)’ and insert ‘31(5)’.
Amendment 102, page 231, line 29, leave out ‘32(5)’ and insert ‘31(5)’.
Amendment 103, page 231, line 21, leave out ‘constituency returning officer’ and insert ‘CRO’.
Amendment 104, page 232, line 15, leave out ‘7(7)’ and insert ‘9(7)’.
Amendment 105, page 232, line 17, leave out ‘constituency returning officer’ and insert ‘CRO’.
Amendment 106, page 232, column2, leave out lines 19 and 20.
Amendment 107, page 233,, leave out lines 4 to 10.
Amendment 108, page 233, line 36, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 109, page 233, line 42, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 110, page 234, line 3, before ‘In’ insert—
‘“In sub-paragraph (1)—
(a) for “CRO” substitute “relevant returning or counting officer”;
(b) for “CRO’s” substitute “relevant returning or counting officer’s”.’.
Amendment 111, page 234, line 3, leave out ‘sub-paragraphs (1) and (2), for “constituency returning officer”’ and insert ‘sub-paragraph (2), for “CRO”’.
Amendment 112, page 234, line 7, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 113, page 234, line 10, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 114, page 234, line 12, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 115, page 234, line 15, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 116, page 235, line 35, leave out ‘20A’ and insert ‘21’.
Amendment 117, page 235, line 36, leave out ‘20B’ and insert ‘22’.
Amendment 118, page 236, line 18, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 119, page 236, line 29, leave out from ‘sub-paragraph (4)’ to end of line 30 and insert
‘(a) for “CRO’s” substitute “relevant returning or counting officer’s”; (b) after “then” insert “lock the ballot box (if it has a lock) and”’.’.
Amendment 120, page 236, line 31, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 121, page 236, line 35, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 122, page 236, line 41, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 123, page 236, line 43, leave out ‘(7)’ and insert ‘(10)’.
Amendment 124, page 237, line 2, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 125, page 237, line 3, column2, at end insert—
‘In sub-paragraph (4)(c), for “CRO’s” substitute “relevant returning or counting officer’s”.’.
Amendment 126, page 237, line 5, leave out ‘20A’ and insert ‘21’.
Amendment 127, page 237, line 5, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 128, page 237, line 6, column 2, at end insert—
‘In sub-paragraph (4)(c), for “CRO’s” substitute “relevant returning or counting officer’s”.’.
Amendment 129, page 237, line 9, leave out ‘20B’ and insert ‘22’.
Amendment 130, page 237, line 9, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 131, page 237, line 10, column 2, at end insert—
‘In sub-paragraphs (3)(c) and (5), for “CRO’s” substitute “relevant returning or counting officer’s”.’.
Amendment 132, page 237, line 13, leave out ‘lock and’.
Amendment 133, page 237, line 16, leave out ‘21’ and insert ‘23’.
Amendment 134, page 237, line 16, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 135, page 237, line 19, leave out ‘22’ and insert ‘24’.
Amendment 136, page 237, line 19, leave out ‘(3), for “constituency returning officer”’ and insert ‘(2), for “returning officer”, and for “CRO”,’.
Amendment 137, page 237, line 24, column2, at end insert—
‘In sub-paragraph (3)—
(a) for “CRO” substitute “relevant returning or counting officer”;
(b) for “CRO’s” substitute “relevant returning or counting officer’s”.’
Amendment 138, page 237, line 25, leave out ‘23’ and insert ‘25’.
Amendment 139, page 237, line 26, leave out ‘constituency returning officer’ and insert ‘CRO’.
Amendment 140, page 237, line 30, leave out ‘24’ and insert ‘26’.
Amendment 141, page 237, line 30, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 142, page 237, line 35, leave out ‘25’ and insert ‘27’.
Amendment 143, page 237, line 35, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 144, page 237, line 38, leave out ‘26’ and insert ‘28’.
Amendment 145, page 237, line 38, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 146, page 237, line 41, leave out ‘27’ and insert ‘29’.
Amendment 147, page 238, line 2, leave out ‘28’ and insert ‘30’.
Amendment 148, page 238, column2, leave out lines 2 to 48 and insert—
‘In sub-paragraph (1)—
(a) for the words before sub-paragraph (a) substitute “The relevant returning or counting officer shall retain, together with the documents mentioned in rule 69(1) of the Scottish Parliamentary Election Rules and rule 49 of the referendum rules”;
(b) in paragraph (a), for the words from “the election to which” to the end substitute “the election or referendum to which it relates and the area to which it relates”;
(c) in paragraph (b), at the end insert “in respect of the election, and a completed statement in the form set out in Form 10 in Part 3 of Schedule 7 to the Parliamentary Voting System and Constituencies Act 2010 in respect of the referendum”.’
Amendment 149, page 239, line 3, leave out ‘53(1)(g)’ and insert ‘53(2)(g)’.
Amendment 150, page 239, line 6, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.
Amendment 151, page 239, leave out lines 9 to 12.
Amendment 152, page 239, line 13, leave out ‘68 and 69’ and insert ‘68, 69, 70 and 71(1)’.
Amendment 153, page 239, leave out lines 29 to 38 and insert—
‘(i) in relation to a document or packet relating to the Scottish parliamentary election, rules 68, 69, 70 and 71(1) of the Scottish Parliamentary Election Rules;
(ii) in relation to a document or packet relating to the referendum, rules 50 and 51 of the referendum rules.”’.
Amendment 154, page 239, line 39, leave out from ‘sub-paragraph (4)’ to end of line 42 and insert ‘for “CRO”’.
Amendment 155, page 240, leave out line 9.
Amendment 156, page 245, line 5 (Form 4—Form of postal voting statement (to be used for Scottish parliamentary election where proceedings on issue and receipt of postal ballot papers not combined)).
Amendment 157, page 251, line 9 (Form 10—Statement as to postal ballot papers for the referendum).—(Mr Harper.)
Schedule 8
Combination of polls: Northern Ireland
Amendments made: 158, page 255, line 6, at end insert—
(ba) Part 5 of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2009/1741) or Part 3 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (issue and receipt of postal ballot papers);’.
Amendment 159, page 255, line 25, at end insert—
(0) rule 16A (corresponding number list);’.
Amendment 160, page 255, line 36, at end insert—
( ) a provision referred to in sub-paragraph (1)(ba), (3)(c) or (h) or (4)(b),’.
Amendment 161, page 255, line 39, leave out paragraphs (b) and (c) and insert—
( ) rule 16A of the Local Elections Rules to the extent that it relates to ballot papers issued in pursuance of rule 21(1) of those rules, or’.
Amendment 162, page 255, line 44, at end insert—
‘( ) The Chief Electoral Officer may not decide that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together unless the Chief Counting Officer agrees.’.
Amendment 163, page 256, line 2, leave out ‘, 3’ and insert ‘to 3B’.
Amendment 164, page 256, line 13, at end insert—
( ) rule 16A of the Local Elections Rules.’.
Amendment 165, page 256, line 16, at end insert—
( ) rule 16A(2) of the Local Elections Rules.’.
Amendment 166, page 256, line 25, at end insert—
( ) rule 26(1) of the Local Elections Rules.’.
Amendment 167, page 256, line 31, at end insert—
( ) rule 16A of the Local Elections Rules.’.
Amendment 168, page 257, line 31, leave out ‘this paragraph’ and insert ‘sub-paragraph (2)’.
Amendment 169, page 257, line 33, at end insert—
‘(4) The declaration of identity to be used by those entitled to vote by post in the Assembly election must be in the form set out in Form 3A in Part 2 of this Schedule.
(5) Sub-paragraph (4) applies instead of the requirement in rule 24(1) of the Assembly Elections Rules for a declaration of identity to be in a particular form.
(6) The declaration of identity to be used by those entitled to vote by post in the local election must be in the form set out in Form 3B in Part 2 of this Schedule.
(7) Sub-paragraph (6) applies instead of the requirement in rule 21(1) of the Local Elections Rules for a declaration of identity to be in a particular form.’.
Amendment 170, page 258, line 16, at end insert—
(0) rule 26(3)(e) of the Local Elections Rules.’.
Amendment 171, page 258, line 18, at end insert—
( ) rule 26(3ZC) of the Local Elections Rules.’.
Amendment 172, page 260, line 38, at end insert—
22A (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.
(2) If the Chief Electoral Officer thinks fit, he or she may require the relevant registration officer to produce—
(a) a combined postal voters list, consisting of the things that would otherwise be included in—
(i) the postal voters list for the referendum;
(ii) the list under paragraph 2(4)(a) of Part 1 of Schedule 2 to the Local Elections Order;
(iii) the list under section 7(4)(a) of the Representation of the People Act 1985 as applied for the purposes of Assembly elections by Article 3(1) of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001;
(b) a combined proxy postal voters list, consisting of the things that would otherwise be included in—
(i) the proxy postal voters list for the referendum;
(ii) the list under paragraph 4(8) of Part 1 of Schedule 2 to the Local Elections Order;
(iii) the list under section 9(9) of the Representation of the People Act 1985 as applied for the purposes of Assembly elections by Article 3(1) of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001.’.
Amendment 173, page 265, line 41, at end insert—
‘( ) Where lists are prepared as mentioned in paragraph 7(2), 8(2) or 16(1)—
(a) rules 49(1)(b) and 51 of the referendum rules apply to the packets of those lists;
(b) rule 58(1) of the Local Elections Rules applies as if sub-paragraph (da), so far is it relates to those lists, were omitted.’.
Amendment 174, page 266, line 6, after ‘rule’ insert ‘60 or’.
Amendment 175, page 266, line 9, after ‘61’ insert ‘or 63’.
Amendment 176, page 266, line 42, leave out ‘61(2)’ insert ‘64(1) to (6)’.—(Mr Harper.)
Amendment proposed: 177, page 266, line 42, at end insert—
Part 1A
Postal voting
Interpretation
39 In this Part—
“the 2008 Regulations” means—the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied for purposes of the referendum by Part 3 of Schedule4, and those regulations as applied for the purposes of Assembly elections by Article 3(2) of, and Schedule 2 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);
(a) the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied for purposes of the referendum by Part 3 of Schedule4, and
(b) those regulations as applied for the purposes of Assembly elections by Article 3(2) of, and Schedule 2 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);
“the Local Elections Order” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454).
Attendance at proceedings on issue and receipt of postal ballot papers
40 (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.
(2) The following provisions have effect as if the persons listed in them included persons who would be entitled to be present at the proceedings on the issue or receipt of postal ballot papers in respect of the referendum or a relevant election if those proceedings were taken on their own.
(3) The provisions are—
(a) regulation 72 of the 2008 Regulations;
(b) paragraph 3(1) of Part 3 of Schedule 2 to the Local Elections Order.
Procedure on issue of postal ballot papers
41 (1) This paragraph applies where—
(a) the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together, and
(b) a combined postal voters list or proxy postal voters list is produced by virtue of paragraph 22A.
(2) In a case where a postal ballot paper is issued at the same time in respect of the referendum and the relevant elections, a single mark must be placed in the list under the following provisions—
(a) regulation 76(2) of the 2008 Regulations;
(b) paragraph 6(1) of Part 3 of Schedule 2 to the Local Elections Order.
(3) In any other case, a mark must be placed in the list under those provisions identifying the poll to which each postal ballot paper issued relates.
Provisions requiring declaration of identity to indicate colours of ballot papers
42 (1) The provisions listed in sub-paragraph (3) do not apply where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.
(2) Otherwise, the provisions listed in sub-paragraph (3) have effect as if the words before “the colour” were omitted.
(3) The provisions are—
(a) regulation 76(4) of the 2008 Regulations;
(b) paragraph 6(3) of Part 3 of Schedule 2 to the Local Elections Order.
Envelopes
43 (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.
(2) The same covering envelope and ballot paper envelope must be issued to a voter under the following provisions in respect of the referendum and the relevant elections.
(3) The provisions are—
(a) regulation 78 of the 2008 Regulations;
(b) paragraph 8 of Part 3 of Schedule 2 to the Local Elections Order.
(4) The number of each of the postal ballot papers issued must be marked on the ballot paper envelope unless the envelope has a window through which all of the ballot paper numbers are displayed.
(5) The following provisions do not apply—
(a) regulation 78(4) of the 2008 Regulations;
(b) paragraph 8(2) of Part 3 of Schedule 2 to the Local Elections Order.
Spoilt postal ballot papers
44 (1) This paragraph applies where—
(a) the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together,
(b) a person returns a spoilt postal ballot paper under regulation 81(1) of the 2008 Regulations or paragraph 12(1) of Part 3 of Schedule 2 to the Local Elections Order, and
(c) a postal ballot paper has been issued to the person in respect of one or more of the other polls.
(2) The spoilt postal ballot paper may not be replaced unless all the postal ballot papers issued to the person are returned.
(3) Where an unspoilt postal ballot paper is returned as mentioned in sub-paragraph (2), the 2008 Regulations or Local Elections Order apply to it as if it were a spoilt ballot paper.
Opening of postal voters’ ballot box
45 The following provisions have effect as if for the words after “opened” there were substituted “at the counting of the ballot papers”—
(a) regulation 85(3) of the 2008 Regulations;
(b) paragraph 16(3) of Part 3 of Schedule 2 to the Local Elections Order.
Opening of ballot paper envelopes
46 (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.
(2) The following provisions have effect as if after “number” there were inserted “(or one of the numbers)”—
(a) regulation 88(2)(a) of the 2008 Regulations;
(b) paragraph 17B(2)(a) of Part 3 of Schedule 2 to the Local Elections Order.
(3) The following provisions have effect as if at the end there were inserted “or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (marking the envelope to indicate the missing ballot paper)”—
(a) regulation 88(2)(c) of the 2008 Regulations;
(b) paragraph 17B(2)(c) of Part 3 of Schedule 2 to the Local Elections Order.
Countermand or abandonment of poll for relevant election
47 The following provisions do not apply where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together—
(a) regulation 90 of the 2008 Regulations;
(b) paragraph 18 of Part 3 of Schedule 2 to the Local Elections Order.
Retention of documents
48 (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.
(2) The Chief Electoral Officer must—
(a) endorse on each of the specified packets a description of its contents, the date of the poll and the name of the area to which the packet relates;
(b) complete a statement as to postal ballot papers in relation to each poll;
(c) retain the packets and statements.
(3) The specified packets—
(a) in relation to the referendum and the Assembly election, are the packets made up under regulations 79, 81(5) and 89 of the 2008 Regulations;
(b) in relation to a local election, are the packets made up under paragraphs 11 and 17C(b) of Part 3 of Schedule 2 to the Local Elections Order.
(4) A statement as to postal ballot papers—
(a) in the case of the referendum and the Assembly election, must be in the form set out in Form N in Schedule 3 to the 2008 Regulations;
(b) in the case of a local election, must be in the form set out in Form 2 in Part 3 of Schedule 2 to the Local Elections Order.
(5) Where—
(a) any covering envelopes are received by the Chief Electoral Officer after the close of the poll,
(b) any envelopes addressed to postal voters are returned as undelivered too late, or
(c) any spoilt postal ballot papers for the referendum or Assembly election are returned too late to enable other postal ballot papers to be issued,
the Chief Electoral Officer must seal those envelopes or postal ballot papers up in a separate packet, endorse the packet as mentioned in sub-paragraph (2)(a) and retain the packet.
(6) A copy of the completed statements as to postal ballot papers for the referendum and for the Assembly election must be provided to the Electoral Commission.
(7) The following rules apply to any packet or document retained under this paragraph—
(a) rules 51 and 52 of the referendum rules;
(b) rule 56 of the Assembly Elections Rules;
(c) rule 59 of the Local Elections Rules.
(8) In its application by virtue of sub-paragraph (7)(c), rule 59 of the Local Elections Rules has effect as if references to the proper officer of the council were to the Chief Electoral Officer.
(9) This paragraph applies instead of regulation 91 of the 2008 Regulations.
(10) Paragraph 19 of Part 3 of Schedule 2 to the Local Elections Order has effect as if—
(a) in sub-paragraph (1), the reference to paragraphs 11 and 17C(b) were omitted;
(b) in sub-paragraph (2), the references to envelopes were omitted.’.—(Mr Harper.)
Question put, That the amendment be made:—
Mrs Laing
I thank my hon. Friend; that is exactly the point of my amendments on having a threshold for those voting yes. Any constitutional change that will have an enormous effect on the composition of the House and of Parliament ought to be brought about in a way that commands confidence and respect. In tabling my modest amendments, I am trying once more to help the Government.
What if the referendum takes place and 15% of people vote yes? In a local election, we normally get about 29% and, as the hon. Member for Rhondda has rightly said, there is likely to be differential turnout throughout the country, which is likely to add to the confusion and the likelihood that the result of the referendum will not command respect and will be questionable. If the outcome does not command respect—if only 15% of those entitled to vote actually go out and vote for constitutional change—that result will be derisory and will mean that all future general elections under the AV system will be open to question. I have every confidence that the British people will have the sense to vote against AV, but just in case they do not—this is a serious matter—I put it to the House that if 15% or so of the population vote for a constitutional change that brings about a new AV system for elections to the House, the entire validity of our electoral system will be open to question and the very integrity of our democracy will be undermined.
Mr Harper
The amendments moved by my hon. Friends seek to specify certain thresholds. They are very different, as has emerged from the debate. The amendment tabled by my hon. Friend the Member for Stone (Mr Cash) would impose a simple turnout threshold. At least 40% of those entitled to vote would have to cast a vote, or the result would not be valid.
I should take this opportunity to put my hon. Friend right on the form of the alternative vote system that we propose in the Bill. I do not know if he was present for the debates that we had on it. His concern, I think he said, was that people would be forced to vote for all the candidates on the ballot paper, and if they did not, their vote would not be valid. He referred to some parties for which people would not want to vote. I can reassure him—
Mr Harper
Okay, but under our system of optional preferential, we are not forcing anybody to vote for anyone. Voters can vote for one candidate, all the candidates or any number in between, so the form of the alternative vote that we are putting to the electorate next year does not raise any of the concerns that my hon. Friend touched on. I am sorry if I overstated his argument.
The reason we have not specified a threshold in the Bill is, as a number of hon. Members said, that we want to respect the will of the people who vote in the referendum, without any qualifications. The argument against my hon. Friend’s amendment is that specifying a threshold for voter turnout—on this I agree with the hon. Member for Liverpool, West Derby (Stephen Twigg)—is that it makes every abstention effectively a no vote.
People may choose to abstain, but the amendment would create an incentive for people who favour a no vote to abstain. So people would not campaign, as they rightly should, for only yes or no votes in the referendum. We would have people campaigning actively for voters not to participate. We debated this a little on Second Reading, and as I said in my speech then, I do not think that is right. We need to encourage participation in the referendum. We want people to take part, and putting in a rule that encourages at least one side to campaign actively for voters not to take part would do our democracy a disservice.
I am not concerned as some colleagues are about what the turnout will be. As we have said in previous debates, both in Committee and in the House, there are elections for the devolved Administrations—for the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly—but there are also elections scheduled next year for 81% of England. The percentage turnout in English local elections varies, but it is usually in the mid to high 30s at least. I am confident that with the additional publicity and the awareness of the referendum, and the fact that it is an important decision, we will indeed get a good turnout.
Previous referendums in this country have either had good turnouts or, where the turnouts have not been that high, they have produced decisive clear results from the electorate, so I do not share that concern. We should not go against our tradition and practice in this country by setting turnout thresholds.
Let me now focus on the amendment tabled by my hon. Friend the Member for Epping Forest (Mrs Laing). She is right to say that it proposes a completely different, outcome-specific threshold. It is worth saying to colleagues on the Government Benches who support the Government’s proposals and respect the coalition agreement that my hon. Friend’s amendment is not compatible with what we set out in the coalition agreement, which was a simple majority referendum, without an outcome-specific threshold. Colleagues who are reconciled to a referendum being held should bear that in mind if they are tempted to vote for my hon. Friend’s amendment.
Mr Harper
I do not think my hon. Friend’s point holds a great deal of water. I think I am right in saying that the decision of the Liberal Democrats, although I am not an expert on their internal party mechanisms, was unanimous or almost unanimous. That does not take us an awful lot further forward.
Mrs Laing
I thank my hon. Friend for pointing out to me that I have made a mistake. I have said in the past that I respect the coalition agreement, and I would not go against it. I understand what he has just said about the exact terms of the coalition agreement and amendment 197. I therefore will not press that amendment to a Division this evening, as it would be inconsistent of me to do so—but of course I will then have to support my hon. Friend the Member for Stone (Mr Cash).
Mr Harper
I am grateful to my hon. Friend. I do not think I have ever been quite so persuasive with any of my arguments as to persuade one of my hon. Friends not to press an amendment. [Interruption.] I hear the opposition, so I shall put that one away and take it as a victory.
My hon. Friend the Member for Epping Forest made it clear to the House that she does not think that referendums should be compared to elections in any way, but it is worth saying to hon. Members that if we were to adopt a similar process for elections, the House would be spared the services not of the hon. Member for Rhondda (Chris Bryant) but of, among others, Mr Deputy Speaker’s colleague the right hon. Member for Bristol South (Dawn Primarolo), the right hon. Member for Doncaster Central (Ms Winterton), who is the Opposition Chief Whip, and—most tragically of all for our side of the House—my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who in his by-election on 10 July 2008 sadly polled only 24.4% of the electorate. We on the Government Benches would be sadly lacking if we had been deprived of his services.
Mr Leigh
I am now totally confused. Generally, I find it is a big mistake to attend debates, because one gets tempted to vote against the Government. Is my hon. Friend the Minister saying that the amendment tabled by my hon. Friend the Member for Epping Forest (Mrs Laing) is contrary to the coalition agreement, but that the amendment tabled by my hon. Friend the Member for Stone (Mr Cash) is not?
Mr Harper
No, the amendment is not contrary to what is in the coalition agreement, but we do not agree with it, and I have set out clearly why. We do not, in this country, have a tradition of turnout thresholds. The one experience that we have had of an outcome-specific threshold was in a Scottish devolution referendum in 1979. That threshold was put there to deny Scottish devolution.
That leads us to the heart of the argument. My hon. Friend the Member for Epping Forest made it clear, as she has done throughout, that she was confident of the decision that the British people would come to—but then she said she wanted to introduce her amendment, just in case. My hon. Friend the Member for Stone, in a revealing response to an intervention from the hon. Member for Liverpool, West Derby, said that we should trust the people. That is an expression that I used in my Second Reading speech, and it is right.
There are different views in both parts of the coalition and in the Opposition parties, but whatever our views, we should not set artificial limits that encourage people not to participate in the referendum. Whichever side of the argument we are on, we should have the courage of our convictions. We should get the Bill—or the part of it that we agree with—on to the statute book, make our case, engage with the people, explain to them the rights and wrongs of the cases, and trust the people, as the hon. Gentleman said, to make the right decision, to come out and vote, and to make a clear decision. Then the House will be able to proceed. That is the best way, so I urge my right hon. and hon. Friends not to press their amendments—and if do they press them, I urge the House to vote against them.
Question put, That the amendment be made.
Parliamentary Voting System and Constituencies Bill (Programme) (No. 4)
Lord Harper Excerpts(15 years, 7 months ago)
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The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
I beg to move,
That the following provisions shall apply to the Parliamentary Voting System and Constituencies Bill, in place of paragraph 5 of the Order of 6 September 2010:
1. Proceedings on consideration shall be taken in the order shown in the first column of the following Table.
2. The proceedings shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.
Proceedings | Time for conclusion of proceedings |
|---|---|
Amendments relating to Clause 11. | 7.30 pm on the first day. |
Amendments relating to Clauses 12 and 13; Amendments relating to Clause 10; new Clauses and new Schedules relating to Part 2. | The moment of interruption on the first day. |
Amendments relating to Clause 4; Amendments relating to Schedules 5 to 8; Amendments relating to Clause 8; remaining proceedings on consideration. | 8.00 pm on the second day. |
I will be very brief. I am grateful to those hon. Members who took part in our five days of lively and rigorous debate on the Bill in Committee, and I look forward to continuing that debate throughout Report and Third Reading. Some hon. Members have expressed concern that certain parts of the Bill were debated less than others in Committee. The Government still believe that five days was an appropriate length of time, and how some hon. Members chose to use the time is, of course, a matter for them, not the Government.
The Government are, however, keen to ensure that Members have further opportunity to debate all the Bill’s provisions on Report, so the programme motion prioritises those provisions on which less time was spent in Committee. The motion provides that today’s debate will be on clauses 11 to 13, which relate to the boundary proposals, with a knife after clause 11 to ensure that we do get on to discussing local inquiries and the decoupling clause for the Welsh Assembly. Tomorrow’s debate will focus on the rules for combined polls and the issue of referendum thresholds. Third Reading will provide a further opportunity for Members to scrutinise and express their views on the Bill, as amended.
It was right that the Home Secretary came here today to make her very important statement about threats to our national security. That, of course, has necessitated the use of some valuable parliamentary time and I trust that all hon. and right hon. Members will agree that the time we have left is best used scrutinising the Bill and debating the issues of substance. I hope, therefore, that all hon. and right hon. Members will feel able to agree with the programme motion and that we shall move on to debating the Bill.
Oral Answers to Questions
Lord Harper Excerpts(15 years, 7 months ago)
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Henry Smith (Crawley) (Con)
2. What progress he has made on developing proposals for a wholly or mainly elected second Chamber.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
My right hon. Friend the Deputy Prime Minister announced to this House in June that he would chair a cross-party Committee that would set out the Government’s proposals which they will bring forward in a draft Bill early next year. We hope that a Joint Committee of both Houses will be able to scrutinise it in due course.
Henry Smith
I am grateful to my hon. Friend for that answer. Does he agree that only those elected to a revised second Chamber should be able to vote on the passage of legislation?
Mr Harper
I very much agree with my hon. Friend. The Government have made it very clear that we think those who make our laws should be elected. Thinking back to the previous question, it is worth saying that of the peers created since this Government came to office, more of them are Labour than represent the coalition parties.
Mr Nigel Dodds (Belfast North) (DUP)
Will the Minister explain why he is proceeding with a cross-party, consensual approach to reforming the House of Lords, as is right and proper, yet rushing through other major changes to parliamentary democracy and the way in which we run this country without such usual cross-party consensus and support?
Mr Harper
I certainly do not agree with the right hon. Gentleman that we are rushing things through. We have had five days of debate on the Floor of the House and we have another two days on Report next week. Labour Members—albeit not the right hon. Gentleman—voted against our programme motion, which gave the House more time. I simply do not agree with him on this. We have set out our proposals and we hope that this House and the other place will agree with them in due course.
Duncan Hames (Chippenham) (LD)
The country has been waiting 100 years to elect the Lords. Once the Minister’s plans become law, how long will it take to achieve the Government’s intended proportion of elected Members in the upper Chamber?
Mr Harper
My hon. Friend puts his finger on an issue that the cross-party Committee is taking seriously and on which I am sure the Joint Committee will have a view: the length of, and procedure for, the transitional period. It is not an easy process. I look forward to the debate once we have published our draft Bill.
Sadiq Khan (Tooting) (Lab)
We support the Minister’s plans to make constitutional and political reform the Government’s centrepiece, as long as it is for the right reasons and is effective. Will he confirm that, at the same time as rushing through legislation to remove 50 elected Members from this House—all the evidence suggests that most of them will be Labour MPs—this Government are rushing through plans to appoint 50 more unelected peers to the other place, most of whom will be Conservative and Liberal Democrat? Can the hon. Gentleman understand why most observers think that this is partisan and political manoeuvring?
Mr Harper
I welcome the right hon. Gentleman to his position, as this is the first time that we have crossed swords at the Dispatch Box at Deputy Prime Minister’s questions.
On House of Lords reform, as I said in my previous answer, the Government will create some new peers in due course—the Prime Minister has made that clear—in the same way that the previous Government did. Since the election, 29 Labour peers have been created, in the resignation honours list of the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), but only 27 coalition peers. The Government have no plans to pack the upper House; the Government do not have a majority in the other place; we will take our legislation through there by arguing the merits of the case and hoping to persuade a majority.
Dr Julian Lewis (New Forest East) (Con)
Given that most people would react with horror at the prospect of doubling the number of elected MPs, why does my hon. Friend think so many on both sides of the House are fanatically in favour of turning the upper House into a carbon copy of this Chamber, which might either rubber-stamp or oppose its findings, while excluding the experts who do such a good job in revising our legislation?
Mr Harper
I know my hon. Friend’s views on this subject, but he is simply not right. One issue that the cross-party Committee is thinking about very carefully is exactly how to ensure that the reformed second Chamber is not a carbon copy of this place—that would clearly not be sensible. Although we think that Members should be elected, we will look at a range of ways of ensuring that the House of Lords can do its job properly as a revising Chamber, without duplicating the role of this House, which will remain the primary House of Parliament.
Natascha Engel (North East Derbyshire) (Lab)
3. If he will bring forward proposals to lower to 16 years the voting age in elections and referendums.
Electoral Commission (Additional UK MEP)
Lord Harper Excerpts(15 years, 7 months ago)
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The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
On behalf of the Lord President of the Council, I requested the Electoral Commission last month to make a recommendation on which one of the 12 UK electoral regions as defined in the European Parliamentary Elections Act 2002 should be assigned the additional MEP seat allocated to the UK by virtue of the transitional protocol concerning the composition of the European Parliament, agreed by the member states of the EU on 23 June 2010.
Under the terms of the European Parliament (Representation) Act 2003, the Electoral Commission in making this recommendation was obliged to ensure that the ratio of electors to MEPs is as nearly as possible the same in each electoral region.
The Electoral Commission is publishing today its recommendation, which has now been laid before Parliament. The recommendation is that the extra seat should be allocated to the west midlands electoral region. I am grateful to the Electoral Commission for its work in producing this recommendation which, in its usual way, it has undertaken entirely independently and without regard to the outcome.
The Government will include the necessary provisions to implement the Electoral Commission’s recommendation in the forthcoming European Union Bill, as indicated in the Minister for Europe’s statement of 13 September 2010. In the event that any changes to the electoral registration would result in a different UK electoral region gaining the seat while the European Union Bill is being considered by Parliament, the Government are clear that the Electoral Commission would be asked to make a further recommendation on the basis of the most recent data.
The Bill will also provide that the seat will be filled by reference to the results of the west midlands region at the last European parliamentary elections held on 4 June 2009, as if the extra seat had been available in the west midlands electoral region in those elections. This method of filling the seat is in accordance with the terms of the transitional protocol and is in line with the practice of most of the other member states which gain additional MEPs under the protocol.
Subject to parliamentary approval, the additional UK MEP provided for by the transitional protocol will be elected once the relevant provisions in the European Union Bill have entered into force, and once all EU member states have ratified the transitional protocol. The protocol cannot enter into force, and the additional MEPs provided for by the protocol cannot take up their seats, until all member states have ratified the protocol.
This is an interim measure until the next European parliamentary elections take place in June 2014. At those elections all UK MEPs, including the MEP for this extra seat, will then be elected as usual.
Parliamentary Voting System and Constituencies Bill
Lord Harper Excerpts(15 years, 7 months ago)
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The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
I beg to move, That the clause be read a Second time.
It is a great pleasure to see you in the Chair, Mr Evans. The new clause is a straightforward and clear response intended to cure, for the alternative vote referendum, a possible ambiguity in the Political Parties, Elections and Referendums Act 2000 framework on the regulation of referendum expenses. It clearly states that the costs of covering and reporting on the referendum in the media are not referendum expenses for the purposes of that Act. That means that those costs will fall outside the regulatory regime that the PPERA puts in place.
I want to be absolutely clear that the new clause does not change the position on the regulation of advertising in the media by campaigning individuals or organisations. Such media costs will continue to be subject to the usual spending restrictions in the 2000 Act. However, we believe it is important to ensure that media outlets are not caught by the spending restrictions in place for the referendum when publishing information about it, since they will play a vital role in building public awareness.
I take this opportunity to thank the hon. Member for Nottingham North (Mr Allen) and the Select Committee on Political and Constitutional Reform for the scrutiny of the Bill that they carried out despite the time available. The Committee’s members tabled a similar amendment, and I am grateful for their focus on the issue. They identified the problem and the potential ambiguity, and argued that it needed to be dealt with. The Committee identified a potential problem with the framework for referendums, as set out in the PPERA. Where there is ambiguity in statute there may be arguments either way, but I accept that on an issue as important as this, the law should be clear. That is why the Government have tabled their own new clause, similar to that tabled by the Committee’s members and identical in its intention. However, I believe that there are sound technical reasons why our version is preferable.
Chris Bryant (Rhondda) (Lab)
I warmly welcome the fact that the Government have tabled the new clause. Broadly speaking, the Minister is absolutely right that it was never anybody’s intention that ordinary newspapers, magazines, television broadcasts and so on should be included in the referendum expenses regime. However, there are some complications because of some of the terms used in the new clause.
I note that the Minister said en passant that the Committee chaired by my hon. Friend the Member for Nottingham North (Mr Allen) managed to come up with a report despite the time available, but of course the lack of availability of time was entirely down to the Minister, not down to anybody else. As the Minister noted, the Committee produced its own version of what a new clause might look like, and a lot of us have been lobbied by different parts of the media in favour of some version or other of an amendment such as this one. The Minister said that the Government’s version was slightly different, and I hope that he will be able to take us through why.
The new clause mentions, first:
“Expenses incurred in respect of the publication of any matter relating to the referendum, other than an advertisement, in…a newspaper or periodical”.
As I understand it, it is remarkably difficult to specify in law what is a newspaper or periodical. So far as I can see, there is no one clear definition of newspaper or periodical. I assume that the Government understand “newspaper or periodical” to be the same, not two separate concepts.
I can find two instances of a definition in statute. The first is the Newspaper Libel and Registration Act 1881, which states:
“The word ‘newspaper’ shall mean any paper containing public news, intelligence, or occurrences, or any remarks or observations therein printed for sale, and published in England or Ireland periodically, or in parts or numbers at intervals not exceeding twenty-six days between the publication of any two such papers, parts, or numbers.
Also any paper printed in order to be dispersed, and made public weekly or oftener,”—
“oftener” is slightly strange language—
“or at intervals not exceeding twenty-six days, containing only or principally advertisements.”
I presume that the Government are not relying on that definition, because it applies only to England and Ireland, which is in a Bill that tried to ensure that all newspapers and periodicals were registered. That registration process no longer exists—now anyone is free to publish a newspaper or a periodical.
The second instance is in section 7(5) of the Defamation Act 1952, which states that
“the expression ‘newspaper’ means any paper containing public news or observations thereon, or consisting wholly or mainly of advertisements, which is printed for sale and is published in the United Kingdom either periodically or in parts or numbers at intervals not exceeding thirty-six days.”
I am sure that keen-eared Members noted that between 1881 and 1952, there was a difference of 10 days in the frequency with which a printed item might be described as a newspaper or a periodical.
Mr Mark Field
I agree with what the Government are trying to do in new clause 19; they have taken on board some of the concerns expressed by the Select Committee. However, I want to ask the Minister a question about the increasingly important influence of the new media. Does he not feel—I appreciate it will not apply to this particular referendum—that much of our legislation, particularly that dealing with media comment, is now ripe for a much more radical overhaul? This could be the first referendum in which we see a significant amount of money being spent by online providers trying to put their message across—in both the English and the Welsh language, I suspect—on this issue. Much of the legislation already in place looks more towards 20th-century and perhaps even, in some cases, 19th-century media. Much of the new media will have a greater impact—not just through blogs, but through a whole range of forums coming under the auspices of existing magazines and periodicals—so I would like to know what indications the Government have had about the likely costs and whether they will count towards the amount of election expenditure.
It strikes me that we are now living in a much-changed world. Younger voters in particular are less likely to look at newspapers, periodicals or even the television as the most important mechanism for getting comment on political and other related matters. There is concern that a great deal of our legislation requires a much more radical overhaul than people appear to have in mind. Given the context of where we are today, however, the new clause provides a sensible way forward, taking into account many of the concerns expressed by the all-party group.
Mr Harper
I am grateful to the hon. Member for Rhondda (Chris Bryant) and to my hon. Friend the Member for Cities of London and Westminster (Mr Field) for raising a number of questions. Let me step back a little and explain why we tabled the new clause.
The problem arises from the definition of the word “material” in schedule 13 of the Political Parties, Elections and Referendums Act 2000. The reason for the concern —some media organisations were worried—is that there was some ambiguity about the meaning. We think “material” means leaflets and other campaigning items, but we decided to fix any ambiguity.
The hon. Member for Rhondda asked me why we prefer our new clause to the amendment that the Committee had tabled. That amendment changed section 117 of the 2000 Act, with the effect that media costs were still categorised as referendum expenses within the regulatory regime. The amendment further specified that although these were referendum expenses, there was no need for individual bodies to be permitted participants if they wanted to spend more than that. That might not have been the Committee’s intention, but that is how we thought it would work. By comparison, our amendment simply says that those media costs are not referendum expenses at all, so they are not subject to the regulatory regime set down by the Act. We think that that provides a more direct and less confusing approach than the Committee set out in its amendment. Our new clause has the same spirit and purpose, but we prefer it, as I have explained.
The hon. Member for Rhondda asked a number of questions. As to the definition and use of language, our approach is to use the equivalent provisions in the PPRA that regulate third-party activity in elections, which have been in place since 2000. The commission responsible for regulating the provisions is happy with how it has been defined and will issue some guidance setting out the case in a little more detail. As I have learned, it is not terribly helpful—to use a ghastly phrase—to have undue specificity on the face of the Bill, whereby every single possible definition of a media outlet is set out. If that is done, but one possible meaning is not captured by the definitions, it makes it easy for a person to argue that they are not covered. Having a broader definition, about which the commission can issue guidance, is much more likely to hold up legally, particularly when it comes to some of the new media to which my hon. Friend the Member for Cities of London and Westminster has rightly drawn our attention.
I shall come to my hon. Friend’s point about the future in a moment, but we have followed the approach in the PPRA and made it explicit that, in the case of this particular referendum, the regulations will be the same as those applying to third-party activity in elections. I think that, because the referendum and the elections are to take place on the same day, it is important for us to apply the same regime to both.
Chris Bryant
The Minister is talking complete sense, but I should like to be absolutely certain about what constitutes “a newspaper or periodical”, notwithstanding the issue of the convergence of a number of different media. There is a clear definition in the 2000 Act; perhaps he could give it to us.
Chris Bryant
I understand that. My point is that I am not sure that there is a definition in law of “newspaper or periodical”, and I think that it is about time we had one. Definitions appeared in legislation in 1881 and 1952, but they conflict with each other.
Mr Harper
As I think I made clear in my reply to my hon. Friend the Member for Cities of London and Westminster, it is much better to leave such definitions to case law, which can evolve over time. If they are defined too tightly in statute law, and then new media appear and changes take place in the way in which the media are produced, we shall find that we must continually update primary legislation in order to keep up with the changes. The hon. Gentleman put his finger on it when he referred to those older definitions and the fact that they have changed. It is better to set a wider definition. The commission can issue guidance, and if problems arise, the courts can interpret the definitions in the light of changes in the way in which media organisations work, and changes in technology. That way of proceeding will produce a tighter definition than trying to include too much detail in primary legislation, which will then become out of date.
The hon. Gentleman asked about our use of the words “broadcast” and “programme”. Again, we wanted the clause to be consistent with the third-party expenditure provisions in the PPRA, and also with the parent terms in the Broadcasting Act 1996, to which the hon. Gentleman referred. We did not want to open up gaps enabling people to argue that the words did not mean what they had in those original pieces of legislation.
My hon. Friend the Member for Cities of London and Westminster referred to new media and changes in communication and technology, particularly in the context of the internet, e-mail and similar techniques. Because this will be the first United Kingdom-wide referendum to use the framework in the PPRA, one of the commitments that the Government have given to the Lords Constitution Committee, which has prepared a report on referendums, is that once it has taken place we will review the way in which it has operated, in order to establish whether we should make any legislative changes—changes in the framework, not just in specific referendums.
As my hon. Friend will know, the coalition Government are committed to introducing more referendums on both European and local matters. We now have a good opportunity to review the working of the system and to establish what practical changes are needed, given that there are likely to be more referendums in the future.
Chris Bryant
I thought that there would only be more referendums on European matters if treaties were proposed that would take powers away, but that is—I hope—a debate for another day.
I am still somewhat perplexed about the Minister’s understanding of “broadcast” and “programme”. I recognise that there are parallels in other legislation, but the concept of what constitutes the expense is material in this context. Is it the expense of making the referendum broadcast, which might include the cost of filming and so forth, or is it the expense of broadcasting the programme?
Mr Harper
I have not yet dealt with the hon. Gentleman’s point about party election broadcasts and referendum broadcasts.
On the issue of election broadcasts as against referendum broadcasts, it will be for the Electoral Commission to address the matter of referendum broadcasts with the yes and no campaigns once they have been designated. I listened very carefully to the remarks of the hon. Member for Rhondda about the differences between the rules for party election broadcasts and for referendum broadcasts and the provisions on them, and I thought—if I may say so as he was very courteous about me—that he explained them very clearly. On his specific point about the rules in respect of combination and what correspondence there was on that with Ministers in devolved Governments, as he will know, Ministers in devolved Governments are not responsible for the administration of elections. At present, that is the responsibility of the three territorial Secretaries of State and my officials and I have been discussing these matters with them. The hon. Gentleman will also know that the Calman proposals include recommendations to devolve the administration of elections in Scotland to the Scottish Government, but that has not yet taken place.
Chris Bryant
So there has been absolutely no consultation with the Administrations in Scotland, Wales or Northern Ireland about the combining of polls, the statutory instruments that are to be laid later this week, or the referendum broadcasts, which in Wales are the responsibility of the Welsh Assembly not Ofcom?
Mr Harper
No, that is not what I said. The hon. Gentleman asked about what correspondence I had had on administering the elections, and I was just making the point that that is not the responsibility of Ministers in the devolved Administrations. There has, of course, been some contact, however. The hon. Gentleman will know that my right hon. Friend the Secretary of State for Wales has had discussions with the First Minister about, for example, the combination and whether the Welsh Assembly Government wanted to move the date of their election. They made it very clear that they did not. The hon. Gentleman will also know that my right hon. Friend the Secretary of State for Scotland has also had such conversations. Furthermore, I forwarded copies of the letter I sent to the hon. Gentleman and other Members explaining how we were going to lay the new clause and new schedules on combination that we will debate today not only to Ministers in the devolved Administrations but to the leaders of each of the parties represented in all three devolved bodies—the Parliament and the two Assemblies—in order to keep them informed. That is a perfectly reasonable way to conduct our business, and it is properly respectful of those nations.
Chris Bryant
Except that it is not much of a consultation if the Secretary of State for Wales goes to the First Minister in Wales and says, “The referendum is going to be held on the date of your Assembly elections. Do you want to move your Assembly elections?” That is a pretty rum sort of consultation—more a case of holding a gun to the other side’s head than a proper consultation.
Mr Harper
I do not think that the hon. Gentleman is characterising that in a sensible fashion. This is a national referendum to be held in the United Kingdom, and it is a reserved matter for the UK Government to decide upon. When this whole issue arose and my right hon. Friend the Deputy Prime Minister made a statement to the House, some Members asked what consultation had taken place and he made it clear that this is a matter for the UK Government and that it was right that this House heard the announcement first, before any conversations took place with the devolved Administrations. I do not think that is disrespectful; rather, it is properly respectful of the rights of this House.
Mr MacNeil
Does this not highlight that when devolution was established by the then Labour Government, they were trying too hard to hold on to power and they should instead have been a bit more relaxed and allowed the devolved Assemblies or Parliaments a bit more power over the governance of their own elections? That is not rocket science.
Mr Harper
I thank the hon. Gentleman for that point. In my response to the hon. Member for Rhondda, I set out what the arrangements are now for the administration of elections. One of the things that has been discussed as part of the Calman proposals is the suggestion to devolve the administration of elections to the Scottish Government. I hope that we can take that forward, and I am sure that the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) would welcome it. I think that I have run through the issues raised by the hon. Member for Rhondda and by my hon. Friend the Member for Cities of London and Westminster. He is no longer in his place and that demonstrates that his questions have been adequately answered.
Mr Harper
I think that in this particular case it does follow. It might not follow if the hon. Gentleman left his place, but I think that my hon. Friend has left the Chamber because he was satisfied. Therefore, I ask hon. Members to support the new clause.
Question put and agreed to.
New clause 19 accordingly read a Second time, and added to the Bill.
New Clause 20
Combination of polls
‘(1) Where the date of the poll for one or more of the following is the same as the date of the poll for the referendum, the polls are to be taken together—
(a) a local authority election in England;
(b) a local referendum in England;
(c) a mayoral election in England.
(2) The polls for the referendum and the Welsh Assembly general election in 2011 are to be taken together.
(3) The polls for the referendum and the Scottish parliamentary general election in 2011 are to be taken together.
(4) Where the date of the poll for one or more of the following is the same as the date of the poll for the referendum, the polls are to be taken together—
(a) a Northern Ireland Assembly Election;
(b) a Northern Ireland local election.
(5) The following have effect—
Schedule [Combination of polls: England], in relation to the polls to be taken together in England under subsection (1);
Schedule [Combination of polls: Wales], in relation to the polls to be taken together in Wales under subsection (2);
Schedule [Combination of polls: Scotland], in relation to the polls to be taken together in Scotland under subsection (3);
Schedule [Combination of polls: Northern Ireland], in relation to the polls to be taken together in Northern Ireland under subsection (4).
(6) Polls taken together under this section must not be taken together with any other polls (despite provision in any enactment to the contrary).
(7) Section 16 of the Representation of the People Act 1985 (postponement of poll at parish elections etc) does not apply to any polls taken together under subsection (1).
(8) In this section—
“local authority election in England” means the election of a councillor of any of the following— a county council in England; a district council in England; a London borough council; a parish council;
(a) a county council in England;
(b) a district council in England;
(c) a London borough council;
(d) a parish council;
“local referendum in England” means a referendum held in England under Part 2 of the Local Government Act 2000;
“mayoral election in England” means an election in England for the return of an elected mayor as defined by section 39(1) of the Local Government Act 2000;
“Northern Ireland Assembly election” means an election to the Northern Ireland Assembly;
“Northern Ireland local election” means a local election as defined by section 130(1) of the Electoral Law Act (Northern Ireland) 1962;
“Scottish parliamentary general election” means an ordinary election under section 2 of the Scotland Act 1998;
“Welsh Assembly general election” means an ordinary election under section 3 of the Government of Wales Act 2006.’.—(Mr Harper.)
Brought up, and read the First time.
The First Deputy Chairman of Ways and Means (Mr Nigel Evans)
With this it will be convenient to discuss the following:
Amendment (a) to new clause 20, leave out subsection (1) and insert—
(1) Where the date of the poll for a local authority election in England is the same as the date of the poll for the referendum, the polls are to be taken together.’.
Amendment (b) to new clause 20, leave out subsection (4) and insert—
(4) Where the date of the poll for a Northern Ireland Assembly Election is the same as the date of the poll for the referendum, the polls are to be taken together.’.
Amendment (c) to new clause 20, in subsection (8), leave out from ‘“local referendum in England”’ to the second “Local Government Act 2000;”
Amendment (d) to new clause 20, in subsection (8), leave out from ‘“Northern Ireland local election”’ to “Electoral Law Act (Northern Ireland) 1962”.
Government new schedule 2—Combination of polls: England.
Amendment (a) to new schedule 2, in paragraph 11, in sub-paragraph (1) leave out ‘15th’ and insert ‘28th’.
Amendment (b) to new schedule 2, after paragraph 12, insert—
‘Absent voter application
12A An application under regulation 51(4)b of the Representation of the People (England and Wales) Regulations 2001, SI 2001/341, for an absent vote must state whether it is made for parliamentary elections, local government elections, referendums or all of them.’.
Amendment (c) to new schedule 2, leave out paragraph 15 and insert—
‘15 (1) The Chief Counting Officer shall select the colour of the ballot paper used for the referendum.
(2) The other ballot papers used for any relevant election shall be of a different colour from that selected by the Chief Counting Officer.’.
Amendment (d) to new schedule 2, in paragraph 17, leave out sub-paragraph (1) and insert—
‘(1) The official poll cards used for the referendum and for the relevant elections must be combined for all electors qualified to vote in all the polls.’.
Amendment (e) to new schedule 2, in paragraph 18, leave out sub-paragraph (1) and (2) and insert—
(1) Separate ballot boxes must be used for the referendum to those used for other relevant elections taking place on the same day.
(2) Each ballot box must be marked to show—
(a) the referendum or relevant election to which it relates, and
(b) the colour of ballot papers that should be placed in it.’.
Amendment (g) to new schedule 2, in paragraph 27, in sub-paragraph (1), leave out
‘If the counting officer thinks fit, the same copy of the register of electors may’
and insert
‘Separate registers of electors must’.
Amendment (h) to new schedule 2, in paragraph 27, leave out sub-paragraphs (2) to (4).
Amendment (i) to new schedule 2, in paragraph 40, at the end of sub-paragraph (3) insert
‘or
(c) the person is a Member of Parliament.’.
Amendment (j) to new schedule 2, after paragraph 43 insert—
‘Priority in counting of votes
43A Counting officers must give priority to the counting of ballots cast in—
(a) the respective elections to the Northern Ireland, Scotland and Wales devolved administrations, and
(b) local council elections in each part of the United Kingdom.’.
Amendment (k) to new schedule 2, in paragraph 44, at the end of sub-paragraph (1), at end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (l) to new schedule 2, in paragraph 44, at the end of sub-paragraph (1), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (m) to new schedule 2, in paragraph 44, at the end of sub-paragraph (3), at end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (n) to new schedule 2, in paragraph 44, at the end of sub-paragraph (3), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (o) to new schedule 2, in Part 2, in the second column, in the entry relating to Regulation 71, leave out ‘eleventh’ and insert ‘fifteenth’.
Government new schedule 3—Combination of polls: Wales.
Amendment (a) to new schedule 3, in paragraph 15, leave out sub-paragraph (1) and insert—
"(1) The official poll cards used for the referendum and the Assembly elections must be combined for all electors qualified to vote in all the polls.’.
Amendment (b) to new schedule 3, in paragraph 17, leave out sub-paragraphs (1) and (2) and insert—
“(1) Separate ballot boxes must be used for the referendum to that used for the Assembly elections.
(2) Each ballot box must be marked to show—
(a) the referendum or Assembly election to which it relates, and
(b) the colour of ballot papers that should be placed in it.’.
Amendment (c) to new schedule 3, leave out paragraph 18 and insert—
“18 (1) The Chief Counting Officer shall select the colour of the ballot paper used for the referendum.
(2) The other ballot papers used for the Assembly elections shall be of a different colour from that selected by the Chief Counting Officer.’.
Amendment (e) to new schedule 3, in paragraph 45, at the end of sub-paragraph (3) insert
‘or
(c) the person is a Member of Parliament.’.
Amendment (f) to new schedule 3, in paragraph 47, in sub-paragraph (1)(d), leave out ‘separate’ and insert ‘keep separate throughout’.
Amendment (g) to new schedule 3, in paragraph 49, sub-paragraph (1), at the end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (h) to new schedule 3, in paragraph 49, at the end of sub-paragraph (1), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (i) to new schedule 3, in paragraph 49, at the end of sub-paragraph (3), at end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (j) to new schedule 3, in paragraph 49, at the end of sub-paragraph (3), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Government new schedule 4—Combination of polls: Scotland.
Amendment (a) to new schedule 4, paragraph 15, leave out sub-paragraph (1) and insert—
“(1) The official poll cards used for the referendum and for the Scottish parliamentary election must be combined for all electors qualified to vote in all the polls.’.
Amendment (b) to new schedule 4, paragraph 17, leave out sub-paragraphs (1) and (2) and insert—
“(1) Separate ballot boxes must be used for the referendum to that used for the Scottish parliamentary elections.
(2) Each ballot box must be marked to show—
(a) the referendum or parliamentary election to which it relates, and
(b) the colour of ballot papers that should be placed in it.’.
Amendment (c) to new schedule 4, leave out paragraph 18 and insert—
“18 (1) The Chief Counting Officer shall select the colour of the ballot paper used for the referendum.
(2) The ballot papers used for constituency or regional ballots shall be of a different colour from that selected by the Chief Counting Officer.’.
Amendment (e) to new schedule 4, in paragraph 42, at the end of sub-paragraph (3) insert
‘or
(c) the person is a Member of Parliament.’.
Amendment (f) to new schedule 4, in paragraph 46, in sub-paragraph (1)(d), leave out ‘separate’ and insert ‘keep separate throughout.’.
Amendment (g) to new schedule 4, in paragraph 48, at the end of sub-paragraph (1) (a)insert
‘containing ballot papers for the referendum vote.’.
Amendment (h) to new schedule 4, in paragraph 48, at the end of sub-paragraph (1), at end of sub-sub-paragraph (1)(b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (i) to new schedule 4, in paragraph 48, at the end of sub-paragraph (3), at end of sub-sub-paragraph (a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (j) to new schedule 4, in paragraph 48, at the end of sub-paragraph (3), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
Government new schedule 5—Combination of polls: Northern Ireland.
Amendment (a) to new schedule 5, leave out paragraph 12 and insert—
“12 (1) The Chief Electoral Officer shall select the colour of the ballot paper used for the referendum.
(2) The ballot papers used for any relevant elections shall be of a different colour from that selected by the Chief Electoral Officer.’.
Amendment (b) to new schedule 5, in paragraph 14, leave out sub-paragraph (1) and insert—
“(1) The official poll cards used for the referendum and for the relevant elections must be combined for all electors qualified to vote in all the polls.’.
Amendment (c ) to new schedule 5, in paragraph 15, leave out sub-paragraphs (1) and (2) and insert—
“(1) Separate ballot boxes must be used for the referendum to that used for other relevant elections taking place on the same day.
(2) Each ballot box must be marked to show—
(a) the referendum or relevant election to which it relates, and
(b) the colour of ballot papers that should be placed in it.’.
Amendment (e) to new schedule 5, in paragraph 31, at the end of sub-paragraph (3) insert
‘or is a Member of Parliament.’.
Amendment (f) to new schedule 5, in paragraph 32, in sub-paragraph (1)(c), leave out ‘separate’ and insert ‘keep separate throughout.’.
Amendment (g) to new schedule 5, in paragraph 33, at the end of sub-paragraph (1)(a), insert
‘containing ballot papers for the referendum vote.’.
Amendment (h) to new schedule 5, in paragraph 33, at the end of sub-paragraph (1)(b) insert
‘containing ballot papers for the referendum vote.’.
Amendment (i) to new schedule 5, in paragraph 48, at the end of sub-paragraph (3)(a) insert
‘containing ballot papers for the referendum vote.’.
Amendment (j) to new schedule 5, in paragraph 48, sub-paragraph (3), at end of sub-sub-paragraph (b) insert
‘containing ballot papers for the referendum vote.’.
The First Deputy Chairman
It is all dependent on how long this particular set of new clauses and schedules are talked to. Clearly, if we get to them before the knife is reached at 11 o’clock, they will be taken with the amendments, but that changes if we go beyond 11 o’clock.
Chris Bryant
It will get a semi-serious response; I do not want the hon. Gentleman to worry about this. I merely wish to remind him that the Deputy Leader of the House, who is sitting next to him, has said:
“I am saying that every Member of this House has the right to express their opinion before this House in whatever way they feel is appropriate and to be listened to.”—[Official Report, 19 January 2010; Vol. 504, c. 173.]
I am sure that the Deputy Leader of the House still feels that that is true.
Mr Harper
I agree, and indeed we did listen to the hon. Gentleman at length—I am just not sure that what he said would not have been improved had it been a little more brief. [Interruption.] It is a jest; do not take it so seriously.
As the hon. Gentleman said, the new clause and the new schedules are fairly sizeable. I am not going to labour the discussion on them, but they are important and so I shall go through them in some detail—I hope not to detain the House for longer than is absolutely necessary. They are required to provide that the referendum on the voting system can be combined with the eight different elections or local referendums across the UK that could take place on 5 May 2011. The “combination amendments”—I use a collective noun for them—consist of one new clause and four schedules. There is a schedule to deal with the combination with elections or local government referendums for each of England, Wales, Scotland and Northern Ireland. Each schedule is divided into three parts: part 1 deals with general provisions; part 2 deals with postal voting provisions; and part 3 deals with forms.
I think it is helpful to state that we decided not to include the combination provisions in the Bill when it was introduced on 22 July in order, as we said then, to allow us time to work with the Electoral Commission, the Association of Electoral Administrators and others in government, particularly those in the territorial offices, to make sure that if we did hold the referendum on the same day as elections, notwithstanding the arguments that Members of the Committee have made about whether or not we should do so, those polls would be well conducted and well run.
Our general approach has been to adopt a consistent approach for the referendum across the UK, but we have recognised that in some areas there is a need for variation to reflect local circumstances. For example, following consultation with the Scotland Office, the Wales Office and the chair of the interim Scottish electoral management board it became apparent that it would make the conduct of the referendum and elections easier for administrators if, in Wales and Scotland, the referendums were run on the same respective boundaries as the Welsh Assembly and the Scottish parliamentary elections. Appropriate provisions were consequently added to the Bill following a successful Government amendment last Monday and further provisions to support this are included in new schedules 3 and 4.
I am conscious that this is a sizeable set of amendments and it is only right and proper that we should go through them in some detail, so let me set them out for the benefit of the Committee. At the end of my remarks I shall say something about the territorial orders, so if the hon. Member for Rhondda (Chris Bryant) feels the urge to intervene on me about that point, I want him to know that I will get to it and, if he will hold his horses, I will set it out.
New clause 20 provides that the referendum on the voting system will be combined with the following polls, which are scheduled to take place on 5 May next year: elections to the Welsh Assembly, elections to the Scottish Parliament, elections to the Northern Ireland Assembly, local elections in England, local elections in Northern Ireland, mayoral elections in five local authorities in England and parish elections in England. There is also a strong likelihood that there might be some local mayoral referendums in England on 5 May and we have included provisions to allow those polls to be combined with the referendum.
New clause 20 includes provisions on parish elections, which reflect the commitment that I made to my hon. Friend the Member for South West Bedfordshire (Andrew Selous) on Second Reading. In England, parish council elections will be combined with the local elections and the referendum on the voting system and not postponed for three weeks. The Government’s decision takes into account the positive impact on turnout and the savings that can be made by combining these polls. Before making that decision, I was reassured by the Electoral Commission and the Association of Electoral Administrators that it would be possible in practice to combine the referendum, local elections and parish council elections on 5 May. I understand that that position is also supported by the National Association of Local Councils.
Subsection (6) of new clause 20 provides that, with the exception of the polls I have mentioned, no further polls will be combined with the referendum if they are arranged for 5 May. If there are any other unscheduled polls, such as a UK parliamentary by-election or a local government by-election in Wales, that run on separate boundaries, they will be run as separate elections, which will be easier and more straightforward for electoral administrators.
New schedule 2 sets out the provisions for the combination of the referendum with local parish and mayoral elections and local government referendums in England. I can advise the Committee that the majority of these provisions mirror those that already exist for combining polls under the various combination rules included under relevant pieces of legislation, such as the “Mayoral Elections (Combination of Polls) Rules” set out in schedule 3 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007. I fear that I might refer to similarly exciting-sounding parts of the legislative book during this debate.
Part 1 of new schedule 2 contains the following provisions, which I am sure that the Committee will be interested to note. Paragraph 3 provides that at a combined poll, a counting officer will be able discharge a number of the functions for which a returning officer would usually be responsible at an election. In short, it means that those functions that are discharged by referendum counting officers, such as the provision of polling stations, appointment of poll clerks and issuing of combined poll cards, will automatically determine practice at both polls. We have allowed for decisions on most core functions that relate to the conduct of a combined poll to be made at the discretion of the counting officer. That follows the approach taken in existing combination legislation that when polls are combined, certain functions in relation to the conduct of both polls are carried out by one officer.
There are two key exceptions. The printing of the ballot paper for the election polls will remain under the control of returning officers. Decisions about whether or not to combine postal ballot packs will be made through the counting officer agreeing a position with the relevant returning officer. The latter position ensures that decisions will be made in accordance with local needs. There are situations in which combining those postal ballot packs would simply not be practical and legislating for counting officers and returning officers to do things that are simply not practically possible does not seem to be very sensible.
Paragraph 5 provides that the cost of the combined polls will be equally apportioned between them. For example, in the case of a combined referendum on the voting system and local government elections in England, the cost would be split 50:50 between the Consolidated Fund and the local authority concerned.
Paragraph 9 permits the counting officer to decide whether combined corresponding number lists should be used for the combined polls. Paragraph 11 provides that the notice of poll for the combined elections should be published
“not later than the 15th day before the date of the poll.”
The 15-day deadline is necessary to ensure that a consistent approach is taken for all the polls that we are combining on 5 May.
Paragraph 15 provides that the ballot papers used for the referendum must be a different colour from the ballot papers used for any combined poll, thereby preventing any risk that voters might confuse the ballot papers. Paragraph 16 provides clarity that the polling stations that the counting officer chooses for the referendum will be used for all combined polls taking place in the voting area.
Mr MacNeil
On the use of separate ballot boxes, if a voter happens to put both papers in one or other of the ballot boxes, will that be cleared up at the polling station simply by transferring the relevant paper to the right pile?
Mr Harper
Clearly, as is common with combined polls, the verification procedure, which I shall discuss later, will make sure that verification is complete for all polls before any election results are declared, so that there will not be problems if a whole load of ballot papers are suddenly found in the wrong box. That provision is fairly consistent with what happens now in combined elections.
Mr MacNeil
Will the Minister clarify that point? When he says “verification”, does he mean “counting”, with a declaration of the result after both polls have been counted, or does he mean that the papers will be separated to ensure that they are in the right place and that, in Scotland, votes for the Scottish Parliament will be counted and declared before people get around to counting and declaring the result of the referendum?
Mr Harper
Yes. The verification of both the referendum and election ballot papers will take place first; it will not be necessary to count the referendum papers at that point, but they will have to be verified to make sure that no election ballot papers have inadvertently been put in the wrong box. That is what happens with combined general and local elections now: local election votes do not have to be counted before general election votes can be counted and the result declared, but both sets of papers have to be verified to ensure that all the general election papers are in one place and that the result is accurate. That does not hold up the declaration of results, which, quite importantly for all the devolved Assemblies, will be wanted as soon as possible. When I come to that issue, the hon. Gentleman can jump straight in if he thinks I have not been clear.
Following our debate in Committee on 18 October, I confirm that a large-print version of the ballot papers for each of the relevant polls, including the referendum, must be displayed at all polling stations. Paragraph 20 provides that at a combined poll:
“The large version of the ballot paper displayed…must be of the same colour as the ballot papers to be used for the referendum.”
Paragraphs 27 to 34 permit the counting officer to use the same copy of the register for each poll to combine the various lists that are produced for proxy voters, the votes marked by the presiding officer, the list of voters with disabilities assisted by companions and the tendered votes list.
Paragraph 36 sets out the procedure that presiding officers must follow at the close of poll. That includes rules on the packets that need to be made up and sent to the counting officer after the poll has closed. Provision is included to ensure that certain documents relating to each poll are not combined with documents relating to any other poll. That applies to unused or spoilt ballot papers, tendered ballot papers and certificates as to employment on the day of the poll.
Paragraphs 38 to 45 set out the Government’s policy for the verification and count procedure at a combined poll. The combination amendment does not specify the timing of the count for any of the polls, to ensure that there is flexibility for votes on the ballot papers for the elections to be counted before those for the referendum. The combination rules for the verification and count process make it clear that once ballot papers have been received from polling stations, they have to be taken out of the ballot boxes and separated into piles for each poll. Before the votes on ballot papers for any poll can be counted, the counting officer or relevant returning officer must ensure that the ballot papers from a ballot box are mixed with the ballot papers for that poll from a different ballot box, and that postal ballot papers are mixed with ballot papers for that poll from a ballot box. If the counting of votes for any poll has not commenced by the time the verification process has been concluded, the ballot papers for that poll must be sealed up and retained by the counting officer in the case of referendum ballot papers, or delivered to the relevant returning officer, who will be responsible for storing the ballot papers securely until the count takes place.
Paragraph 46 provides that the verification process for all combined polls must have been completed before the declaration of any counts. Although we are aware that that may delay the declaration of a count, we believe that given the number of polls taking place the requirement is essential to ensure that all the ballot papers have been correctly accounted for, thereby ensuring the integrity of the count. Clearly, as with combined elections, having to do all the verification may mean that the result is a little delayed, but it will not mean that we have to wait for the referendum to be counted before the election count.
Paragraphs 48 and 49 set out the arrangements for ensuring that the counting officer and returning officer seal up all relevant papers in appropriate packets after the poll, and deliver them to the relevant registration officer. All documents that have been combined will be sealed together and sent by the counting officer to the relevant registration officer. Where it has been decided to use separate lists for each poll, the documents will be sealed in separate packets and delivered to the relevant registration officer by either the counting officer for the referendum or the returning officer for the relevant election.
We have specifically provided that in the event of legal proceedings arising on the referendum and/or relevant election, the court can make an order for the production of combined documents relating to the poll or polls.
Chris Bryant
I am grateful to the Minister for going through in some detail the large number of pages containing the amendments, new clauses and new schedules. The register for local elections in England will be different from the register used for the referendum, and from the register in Wales. The Government’s provisions suggest that there should be just one register in each polling station and that some kind of mark will be made somewhere to suggest who has had, and who has not had, each of the ballot papers. Is he confident that that will meet the requirement to make sure that nobody has a ballot paper to which they are not entitled? How will the returning officer make sure that the list of voters who have voted, or who have been given ballot papers, is accurately provided to the regional counting officer and then the counting officer, as well as to the local authority?
Mr Harper
The hon. Gentleman makes an important point. We are confident that the provisions will work appropriately. Combining the referendum with the elections may be controversial—although more for issues relating to the mechanics of the election—but it is not as though we never hold combined elections. We hold combined general elections and local elections, which have different franchises. There may be the odd problem, but in the main they work well, so this is not a new departure for those who run elections. We are confident about the rules, which we reached after close working with the Electoral Commission, which is responsible for running the referendum, and the Association of Electoral Administrators, which is responsible for delivering elections. They are confident that we have come up with a set of rules that maximise the ability of all individuals on the ground to run a smooth set of combined polls on 5 May 2011.
Part 2 of new schedule 2 includes provisions for the issue and receipt of postal ballot packs. The provisions apply existing legislation and make the necessary modifications. When read together, they set out the Government’s policy that the proceedings on the issue and receipt of postal ballot papers can be combined if returning and counting officers think fit. They also set out how the procedure works when papers are combined and when they are issued separately; the procedure and timing for the issue and receipt of postal ballot papers; the persons who are entitled to be present at proceedings on receipt of postal ballot papers for both the referendum and the relevant election; and the procedure for forwarding and retaining documents relating to the postal voting process—for example, postal voting statements, the proxy voters log and the postal voters list.
Part 3 of new schedule 2 sets out the combined forms that can be used for the purposes of the combined polls. The forms include corresponding number lists, postal voting statements, guidance for voters and a certificate of employment. As is the case for forms contained in the referendum rules, the Electoral Commission will be able to modify the forms for the purpose of making them easier for voters to understand or use.
I can confirm to the Committee that equivalent provisions with necessary modifications to take into account local needs have been provided for the combination of polls in Wales, Scotland and Northern Ireland under new schedules 3, 4 and 5.
Mark Tami (Alyn and Deeside) (Lab)
Before we move off the subject, a person applying for a postal ballot might automatically assume that by doing so they will get one for all elections. Is that so, or must they apply separately for a postal ballot for each poll?
Mr Harper
I do not want to anticipate the debate that we will have on the proposals of the hon. Member for Rhondda, but we have said that someone’s standing postal vote application for parliamentary elections will trigger their postal vote for the referendum. It is the same franchise, and we thought that that was a better way around the problem than insisting that all those with a standing postal vote application for a parliamentary election apply for a new postal vote specifically for the referendum. We wanted to maximise the opportunities for people to take part rather than have people who miss out because they did not realise that they needed to apply for a new postal vote. We have ensured that if people already have a standing postal vote for a parliamentary election, they will get one for the referendum.
Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)
In response to my hon. Friend the Member for Alyn and Deeside (Mark Tami), the Minister specifically mentioned people who have a postal ballot for parliamentary elections. My recollection of the paperwork that is issued in Scotland is that electors tick boxes to say that they want a postal ballot for all elections. That might seem like a nit-picking point, but will the Minister confirm that by ticking a box marked, “All elections,” people will be entitled to receive a postal ballot for the referendum?
Mr Harper
My understanding is that if people are entitled to, or have applied for, a postal vote for a parliamentary election and tick the box marked “All elections”—that is a common way of asking that question in England as well as in Scotland—and if they are on the list for parliamentary elections, they will get a postal vote for the referendum. I am sure that if I have got that wrong, inspiration will strike me and I can correct my answer.
Andrew Gwynne (Denton and Reddish) (Lab)
Of course, in England on 5 May, we will have not parliamentary elections, but local elections. What assessment has the Minister or the Cabinet Office made of the number of people who are registered only for council election postal votes?
Mr Harper
Clearly, we do not need to have a parliamentary election—registration for a permanent postal vote for a parliamentary election will automatically trigger the postal vote for the referendum. What happens if a person is registered for a postal vote only for local elections depends on whether the postal ballot packs are combined.
Mr Tom Harris (Glasgow South) (Lab)
Can the Minister clarify the situation for next May? Is it conceivable that large numbers of voters in England—this probably will not happen in Scotland—will be sent automatically the referendum ballot paper but not a council ballot paper? People might have to go to the polling station to vote for their councillor, and yet be able to vote only by post in the referendum. Has the Cabinet Office made any calculation of how many people that will affect?
Mr Harper
If we were not having a referendum and were having only local council elections in England—I shall refer to England, as that is what the hon. Gentleman’s question was about—people would not get a postal vote if they had not asked for one, or if they were not registered for a permanent one. If they were registered for a postal vote for a parliamentary election, that would come automatically, but that would not in any way reduce their ability to participate in local elections, as they had not asked for a postal vote.
Mr Harris
There is a corollary to what the Minister says, then. If people are registered to vote by post for a parliamentary election, and they then receive the ballot paper for the AV referendum, is it not likely that they will fill in that ballot paper without going to the polling station in order to cast a vote in the local council elections, thereby deflating turnout in the local council elections, which are extremely important?
Mr Harper
I am not sure I agree with the hon. Gentleman. I am not sure that voting in the referendum by post would make someone less likely to go and vote in their local council elections, as long as they were clear about what was going on. We have been clear, and the Electoral Commission has been clear—
Mr Harper
Let me finish responding to the intervention before I take another one. It is important that people are clear about what is going on. The Electoral Commission has said that one of its key responsibilities, as well as running the referendums, is to make sure that clear guidance is issued to those conducting elections and that there are clear communications to electors. The commission will send a booklet to every household to explain to people the elections and referendum that are taking place, so that people are clear about what is happening. The point raised by the hon. Member for Glasgow South is well made.
Andrew Gwynne
My concern is the opposite to that of my hon. Friend the Member for Glasgow South (Mr Harris). Plenty of people in England will be registered for a local election postal vote, but not necessarily for a parliamentary election postal vote. They will get a ballot paper for the 5 May council elections, but not for the referendum. How is that right?
Chris Ruane
I thank the Minister for giving way. Right, here we go: what would happen in Wales if an elector were registered for a postal vote at European elections, not for a postal vote at parliamentary elections, for a postal vote at Welsh Assembly Government elections, and for a postal vote at local government elections? Whatever the Minister says, will the public understand it?
Mr Harper
If such a voter had elected to register for a permanent postal vote for every possible election except a Westminster parliamentary one, they would clearly have had a good reason for doing that, so our proposal that the UK parliamentary franchise be used makes sense. I do not think the hon. Gentleman makes a sensible point.
Ms Louise Bagshawe (Corby) (Con)
Does my hon. Friend agree that there is deliberate obfuscation going on, given that some citizens eligible to vote in local elections are not necessarily eligible to vote in Westminster elections—for example, European nationals, whom we would not wish to vote in the referendum anyway? Contrary to the intervention by the hon. Member for Glasgow South (Mr Harris), is not one of the biggest predictors of voting whether someone has voted before? Is not the existence of the referendum therefore more likely to increase, rather than depress, turnout in local elections?
Mr Harper
My hon. Friend is spot-on. To be frank, I think that voters are perfectly capable of working out what elections or referendums are taking place. Voters in Wales will have had some warm-up practice in March, because they will have had an important referendum on the powers that the Welsh Assembly Government should have. They will therefore have had the opportunity to think about whether they want an absent vote. That will mean, I am sure, that at the front of their minds, as they approach the elections and referendum on 5 May, they will be thinking hard about whether they will be around and able to vote in person, or whether they should apply for an absent vote. At least in Wales, therefore, what the hon. Member for Glasgow South suggests might happen is unlikely to do so.
Now, where did I get to? [Laughter.] There have been so many interventions. I suspect that it was nice for everyone to break up the monotony of my voice reading out these exciting provisions, so I am happy to have taken those criticisms from the Committee.
Given that the provisions in schedules 3 to 5 are largely consistent with those I have outlined for England, I am sure that the Committee will be relieved to hear that I do not intend to go through their contents in the same detail. However, I will go through some of the key provisions we have made for Scotland, Northern Ireland and Wales. As I confirmed earlier, we have amended the definition of a voting area for the referendum as it applies in Scotland and Wales to provide that the referendum is to be run on the same respective boundaries as Scottish parliamentary and National Assembly for Wales elections. That will help with the administration of the elections, as the officials involved in delivering them have said.
We have kept the provisions on the timing of the count silent in the legislation to allow sufficient flexibility for the counts for the devolved elections to take place prior to the referendum count. We have based the postal voting provisions in part 2 of schedules 3 and 4 on those that apply for Welsh Assembly and Scottish parliamentary elections, making modifications where necessary to take account of the referendum. That will ensure that small differences in regional practice on postal voting will carry through to the referendum.
Chris Bryant
But why? Why should there be variations in postal vote practices around the country for a UK-wide referendum?
Mr Harper
It is because we are combining it with elections that are different in different parts of the UK. Picking up on points that hon. Members were making earlier, I can say that the poll cards issued will confirm the voting arrangements that will apply to a particular elector for each poll. They will explain to electors the arrangements in place, and people will be able to apply to the registration office to vary their postal voting arrangements up until 11 days before the poll, or six days before the poll where a proxy vote takes place. That will be helpful.
The Committee will want to be aware—certainly the hon. Member for Rhondda will—that I can confirm that all the new orders have been laid by the territorial offices today to update the rules for the elections to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales. Given that the combination amendments just discussed are based on existing legislation, as is usual practice, any consequential amendments reflecting those new territorial orders will be tabled for debate on Report next week, as I said last week.
Pete Wishart (Perth and North Perthshire) (SNP)
Will the Minister detail to the Committee what discussions and consultation he has held with the Scottish Government, the Welsh Assembly and the Northern Ireland Assembly prior to the orders being laid?
Mr Harper
I am not sure whether the hon. Gentleman was here when we had a slight rehearsal of this discussion at the beginning of our sitting, but the hon. Member for Rhondda asked me what discussions I had had about the conduct of the referendum in the devolved nations and about the arrangements for the combined polls, and I made the point to him that arrangements for elections in Scotland, Wales and Northern Ireland are the responsibility not of Ministers in the devolved nations, but of the territorial Secretaries of State.
I also pointed out to the hon. Gentleman that I had written to explain how we would lay and handle the combination amendments. I wrote not just to Opposition Front Benchers and Members who had expressed an interest, but out of courtesy to the leaders of every party represented in the devolved Parliament and Assemblies in order to keep them confirmed.
I said also that my right hon. Friends the Secretaries of State for Scotland, for Wales and for Northern Ireland have had discussions with representatives of the Administrations in each country about the combined elections, although it is fair to say that they all said to me—I shall not go through the issue in detail, because we had this debate at length on day one of Committee—that they were not happy with the combined poll.
Pete Wishart
Is it fair to characterise the Minister’s response as “No consultation with the Scottish Parliament, Welsh Assembly or Northern Ireland Assembly”? Would that be roughly right?
Mr Harper
No. The conduct of elections is currently the responsibility of the territorial Secretaries of State. I also made the point to the hon. Gentleman’s colleague, the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who was here at the beginning of our sitting, that with the Calman recommendations, the administration of elections in Scotland is proposed to be devolved to the Scottish Government. Clearly, if such elections were to take place in future, the Scottish Government would be very involved, but at the moment the responsibility for the administration of each election is that of the Secretary of State, not of the devolved Administrations.
Mr Howarth
Given the procedure that the Minister has just described, can he assure me that under the orders to which he has referred, the process in Scotland, for example, cannot differ from that in England, Northern Ireland or Wales? If it can, it might change the terms on which people in each part of the United Kingdom are able to engage in a referendum.
Mr Harper
I am not sure that I follow the right hon. Gentleman. Clearly, there will be some differences. One difference I outlined is that, because the referendum is being combined in Scotland with Scottish parliamentary elections, the voting areas and conduct of the elections will be based on Scottish parliamentary constituencies. That will clearly be different in Wales, where they will be based on Welsh parliamentary constituencies, and in England the referendum will be conducted according to local government boundaries, all so that we can combine the elections in the most sensible way, which is what the administrators wanted us to do.
Mr Howarth
I understand that, but I had in mind the question: is there any way in which the qualification for taking part in a referendum might inadvertently be changed by that process?
Mr Harper
No. The franchise—those who can take part in the referendum on the voting system—are those people entitled to vote in Westminster parliamentary elections and, before the hon. Member for Rhondda jumps up, the small amendment that we have made, the addition of peers. The franchise is the same throughout the United Kingdom, so those entitled to vote in Westminster elections will be able to vote; the issue is simply to do with the mechanics of administering the polls to ensure that the elections are conducted using the most administratively sensible process.
Margaret Curran
The Minister may not be aware, but I am still a Member of the Scottish Parliament, and I feel obliged to point out to him that throughout the Parliament there are concerns about the coalition Government’s decision to hold the referendum on the same date as Scottish Parliament elections. People across the political spectrum in Scotland profoundly feel that that is a great disrespect to the Scottish Parliament, and I say that with great authority.
Mr Harper
If the hon. Gentleman will forgive me, I will come to him when I have completed this point.
We recognise that there is a different qualitative issue raised by the combination of the general election and these elections. As I have said in previous debates, we are thinking about how that issue may be dealt with, and we will come back to the House and the devolved Administrations in due course.
Chris Bryant
It seems extraordinary that the Government are taking this attitude in relation to consulting the devolved Administrations about their own elections. I fully understand that they do not have legislative competence for that matter—it is a competence reserved to Westminster—but it would be common human decency to be able to consult them. In the past, the Minister has tried to argue that he wanted to tell this House before he told anybody else. However, he knows perfectly well that through the Joint Ministerial Committee there are provisions for the Government to speak to the Welsh Assembly Government, the Executive in Scotland and so on. There is no reason why he could not have used those processes perfectly well.
Mr Harper
Hang on: let me deal with one intervention at a time.
My understanding—I am sure that this is the case—is that this issue has been raised at the JMC; I am sure that I will be corrected if it has not. Moreover, one would be having these conversations not only with the Administrations but with the Parliaments and Assemblies themselves. I know that some of those conversations have taken place. For example, my right hon. Friend the Secretary of State for Wales has had a communication from the Presiding Officer of the Welsh Assembly making it clear that its Members did not want the date of the Assembly election changed.
Cathy Jamieson
I think that the Minister said that the Scottish Parliament and the other devolved Assemblies had not taken a formal position by means of passing a resolution. Is he therefore suggesting that should, say, the Scottish Parliament pass such a resolution, he would change his mind?
Mr Harper
No, I was not suggesting that at all; I was simply making the point that they have not done so. However, let me save them time and trouble by saying that if they do, it will not make us change our minds, so they can focus on the important issues that voters will be concerned about.
Mr MacNeil
Does the Minister find it a bit rich—I know I do—that Labour Members, particularly those who are still Members of the Scottish Parliament, argue day in, day out against more powers for the Scottish Parliament, yet suddenly, when party politics are involved, try to score points by saying that they want more powers for the Scottish Parliament? They should stick to their principles and not play party politics with the issue when they are here. We should give power to the Scottish Parliament similar to that for the Isle of Man, at the very least.
Mr Harper
I am very grateful to the hon. Gentleman. I will not add to his point, but I am now slightly envious that I am not a Member of the Scottish Parliament too, and so cannot indulge in such debates on a daily basis. I now know what I am missing out on by not participating in Scottish politics.
In answer to the hon. Member for Rhondda, I can confirm that these issues have been discussed at the JMC. If he does not believe that they have, I will happily write to him and give him the details.
Chris Bryant
To be honest, I do not want the Minister to write to me, I want him to consult the respective Executives in—[Interruption.] The hon. Member for Na h-Eileanan an Iar (Mr MacNeil) should calm down. The Government are ensuring that he has his own rotten borough, so he does not have to worry about the Bill.
I want to ensure that consultation happens properly. We rightly insist that before any European Union legislation is brought in we should have 10 weeks to do our proper parliamentary duty, and the same should apply to the Welsh Assembly, the Scottish Parliament and the Northern Ireland Assembly. The Minister is deliberately eliding two concepts. Raising the matter at the JMC is one thing, but consulting expressly on written documents, which has not happened in relation to any of these issues, is something else altogether.
Mr Harper
The hon. Gentleman said that he wanted to ensure that these issues had been discussed, and they have been raised and discussed at the JMC. The devolved Administrations probably still disagree with the Westminster Government’s decision, but the matter has been discussed. He is not making a very sensible point.
Mr Harper
It certainly does have that experience, which is why we looked closely at the conclusions in the Gould report. In an earlier debate I made it clear that although Ron Gould—he of the said report—said that combination would not have been his first choice, he was clear that combining a simple yes/no referendum and the Scottish parliamentary elections was likely to be a much more straightforward proposition than what happened in the elections to which the hon. Gentleman refers. Ron Gould did not believe that the same problems would occur.
Jim McGovern (Dundee West) (Lab)
I can assure the Minister that I am not going to rant and rave like the hon. Member for Na h-Eileanan an Iar (Mr MacNeil). The Minister says that a referendum and a parliamentary election on the same day are acceptable, but that seems to imply that only two votes will take place on the same day. However, there will be a first-past-the-post vote for the Scottish Parliament, a list vote for the Scottish Parliament and a referendum. He is possibly misleading Parliament—not intentionally—by implying that there will be only two votes.
Mr Harper
No, we have added one extra vote to what would otherwise have taken place, and it will have a simple yes or no question rather than a complex electoral system. Like the hon. Member for Na h-Eileanan an Iar in an earlier debate, the hon. Member for Dundee West (Jim McGovern) is doing his fellow Scots a disservice by suggesting, albeit obliquely, that they are not capable of making a decision in the referendum as well as voting in the very important Scottish parliamentary elections.
Mr Harper
No, I do not think there is, actually. People are perfectly capable of laying out the prospectus on which they stand and the important issues on which they are campaigning in the elections to the Welsh Assembly, Northern Ireland Assembly and Scottish Parliament, and also joining the yes or no campaign on a voting system for this Parliament. That is not very complicated at all, and our voters will show us that we are underrating them if we take that view. Incidentally, next week, Americans will vote in an extraordinary number of elections—I shall pursue that thought only briefly, Mr Evans, for fear that you will rule me out of order—and they are perfectly capable of doing that, in the same way as voters here are perfectly capable of voting in two or three sets of elections next year.
Chris Bryant
The Parliamentary Secretary knows that the system that evolved in the United States because they have so many elections at the same time means simply pulling a Democrat or a Republican switch. Surely he does not intend to move to that system.
Mr McCann
Will the Parliamentary Secretary focus on the pertinent point about the 2007 elections in Scotland? Many elderly voters are extremely confused. I have many elderly constituents who are proud of having voted in every election since they were given the opportunity to do so. The introduction of new voting systems in 2007 made the ballot papers confusing for them, and they were disturbed by that. Does the hon. Gentleman accept that holding another vote on the same day as the Scottish elections will provide scope for confusion, and many people will therefore be disfranchised in the referendum?
Mr Harper
The hon. Gentleman would have a stronger point if we were talking about another set of elections with a new voting system, and putting everything on one ballot paper. However, we have examined the lessons in the Gould report and want to ensure that we combine the elections in such a way as to minimise the opportunity for confusion. Ron Gould said that combining elections would not be his preference—I am quoting him fairly—but he is confident that the scope for confusion is nothing like the situation in 2007. He is fairly confident that the elections and the referendum will be organised sensibly and competently. I think that our combination provisions achieve that.
Mr McCann
I am very grateful to the Parliamentary Secretary for giving way again. Does not he accept that in Scotland we will have a first-past-the-post election for the Scottish Parliament, the alternative vote system, and then we must explain to people that there is also a yes/no vote? It would be fine if we had only the yes/no vote—that is straightforward—but there are additional complications. Does not the point that he has just made concede my point? That is the point that he must grasp.
Mr Harper
No, because no new electoral systems will be invented next year. People will vote in the Scottish Parliament elections in the same way as they did previously, with the addition of a relatively simple yes or no question on the voting system for this House. Voters may prove us wrong, but I think that they are perfectly capable of making such decisions at the same time as voting in Welsh Assembly, Scottish Parliament or English council elections, and of differentiating the polls. Clearly, that requires good organisation on the ground and good communication. The Electoral Commission is aware of that; that is why it will write to every household to set out clearly in each of the devolved parts of the UK details of the elections that are taking place, the referendum and the procedures, so that people are clear about it. The yes and no campaigns obviously bear part of that responsibility too.
Mr Harper
I have dealt with the point that the hon. Member for East Kilbride, Strathaven and Lesmahagow (Mr McCann) made, perhaps not to his satisfaction, but at length. I have a few more sentences and I am done. Hon. Members can make their own speeches then. I have been reasonably generous in giving way.
The territorial orders were tabled today. When the Committee stage is complete we will table the amendments, as I promised hon. Members last week, so that the House can debate them to reflect the new territorial orders—
Mr Harper
The territorial orders have been laid before the House, and are therefore available to Members. They are not amendable, but it is possible for the House to vote them down, in which case we would simply revert to the combination provisions that we are discussing. If the House votes for them, and for our amendments next week, we will have been able to debate all the rules that will be in place next year, and will not have left it to their lordships.
Mr Harper
As I set out earlier in this debate, clearly it would not have been sensible for us to table changes to the Bill to reflect orders that had not yet been laid before the House, but they have been laid before the House today, so—[Interruption.] The hon. Gentleman says that they have not been agreed. I have said that they have not been agreed, but they have been laid before the House—both of them under the affirmative procedure, so they have to be voted for. If this House or the other place were to vote them down, we would revert to the rules that exist already. We would then be able to go back to the provisions that I am explaining today, which will have been debated in this Committee. Either way, this House will have had the opportunity, on this Bill, to debate the provisions that will be in place for elections next year. That is what I committed to arrange, and that is important.
Mr Harper
I know that the hon. Gentleman is going to find whatever convoluted way he can to try to pretend that that is not the case, but on any reasonable reading of the situation, we have ensured that before the Bill leaves this place, this House will have had the opportunity to debate the provisions, rather than leaving that to the other place.
Chris Bryant
It does not need to be convoluted; it is pretty straightforward. I presume that the Minister will agree with me that the law on combination of polls in Scotland, Northern Ireland and Wales next Monday will be precisely the same as it is today, so we will not be able to debate amendments to anything other than speculative legislation that will not have been carried by then and will therefore not be the law.
Mr Harper
It is correct that that legislation will not have been carried by the House, but it will be available for Members to debate. There are two scenarios: either the House will approve the orders that my right hon. Friends have laid before the House today—in which case the amendments that we will table once the Committee stage is finished, which we will debate on Report next week, will come into force—or the House will vote those orders down, in which case we will revert to what we are talking about today. In either situation, this House will have had the opportunity to debate those provisions—I suspect at length—and they will therefore not be left to the upper House.
We have tried hard to ensure that the elected House has been able to debate both the provisions on the referendum and those on boundaries. If I remember rightly, in the previous Parliament, in which I served, the Government of whom the hon. Gentleman was a member were not so fastidious about ensuring that this House was able to debate provisions. Significant pieces of legislation went to the other place without any debate at all on enormous portions of it. To the extent that it has been within the power of the Government, we have taken great care to ensure that by the time this legislation leaves this House next Tuesday, all the key issues will have been debated and voted on by this House. We may not have achieved perfection, but we have made a pretty good stab at it, and I have to say—honestly—that what we have done is a considerable improvement on much of what the previous Government did. I would ask Members to bear that in mind.
The provisions on postal voting in local elections in Northern Ireland are changed substantially by one of the orders laid today, so it would not have been sensible to deal with that in the current group of amendments. However, to finish on a point that I hope will bring the hon. Gentleman great cheer, I can confirm that no amendments will be necessary in relation to the combination provisions for Wales, as the changes to be made to the rules governing the conduct of the Welsh Assembly elections do not affect any rules relevant to combination with the referendum. On that note, which I am sure will gladden his heart, let me conclude by saying that the combination provisions that we have provided are necessary for the smooth running of all the polls that are scheduled to take place next May.
Chris Bryant
I am grateful to the Minister for giving us some of the detail on the amendments, although he has not given all of it, which is significant. I would like to start by picking up where he finished—on the due process that needs to be followed in relation to anything when it reflects the representation of the people, constitutional matters, or the constitutional relationship between Westminster and the devolved Administrations, but which has not, I believe, been followed in this case.
Of course, there should first be pre-legislative scrutiny, but, as we have heard, the Bill has had absolutely none. It is true that the Government published the Bill, but it exists not because of some grand constitutional principle but because of some naked partisan gerrymandering of a Bill. I am sure that if it had been published in pre-legislative form, so that a Committee of this House or a Joint Committee of both Houses had been able to consider it, that Committee would have said, right at the beginning, “You shouldn’t be spatchcocking together these two elements of the Bill”—[Interruption.] Or, “You shouldn’t be kebabbing the legislation in this way.” The Parliamentary Secretary helps me. It is not really spatchcocking; it is more kebabbing. It requires more of an inner-city image than a rural image; he is quite right.
Chris Bryant
Yes, and I not think anybody could call the Committee’s Chair a patsy. He is a man of fierce independence—sometimes overly fierce, and sometimes overly independent—and the Select Committee’s findings were extremely clear. It reported:
“The Government is determined to pass this legislation quickly in order that the referendum on the Parliamentary electoral system can take place in May 2011. However, we agree with the Political and Constitutional Reform Committee”,
which, incidentally, does not have a Labour majority on it either,
“that the Bill has been given insufficient time for proper scrutiny. ”
It continued:
“The Welsh Grand Committee gives all Welsh Members the opportunity fully to debate issues relating to Wales. That the Parliamentary Voting System and Constituencies Bill impacts significantly on Wales is clear. In the light of this, we consider the Secretary of State for Wales’s decision not to convene a meeting of the Welsh Grand Committee in this instance to be very disappointing.”
Conservative Members are attacking a Conservative Secretary of State for Wales. It seems extraordinary that the Committee has not had an adequate opportunity to consider the Welsh element of the Bill, particularly the Welsh elements that are before us this afternoon, which are extensive.
Let me make another point about the proper process that should have been observed. We believe in pre-legislative scrutiny and consultation on any constitutional Bill, but this Bill additionally affects elections in Wales, Northern Ireland and Scotland. The previous elections for the Scottish Parliament led to significant problems, which my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Mr McCann) mentioned. This shows how important it is to have proper consultation with each of the devolved Administrations. By that, I mean, first and foremost, consultation “from Government to Government” as it were—that is, the Westminster Government speaking to the Scottish Executive, to Ministers in Northern Ireland and to the Welsh Assembly Government. That could have happened confidentially on a “Government to Government” basis; there is absolutely no reason why that should not have happened.
As I understand it, prior to the comprehensive spending review, extensive confidential discussions took place between relevant Ministers so that Ministers in Wales, Scotland and Northern Ireland knew more than this House did about what elements would affect their budgets. I have no complaint about that happening with the comprehensive spending review; my argument is that it should apply to the devolved Administrations in respect of this Bill.
Mr Harper
As I have said in response to interventions from other Members, the devolved Administrations—and even the devolved Parliaments and Assemblies—do not have a role in delivering elections. Although, as I have said, the position will change for Scotland, the Secretary of State is responsible for administering elections. The hon. Gentleman may not like that, but it is the position and we have worked closely with the territorial offices to ensure that procedures for the referendum work closely with the procedures for elections. That is the position.
Chris Bryant
Of course I understand the legal position. Local elections may or may not be happening at the same time in Scotland, Northern Ireland and Wales—they will happen across Northern Ireland but perhaps only because of a by-election in Scotland or Wales—but the Assemblies have a degree of responsibility for the conduct of the elections to the Welsh Assembly, the Scottish Parliament and the Northern Ireland Assembly. The Bill decouples the Welsh Assembly constituencies from the parliamentary constituencies so that the Government are able to reduce the number of seats in Wales by 25%. I would have thought that that creates an additional need to consult.
I think that there should have been consultation at two levels. There should have been a degree of consultation at ministerial level, but, because these issues affect the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly in their entirety, it would have been common courtesy to consult the Assemblies and the Parliament as Assemblies and a Parliament. In respect of European legislation, we now have a standard and proper process of consultation between the relevant European Committees in the House of Commons and in Scotland, Wales and Northern Ireland. In respect of the Bill, however, there has been no adequate consultation either with the Parliament and Assemblies or with Ministers.
Chris Bryant
My hon. Friend is absolutely right. The proper process for a statutory instrument is that, first, consideration is given to whether it should be taken on the Floor of the House or in Committee. Given that all three of these statutory instruments relate to elections and are of a constitutional nature, my preference, and that of Labour Members, is for them to be taken on the Floor of the House and not in some Committee without general public scrutiny. Secondly, statutory instruments have to be considered by the Joint Committee on Statutory Instruments, which has a limited remit but can examine whether the affirmative or the negative resolution process should be used. Last week, as my hon. Friend rightly says, Ministers, including the Leader of the House, did not seem to have the faintest idea whether or not these would be subject to the affirmative procedure. I am glad to say that the Minister has now made it clear today—
Chris Bryant
He has now made it clear, and we are deeply grateful to him, that these instruments will be dealt with by the affirmative procedure. Indeed, my hon. Friend the Member for Cardiff West (Kevin Brennan) received a letter to that effect—I was copied into it—on Friday.
We also need to consider what their lordships should do. I contend that we should proceed steadily, rather than at a gallop, on constitutional reform. That means, first, that the Joint Committee on Statutory Instruments and the Merits of Statutory Instruments Committee in the House of Lords should go through their processes. We should then decide on the Floor of this House whether we agree the order, as should the House of Lords. That process is particularly important because these orders are not amendable and so we ought to ensure that we have a proper process in place before we reach the Report stage—I do not see how we can consider matters on Report until that has been done.
Chris Bryant
I am not quite so negative as my hon. Friend about returning officers, but the hon. Member for Epping Forest (Mrs Laing) had an excellent debate in Westminster Hall the other day—[Interruption.] She is not in her place at the moment, but I am sure she will be later.
Chris Bryant
Yes, I was gesturing to the hon. Lady as if she were there, because in spirit she is sitting just over the Minister’s shoulder, keeping a beady eye on him.
My point is that returning officers often have not only the law breathing down their neck, but elected Members who, in particular at the moment, are understandably worried about the financial situation. They will be wondering whether it is better to spend money on electoral registration, the proper running of election counts and buying more polling station equipment, or on keeping a swimming pool open. I understand the pressure on returning officers, who want clarity from Parliament, but sometimes, as my hon. Friend the Member for Glasgow South (Mr Harris) said, they are wrong.
Chris Bryant
The hon. Gentleman is a Liberal Democrat, and I am sure that he knows all about confusion, especially at the moment. I think that he is trying to quibble to end up with a position that he can proudly defend. In 2007, he would probably have been saying that the elections should not have been held at the same time, so he should be advancing the same argument now. However, I leave that for him and his conscience.
The Welsh Affairs Committee cited Lewis Baston, the senior research fellow with Democratic Audit, who argued that the coincidence in 2015—if the Fixed-term Parliaments Bill goes through in the way that the Government intend—of a general election with Assembly elections in Wales and parliamentary elections in Scotland is even more troubling because
“the elections for Westminster and the Assembly would be taking place on different systems”—
precisely the point made by the hon. Member for Argyll and Bute (Mr Reid)—
“on the same day and, more complicatedly, on two sets of boundaries which will hardly ever correlate with each other.”
I am absolutely certain that because the hon. Gentleman is a very honourable gentleman who is always consistent with his arguments, he will therefore vote against provisions in the Fixed-term Parliaments Bill whereby elections in Scotland and Wales are to be held on the same day as the general election. I can see from his smile that I already have his vote in relation to any such amendments.
I am sorry that I have been unable to deal with all the other amendments that we tabled on Wales, Scotland and Northern Ireland, but some of them merely repeat the other amendments to new schedule 2 as regards England. I hope that we will have an opportunity to vote on quite a number of these proposals.
Mr Harper
First, I will pick up several issues raised by the hon. Member for Rhondda (Chris Bryant) and other Members, and at the end of my remarks I will ask the Committee to vote for my new clause and new schedules and to vote against all the amendments tabled by the hon. Gentleman. For colleagues requiring a simple way of thinking about it, that is what I am asking them to do, and they can now choose whether they want to listen to the rest of my remarks.
Mr Dodds
The Minister says that he is going to recommend to his hon. Friends that they vote against all the amendments. Does that include the amendment about giving priority to the counting of votes for Assembly elections or local elections over the referendum, given that I seem to remember him saying that he would support such a provision?
Mr Harper
We had a debate on this earlier, but I do not think that the right hon. Gentleman was in his place at the time. If he can wait until I get to that section of my speech, I will discuss it then. However, we do not think that his amendment is necessary to achieve the outcome on which he and I agree.
Mr Tom Harris
When the Opposition expressed reservations about the rapidity with which the Government were pushing the Bill through, we were assured that a certain number of days on the Floor of the House would be given to the Committee stage to enable Members from all parties to express an opinion. The Minister is now saying that he is recommending opposition to every single amendment tabled by the official Opposition. Is this yet another example of openness and the new politics?
Mr Harper
I have said that I am going to explain why hon. Members should vote against the amendments; I think that there are very good reasons for that. I have listened carefully and at length to the hon. Gentleman, as I have on every day of these debates. I want to use this as a good opportunity to talk about these matters.
I am happy to admit that we may not have reached perfection, but when one considers how we have conducted ourselves on this Bill compared with what Labour did when in government, it is clear that we have made tremendous steps forward in allowing the House time to consider it. Last week the hon. Member for Rhondda referred to the Constitutional Reform and Governance Act 2010, which was a similar kind of Bill, and said we should have allowed a day for each clause of our Bill. If a whole day had been spent on each clause of the CRAG Bill, which had 95 clauses, we would have had 24 weeks of debate—and of course we did not. Entire new parts and several stand-alone clauses were added which bore no relation to any existing provisions in the Bill. Only six days in Committee were allowed for those 95 clauses, and only a single day to debate all the new clauses on the alternative vote. There were multiple knives in the programme motion to restrict debate, and only one day for Report. I am happy to accept that we may not be perfect, but we have made tremendous steps forward.
John Mann
Is the Minister daring to come to this House and suggest that failing to put this Bill into a proper Committee, with week after week of scrutiny—I would have been happy to serve on it, and to stay overnight as well if necessary—and railroading this gerrymandered Bill through Parliament is in some way democratic? How has he got the nerve to come up with such nonsense?
Mr Harper
By having a Committee of the Whole House, we have enabled every Member to be here. I have been here for all five days of debate, and enjoyed them tremendously. I am afraid that I cannot agree with the hon. Gentleman on this particular issue. If he wants to wait, however, he will find that, much to my surprise, I agree with several of his points about the amendments tabled by the hon. Member for Rhondda.
John Mann
But Members such as myself have tabled amendments, and because there has not been enough time, they have not even been scheduled for debate. The gerrymandering being attempted is not even being debated in the Committee, because of the timetabling. This collapsing coalition has put together a democratic outrage.
Mr Harper
That argument might be credible if I did not remember all the programme motions that the hon. Gentleman voted for in the last Parliament. Indeed, Labour Members opposed both the second programme motion on this Bill, which added six hours of debate, and the original programme motion, which ensured that we had more debate last week than we otherwise would have done. When we gave the Committee more time—to take account of the statement on the strategic defence and security review and the, quite rightly, lengthy statement on the comprehensive spending review—Labour Members voted against extra compensatory time. Labour never gave such compensation when we debated important provisions.
Mr Harper
I can see why my hon. Friend the Member for Gloucester (Richard Graham) was confused and tried to intervene on the hon. Gentleman. That was a very lengthy intervention, almost worthy of a speech.
We have made considerable provision for debate, and when the Government provide extra time, the Committee needs to debate a Bill sensibly. To be fair, most Members have done so, but I cannot help but observe that most of the extra time that we added for the past couple of days was almost entirely used up by the hon. Member for Rhondda. Rather than comment, I will let Members judge for themselves whether he used that time well.
Angela Smith
However much time the Government give the Bill on the Floor of the House, it will not make up for the lack of the pre-legislative scrutiny that it should have had.
Mr Harper
My hon. Friend the Member for Brecon and Radnorshire (Roger Williams) dealt with that point very well in his intervention. As my hon. Friend the Deputy Leader of the House has said, if there was pre-legislative scrutiny of everything at the beginning of a new Parliament, with a new Government having been elected, there would be a huge gap in the programme. He has made it clear that taking the Government’s programme as a whole, we will almost certainly end up allowing more scrutiny of draft Bills than any previous Government.
Angela Smith
With respect, is not a Bill relating to constitutional reform of such significance that the Government should have waited and gone through a pre-legislative scrutiny process before bringing it to the House?
Mr Harper
All that I can say is that we can examine the comparative records. In the last Session under the Labour Government only four Bills had pre-legislative scrutiny. We will end up with twice as many, so our overall record will bear comparison.
I am not sure whether he meant it, but the hon. Member for Alyn and Deeside (Mark Tami) accused us of putting the horse before the cart and proceeding at a gallop. I represent a rural area, so I think I have got this right: putting the horse before the cart seems to be the right thing to do, as does proceeding at a gallop. I do not see any problem with that.
Mr Harper
I will not, but I will of course correctly assign the comment to the hon. Member for Rhondda. It perhaps demonstrates that he needs to learn a little more about horses and carts before he makes such allusions.
The hon. Member for Rhondda mentioned combined elections and said that the Government had chosen the date of other elections for the referendum. I cannot help but observe that in both 2001 and 2005 the previous Government specifically chose to have general elections on dates when county council elections were already planned. They knew that in advance, and the elections were combined. They ran perfectly well and passed off without incident. I do not have any complaint about that, but for the Opposition to complain about our choosing to have a referendum on a date when there are other elections seems a bit rich.
Chris Bryant
I think I am right in saying that the hon. Gentleman has just said that the 2001 general election was held on the same day as the local elections. It was not: it was held in June, which was when I was first elected. That is yet another reason for him to resign.
Mr Harper
No, not at all, because the local elections were also held in June, because of the foot and mouth outbreak. Both sets of elections were moved, and they were on the same day, so it is the hon. Gentleman who should resign. I remember that very well, because my constituency was badly hit by the foot and mouth outbreak and the shambolic way in which it was handled by the Labour Government. That was one good reason why I was elected in 2005, and re-elected this year.
Kevin Brennan
On pre-legislative scrutiny, if we are going back to 2001, I will mention that the first Bill that I served on in that Parliament, the Adoption and Children Bill, went through a Special Standing Committee procedure. We had some evidence sessions before the Bill was considered in Committee. It would have been perfectly possible for that to happen with this Bill. Would not the opportunity to take evidence for a few days before Committee stage started—rightly, on the Floor of the House—have made the Bill stronger, and its passage through Parliament better informed?
Mr Harper
I have said both today and on earlier days that notwithstanding the short time available to it, the Political and Constitutional Reform Committee did a sterling job of taking evidence and producing a comprehensive report on the Bill. We have examined what it said with great care, even though we do not necessarily agree with it.
The other point that I would make on that subject is that at business questions last week, when some hon. Members were complaining about the amount of time available, an Opposition Member who speaks for her party from the Front Bench complained that we were allowing too much time. She said that it was not very helpful that the House was sitting late, and asked what we were going to do to make the hours of the House more “predictable and family-friendly”. I can only observe that there is a balance to be struck. Some Members think we should sit all night, but when we allow more time, others criticise us for making the House less family-friendly. Opposition Front Benchers cannot have it both ways.
I wish to pick up some of the points that the hon. Member for Rhondda made. He alluded to what I said about combining elections in Northern Ireland, and said that there was not currently any provision to do so. There is provision to combine local elections in Northern Ireland with UK parliamentary elections, and that already takes place, but there is no power in existing legislation to combine Northern Ireland Assembly elections with Northern Ireland local elections. If we did not have such provision in the Bill, they could not be combined and would have to be run separately.
The hon. Gentleman’s amendments seeking to remove the provision for combining elections would not prevent elections from happening on the same day. They would just make it impossible to combine them. They would have to be run completely separately, which would incur extra cost and more complexity. Returning officers and counting officers could not ensure that the arrangements for those elections were brought together to work more sensibly. Those proposals would therefore not take us any further forward. We would still have the elections, but there would be more cost and complexity. He does us no favours by suggesting that.
I made a point about poll cards earlier, but I shall repeat it, because it came up in the contributions of the hon. Gentleman and a number of other hon. Members. Poll cards will confirm the voting arrangements that will apply to particular electors. When they get their cards, electors will know whether they have a postal vote in place, which of the elections they are entitled to vote in, and therefore whether they need to apply for a postal vote for any of the elections. The fact that poll cards will have that information on them will be very helpful.
The hon. Member for Rhondda also mentioned some of the other elections that we propose to combine. I want to correct a small error. I think that I said that five mayoral elections were planned for next year, but the figure is four. I shall list the places for the hon. Gentleman’s benefit: Bedford, Middlesbrough, Mansfield and Torbay. It is possible that further mayoral elections or by-elections might take place next year, and our combination provisions would cover them.
The hon. Gentleman mentioned local government referendums. I understand that several petitions have been registered with local authorities about referendums for directly elected mayors. We think that at least some local referendums are likely to take place. If they are held on the same day, we and the administrators believe that it would be sensible to combine them.
I have already spoken about amendment (a) to new clause 20 to limit the combination of elections. The amendment would not stop the elections happening; it would simply mean that administrators could not take them together. That does not help. I understand the views of hon. Members who do not agree with combination, but we had a lengthy debate of around five and quarter hours about that on the first day of our Committee proceedings. We had the argument and the Committee made a decision. If we accept that the elections will take place on 5 May, the Government amendments intend to ensure that they work sensibly, instead of rerunning the debate about whether they should be held on the same day.
Chris Bryant
I understand the thrust of the Parliamentary Secretary’s remarks, but I am not sure that he is right. New schedule 2 refers to England, and although we discussed other elections in Wales, Scotland and Northern Ireland, we did not have a debate about whether English local elections should be held on the same day as the referendum.
Mr Harper
No, but we had a debate about whether the referendum should take place next May. If it does, it will be on the same day as the local authority elections. The Committee made a decision about the day on which it wanted the elections to take place—5 May.
Amendment (c) to new schedule 2 deals with the colour of the ballot paper. The current wording of new schedule 2 matches the version that is used in existing combination legislation, which has worked well for several years. The first sub-paragraph of amendment (c) is unnecessary. We do not believe that it is appropriate to give the chief counting officer first choice of colour for the ballot paper for the referendum, partly because of showing respect to the other polls on that day. I cannot remember who raised the point, but there may well be custom and practice about the colour of ballot papers for particular elections in different parts of the UK. We think it appropriate to allow returning officers to continue with their usual custom and practice and to choose a different colour for the ballot paper for the referendum to make it easy for voters to tell the papers apart.
Much to my surprise, amendment (d) is one of two topics on which I agree with the hon. Member for Bassetlaw (John Mann). The flexibility that we have allowed on combining poll cards would allow counting officers to make local decisions, which reflect conditions on the ground. There may be particular reasons for that. Returning officers have adduced logistical reasons why printers, distributors and sometimes other administrators cannot combine poll cards. It is not sensible to legislate for something that cannot be delivered on the ground. Our proposals are more sensible and leave the decisions in the hands of officials who can respond to local conditions.
On ballot boxes, my hon. Friend the Member for Burnley (Gordon Birtwistle), who is in his place, made the point well that we want to allow flexibility for administrators to do what makes sense. In some places, where there is only a small polling station, multiple ballot boxes might constitute overkill. Even if there are separate ballot boxes, one cannot guarantee that papers from the election or the referendum do not go into the other ballot box. One must therefore still take all the papers out, separate and verify them. Again, it is much more sensible to leave that decision to administrators, who can take account of local circumstances.
Chris Bryant
I seek clarification from the Parliamentary Secretary. He said that the three territorial authorities had laid their statutory instruments, but there is nothing in the Vote Office yet. The Scottish statutory instrument is available online, but not in the Vote Office. I hope that he will check the facts for us later.
Kevin Brennan
Do I take it from the Parliamentary Secretary’s comments about attending the count on a Monday that he expects no member of the Government to attend any of the counts for the AV referendum?
Mr Harper
I did not say that. I assume that most Members will have duties in the House and in other places. If they do not, of course they can attend the counts. However, I foresee that most Members of Parliament will have important matters to tackle here, instead of attending counts in local authority areas or in Scottish Parliament, Northern Ireland Assembly or Welsh Assembly constituencies.
Chris Bryant
The Minister may be right that somebody has given the statutory instruments to the Table Office, but they are not available in the Vote Office. It would be for the convenience of the Committee if the Government provided copies to the Vote Office today, so that hon. Members can read them before we finish the amendments.
Mr Harper
I said that the Government would table the territorial orders today, because it is in relation to those orders—now that we have them and they are available—that we will be able to table amendments after the Committee stage finishes, for discussion on Report. The new clause and the Government new schedules that we have been debating today, and on which I will ask hon. Members to vote, refer to the law as it currently is, prior to the tabling of the territorial orders. Those orders are not needed for Members to deliberate today; they are needed for Members to table amendments for debate on Report, and they will be available to Members in good time for those debates.
Chris Bryant
I am just asking a simple thing, which is that the Minister should help the Committee. He says that all the statutory instruments have been tabled, but although the Scottish one is available online, the Welsh and the Northern Ireland ones are not. Would it not be simpler if he provided a few copies to the Vote Office? What possible difficulty can that give him?
Mr Harper
As with his lengthy speech, the hon. Gentleman is just going around creating confusion where there is none. The territorial orders that we have laid today—and we have laid them today—will be available for Members in good time for the debate on Report. The debate that we are having today is about new clause 20 and the Government new schedules, which, as he well knows, relate to the law as it currently is, prior to the tabling of the territorial orders, so he is creating a problem where none exists.
Mark Durkan
The Minister referred to the fact that the provisions on postal votes in Northern Ireland, as provided for in the Government’s new schedules, are not the same as those provided for elsewhere. Given that he has spent a lot of time dealing with the various Opposition amendments, will he now address that issue? The hon. Member for Rhondda (Chris Bryant) said that there could be further amendments from the Government. Will the Minister also address that issue, and tell us whether we are awaiting further amendments from the Government on postal voting in Northern Ireland?
Mr Harper
This is not a secret: I set out what we were going to do in the letter that I sent to all hon. Members who took part in the debate on Second Reading, and to the Opposition and the leaders of each party represented in the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly. What we are going to do is complex, but simultaneously straightforward, which is to have tabled the combination amendments today—that is, the new clause and the Government new schedules, based on existing legislation, which we are debating. The territorial orders updating the legislation have been laid today in the Table Office. When the Committee concludes today, the Government will, as I said in my letter, table amendments that we can debate on Report—if they are selected by the Chairman of Ways and Means—that will be based on the new legislation. The territorial orders that have been laid today will be available in good time for Members to decide whether they want to table any amendments for discussion on Report, because they will be available for Members to see tomorrow. I hope that that helps the hon. Gentleman.
I have set out, at some length, our response to the amendments standing in the name of the hon. Member for Rhondda. As I said at the beginning of this debate, I would urge hon. Members to support our new clause and our new schedules, and to oppose the hon. Gentleman’s amendments.
Question put, That the clause be read a Second time.
Elections and Returning Officers
Lord Harper Excerpts(15 years, 7 months ago)
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Chris Bryant
The hon. Gentleman makes his point, and I hope that the Minister will be able to answer him on it. I will speak about combined polls a little later.
The Opposition tried to provide an answer to the issue of 10 o’clock voting with an amendment that was discussed last Monday. Unfortunately, not enough hon. Members felt able to vote for it. The Minister said that the problem with our amendment was that it introduced the concept of a queue into British legislation, and that that might be difficult to define. If the British Parliament cannot define a queue, I do not know which Parliament in the world would be able to do so. Many other places in the world have a system in which, for example, a person’s finger is dabbed with indelible ink the moment that they present themselves, and that is the moment at which they are entitled to receive a vote. I am sure that many other ways could be devised. I hope that the Minister will look specifically at a way of ensuring consistency across the country.
The hon. Member for Milton Keynes North made the point tellingly: in some constituencies, the returning officer decided to be generous and to stretch the regulations in one direction, but in other constituencies they decided to be extremely strict about how they operated the system. That inconsistency around the country does not inspire confidence in voters. In subsequent elections, people might think that if it is 9.30 pm or 9.45 pm there is no point going to vote because there are always queues at the polling stations.
I do not want to be nasty to the Minister this morning—
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
Keep it for this afternoon.
Chris Bryant
I cannot keep it for this afternoon because I do not think that the Minister will be responding to the debate then. However, I thought that he was a little complacent about that element last Monday afternoon. He said that the issue was not an enormous problem and that there was not an enormous number of instances in which it had happened. The figure of 1,200 was suggested, but I suspect that many more people were affected. I suspect that in Hackney North and Stoke Newington alone more than 1,500 people ended up not being able to vote because of the situation. I hope that the Minister will return to the issue with some means of providing consistency around the country.
The inconsistency around the country applies not only to what happens at 10 o’clock but to a whole series of different issues. In part, that is precisely because of the reason adduced by the hon. Member for Epping Forest: although the responsibilities and powers are laid down in statute, a wide amount of freedom is given to the returning officers and there is little accountability. I agree with the hon. Member for Manchester, Withington that it is ludicrous that such a job is thought of as additional to the job of electoral registration officer, and that somehow people have to be additionally recompensed in order to perform their function when there is a general election. I think that it should be part of the standard job description and that no additional fees should be payable. It should be run of the mill and part of doing the job. Frankly, if someone does not do the job well, they should not remain in it. It should not be a question of getting extra payments.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
It is a great pleasure to speak under your chairmanship, Mr Caton. I add my congratulations to my hon. Friend the Member for Epping Forest (Mrs Laing) on securing the debate. As she correctly said, this is an area in which she has taken great interest over a considerable period, and she has spoken very well on it for our party. She slightly underplayed her role in her mini-triumph earlier this year when she persuaded the then Lord Chancellor to adopt her amendment, which brought considerable consistency—to pick up the point made by the hon. Member for Rhondda (Chris Bryant)—about counting. Those of us who were up for election and whose result was perhaps not as assured as that of the hon. Gentleman were grateful that the counts took place promptly and we had early results so that we knew our fate. My hon. Friend played a considerable part in that and has taken a great deal of interest in the issue, and we thank her for the opportunity to discuss these matters today.
It is worth saying, so that it is clear, that the administration of elections takes place at local level, as my hon. Friend set out. The acting returning officer is often, although not always, the local authority chief executive or another senior officer. They are responsible for all aspects of the election, including publication of the notice of the election and dealing with the nominations of candidates, ballot papers, polling stations, the counting, the arrangements for the count and the declaration of the result. Part of the tension when we are talking about accountability is about making it impossible for the people running elections also to have a stake in the outcome. The difficulty is about who is accountable.
That highlights one of the issues with the solution that my hon. Friend the Member for Manchester, Withington (Mr Leech) highlighted. If the task was made part of the local authority chief executive’s day job, for which he is accountable to elected members of a local authority, there would be a risk in some places of political pressure and influence being exerted on the returning officer. That post is separate from the role of chief executive is so that political pressure is not put on that person. We do not want to lose that if we make any changes. My hon. Friend made a good point, but I am not sure that that is the right solution.
Mr Binley
There is a distinction between the returning officer and the acting returning officer, which we must not lose sight of. The returning officer is normally a volunteer, not a local government professional, and is guided immensely and totally by the acting returning officer, who is normally the chief executive and does the work. We need to make that distinction.
Mr Harper
I thank my hon. Friend for making that point. My hon. Friend the Member for Epping Forest paid tribute to the way in which the acting returning officer conducted the election in her constituency. It would be remiss of me not to mention that I was also fortunate that the acting returning officer in my constituency ensured that the polls ran very smoothly. Indeed, unlike at the last general election in 2005, when I had to wait until about 6 am for the result—albeit perhaps not as long as my hon. Friend the Member for Milton Keynes North (Mark Lancaster)—this time, the acting returning officer and her team made a declaration almost three hours earlier and I was the first Member of Parliament in Gloucestershire to be elected. I have told them that I shall expect that level of service from now on.
What I am describing can be done. It is worth saying that, across the country, with the exceptions that we have discussed, most of the general election counts and the process were very well conducted. The standard is very high. However, that is not to take away from the fact that there were difficulties.
My hon. Friend the Member for Epping Forest and other hon. Members drew attention to the problems that occurred on election day. I am referring to the queues at 10 o’clock. The Electoral Commission, in its report, made the point that that was largely to do with poor planning and poor contingency arrangements on the day. It is worth putting it in context. I am not being complacent or underplaying it, but there are 40,000 polling stations in the United Kingdom and there were issues at 27 of them. The reason why the Government hesitate before we rush off and legislate is that we want to see whether legislating would solve the problem and not create further problems. We want to see whether that is the right way to go. Without wishing to understate the problem, I just think that before we legislate, it is worth thinking about whether that is the right solution.
I will not go into the issue at length. As the hon. Member for Rhondda said, the House had the opportunity earlier this week, because of the amendment that he and his hon. Friends proposed, to debate the matter. The House did debate it and decided not to make the change to the law at this time, but we are considering the Electoral Commission’s report and looking at the right way of solving the problem.
It is worth saying, though, that the law is clear. It has not changed; it has been the law for a considerable time. It is clear that a ballot paper should not be issued after 10 pm, so there is no reason why acting returning officers should be confused about that, and I know that the Electoral Commission will ensure that that guidance is clearly established before the next set of elections.
Mr Andrew Turner (Isle of Wight) (Con)
Has the number of polling stations, particularly in urban areas, reduced and have they become larger?
Mr Harper
My hon. Friend puts his finger on a point that my hon. Friend the Member for Manchester, Withington raised. In Manchester, there were polling stations that covered too great a geographical area, or far too many electors were expected to vote in them. It is good to hear that Manchester city council has taken steps to address that. It is one of the issues set out in the guidance from the Electoral Commission. It lays out broadly how many electors should be going to a particular polling station, precisely so that if there is a high turnout, that number of electors can be processed smoothly. It is good to hear that in places where we know that there were issues, they are being dealt with. I do not know overall across the country whether there has been a reduction in the number of polling stations.
I suspect that one problem was that given that turnout was lower at the last few general elections and at other elections, as the hon. Member for Rhondda highlighted, some acting returning officers made assumptions that turnout would continue at a low level and were caught unawares when, perhaps because people were more engaged in the election, they took part in it in greater numbers.
Chris Bryant
I am sure that the Minister is absolutely right, and I think that another assumption the officers made was that many more people would vote by post. That has undoubtedly happened: in my constituency we have lost, I think, eight polling stations since I was first elected in 2001, for all sorts of reasons that are pretty much insurmountable. Virtually everyone in those old polling districts now votes by post, notwithstanding the points made earlier by the hon. Member for Milton Keynes South (Iain Stewart).
Mr Harper
The hon. Gentleman makes a good point. I suspect that in some areas people have made assumptions about postal voting. Because of the problems that we have had with such voting at previous elections, quite a lot of my constituents who had decided to vote by post have now gone back to voting in person, partly because they like doing that but also because they feel that it is more secure. Acting returning officers need to take that into account.
Mr Harper
My hon. Friend makes a good point, and it comes back to accountability—an issue that has been mentioned by a number of Members. I would say a couple of things about that, and about the payments. The returning officer’s job is separate from and in addition to their normal duties, which ensures that in carrying out those duties they are not accountable to politicians, who might have an interest in the election. Returning officers are not paid for just the one night; a lot of planning and preparation goes into ensuring that elections run smoothly. Indeed, some returning officers appoint deputies to help them, and with whom they share the fees. The Government have issued guidance in relation to national elections, which recommends that that happens.
One of the things that Members have highlighted is the issue of what happens if things go wrong: what is the accountability? In Manchester, the council’s chief executive, who is the acting returning officer, has effectively taken the view that because there were problems in one of the constituencies—Manchester, Withington—he would not take his fee for that. Some other returning officers have also taken that view. Members have suggested that someone should have the ability to make such a judgment, and to not pay the fee. We will be experimenting with that idea, to some extent, in the provisions in the Parliamentary Voting System and Constituencies Bill.
Regarding the referendum, the chief counting officer—the chairman of the Electoral Commission—is responsible for its conduct, and appoints regional counting officers and counting officers. Those officers will be the same people as the returning officers, but we will—if Parliament agrees—give the chief counting officer the ability to withhold the fee for their duties in conducting the referendum, if performance is not adequate. We will consider whether that has the desired effect, and will review the measure after the referendum to see whether we might want to consider it more widely.
Mrs Laing
I thank the Minister for his kind remarks earlier. I have for the first time just seen a good point—a plus point—to having the referendum. The Minister will appreciate that that measure could be a sort of pilot scheme for a system of accountability for returning officers, and that would be very welcome.
Mr Harper
I am very pleased that views, certainly on the Government Benches, are hardening in support of our Bill. I look forward to further progress today.
It is worth noting that, although my hon. Friend the Member for Epping Forest suggested that the Electoral Commission should have more powers to direct returning officers in their conduct of elections—not referendums—the Electoral Commission itself has called for greater accountability, but not for greater powers of direction, with the exception of the referendum, the outcome of which they are responsible for. We will think further about that, but we will first see how the step of making the Electoral Commission responsible for the fee for the referendum works—the pros and cons—and whether it might be something to bring in more widely for returning officers. The difficulty would be in deciding to whom they would be accountable, and who would make that decision. We will, however, look at that further, and it might be something to debate after the referendum.
In the six minutes that remain, let me just deal with some of the other issues that my hon. Friend the Member for Epping Forest, and other Members, raised. One issue that she raised, which was supported by my hon. Friend the Member for Northampton South (Mr Binley), was the hypothecation or ring-fencing of funding. My hon. Friend the Member for Epping Forest made two points. For national parliamentary elections, the funding, as she correctly said, is ring-fenced. It comes directly from the Consolidated Fund and the Government say to returning officers that for properly incurred expenditure to do with the election the money is payable from the centre. That is clear, and my hon. Friend made it clear.
The other point is about the money for electoral registration. At the moment, that money is not ring-fenced; it is part of the revenue support grant. I have heard a number of Members state that the money in that revenue support fund is not used for electoral registration, but there is no evidence of that. If people were to bring forward evidence, we would look at the issue very seriously. The hon. Member for Rhondda mentioned those points as well. Given that the electoral registration officer is a senior member of the local authority officer team, the acting returning officer responsible for delivering the elections is often the chief executive, and the other decision makers in local authorities are councillors who have to get elected, I do not understand why we should think it likely that that set of individuals would de-prioritise spending on elections, since that is something in which we as politicians have a great interest. So, I am not convinced intellectually that there should be a problem, and there is very little, if any, evidence that that is happening—if there is, the Government will look at it. It is not just a Treasury rule; it is the general view of this Government that we should allow local authorities to make judgments about how much money needs to be spent in different areas, although they do have legal duties to ensure that elections are well conducted and that the registration system works well.
As we roll out individual voter registration, I hope that we can tackle both sides of the coin. We can deal with the problem of people who are on the register but should not be—a number of Members mentioned that this morning—and, equally importantly, we can look at people who are eligible to vote but are not on the register. The resources issue is important, and I have written to every local authority chief executive about our data-matching pilots. I encourage Members to encourage their local authorities to participate. We hope to enable local authorities to use other public data sources to identify people who are eligible to vote but not on the register, or the other way around, so that they can target them and use limited resources more effectively, to ensure that the register is both accurate and complete. The funding for the pilots will be met from central Government. I encourage Members, particularly if they feel that there are problems in their areas, either with accuracy or completeness, to encourage their local authorities to participate. I hope that that reassures my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti), who raised some of those issues.
I have dealt with some of the issues raised by my hon. Friend the Member for Manchester, Withington. It is good to hear that the issue of the number of polling stations has been dealt with. He raised some very good points about the combination of elections, and about a differential franchise between the local, European and parliamentary franchises. We are alive to that issue, with the combined election and referendum that we hope to see next year, and one reason why we have been working very closely with the Electoral Commission and with those responsible for delivering elections is to ensure that there is clear guidance. In their planning for the referendum and the elections, the Electoral Commission and acting returning officers will take exactly that into account, to ensure that in parts of the country where they are not used to such a combination there is clear guidance and clear planning, to avoid those sorts of problems.
Finally, the issue of combination, which the hon. Member for Rhondda raised, is interesting, and we in the House need to think about that more widely. There is a view that no elections should be combined, but given that the Government are looking at more fixed terms, including a fixed term for this Parliament, and are also considering having more elections—for police commissioners for example—it would be difficult to have all those elections on separate days. It is worth thinking about the argument, “If you’re going to combine them you should go for it big time and make sure it’s well done,” and considering whether we effectively have a big democracy day in the same way as they do in the US, where everything is on the same day. It would be helpful if Members thought about that, and I am sure that we will get the opportunity to debate it in due course.
This has been a good debate. We have touched on a number of issues that are very important to Members, and I once again thank my hon. Friend the Member for Epping Forest for enabling us to have the debate. I look forward to debating with, or listening to, her this afternoon, when we continue consideration of the Parliamentary Voting System and Constituencies Bill.
Cabinet Office
Lord Harper Excerpts(15 years, 7 months ago)
Ministerial CorrectionsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Fiona Mactaggart (Slough) (Lab)
Let me say that the ward does not send Labour councillors to the borough; it elects Liberals, so no particular borough advantage was involved. However, the change respected the views of people about their communities. The real problem with the latter part of the Bill is that it does not do that. It specifically says that unitary authority boundaries—and all the authorities in Berkshire are unitary authorities—shall not be counted as local authority boundaries, so they are absolutely irrelevant. It also says that inconvenience to voters that comes out of the first boundary review shall be discounted by the Boundary Commission.
[Official Report, 6 September 2010, Vol. 515, c. 115.]
Mr Harper
I can assure the hon. Member for Slough (Fiona Mactaggart) that the reference in the Bill to “counties”, which she discussed, does include unitary authorities. So the Boundary Commission for England will be able to take into account the boundaries of all the unitary authorities in Berkshire as it draws up new constituency boundaries, subject to the issues relating to parity.
[Official Report, 6 September 2010, Vol. 515, c. 129.]
Letter of correction from Mark Harper:
An error has been identified in the response given to the hon. Member for Slough (Fiona Mactaggart) on Second Reading of the Parliamentary Voting System and Constituencies Bill on 6 September 2010.
The correct response should have been: “the reference in the Bill to “counties” does include unitary authorities but not those of Berkshire.”