Independent Parliamentary Standards Authority

Nigel Evans Excerpts

Thursday 2nd December 2010 Commons Chamber

[Stephen Pound (Ealing North) (Lab)]

On a point of order, Mr Deputy Speaker. In view of the tragic news from Zurich and the sounds of celebration being carried on the chill eastward winds from Russia, has any approach been made to you, Sir, or to your office to disseminate that sad information throughout the Palace?

[Mr Deputy Speaker (Mr Nigel Evans)]

The country is suffering sub-zero temperatures, towns and villages are being cut off, some people are isolated, airports are being closed, and I was wondering what piece of news could depress me more. I was wondering also which Member could bring that news to me, and I am not surprised that it is Mr Pound.

I am sure the whole House wishes Russia well in holding the World cup and to send its thanks and gratitude to the presentation team of the United Kingdom, with His Royal Highness Prince William, the Prime Minister, David Beckham and others. They did as best as they possibly could, and we are all somewhat depressed that football is not yet coming home, but we look forward to the day when it does. This is clearly not a point of order for the House, though.

[Andrew Bridgen]

On a point of order, Mr Deputy Speaker. I point out to the hon. Member for Bassetlaw (John Mann) that if he were slightly more generous with taking interventions, there would not be the number of comments from a sedentary position to which he objects so vehemently.

[Mr Deputy Speaker]

That sounds to me like a continuation of the debate.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. As is self-evident, a lot of Members wish to catch my eye in this debate. I have therefore decided to introduce an eight-minute limit on Back-Bench speeches.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We will hear from the Front-Bench speakers next. They have agreed to show time restraint. The debate from the Back Benches will then resume.

Fixed-term Parliaments Bill

Nigel Evans Excerpts

Wednesday 1st December 2010 Commons Chamber

[Tessa Munt (Wells) (LD)]

On a point of order, Mr Evans. At lunchtime today I was sitting in the Terrace cafeteria and, for the second time in a fortnight, I was unable to hear the Division bells at all. There was nothing to indicate that a vote was taking place. Can you facilitate Members’ ability to vote if they are sitting in that area, perhaps by asking the Badge Messengers to inform them that a vote is taking place while the problem is sorted out?

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Thank you for that point of order. I must say that I have taken a number of points of order in a similar vein since taking the Chair on 8 June, and this is clearly worrying for Members as well as irritating for the Chair. I will instruct that the matter be fully investigated, not just in the area that the hon. Lady has spoken about, but throughout the parliamentary estate. Clearly, it could affect the outcome of a vote. In the short term, I ask that, every time there is a Division today, a messenger goes particularly to that part of the House to ensure that Members are made aware that a Division is taking place.

--- Later in debate ---

Bill to be considered tomorrow

[Mr Deputy Speaker (Mr Nigel Evans)]

I now have to announce the results of the Division deferred from a previous day. In the Division on the Question relating to the Scottish Parliament, the Ayes were 317 and the Noes were 212, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

Fixed-term Parliaments Bill

Nigel Evans Excerpts

Wednesday 24th November 2010 Commons Chamber

[Mrs Eleanor Laing (Epping Forest) (Con)]

I beg to move amendment 33, page 1, line 22, leave out from ‘if’ to end of clause and add

‘on an address presented to Her Majesty by the House of Commons praying that a day be the polling day for an early parliamentary general election, Her Majesty appoints this day by proclamation to be the polling day for such an election.

(2) No motion shall be made for such an address except by the Prime Minister acting with the agreement of—

(a) the Leader of the Opposition; and

(b) each member of the House of Commons who at the time of the motion being made is the registered leader of a registered party that received more than 20 per cent. of the total votes cast at the previous parliamentary general election.

(3) An early parliamentary general election shall not otherwise take place.

(4) Subsection (1) applies for the purposes of the Timetable in rule 1 in Schedule 1 to the Representation of the People Act 1983.

(5) In this section—

“Leader of the Opposition” means the person who is the Leader of the Opposition in the House of Commons for the purposes of section 2 of the Ministerial and other Salaries Act 1975;

“registered leader”, in relation to a party, means the person registered as that party’s leader in accordance with section 24 of the Political Parties, Elections and Referendums Act 2000;

“registered party” means a party registered in a register of political parties maintained by the Electoral Commission in accordance with section 23 of the Political Parties, Elections and Referendums Act 2000.’.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Amendment 21, page 2, line 2, leave out ‘early’ and insert ‘immediate’.

Amendment 4, page 2, leave out lines 3 to 7.

Amendment 34, in clause 3, page 2, line 28, leave out ‘(6)’.

Amendment 35, in clause 4, page 3, line 15, leave out ‘(6)’.

--- Later in debate ---

[Mr Straw]

It is the first time that I have ever been thanked for anything by a member of the Scottish National party. I hope that next April and May it says on every leaflet how deeply grateful the SNP is for the possibility and opportunity to serve in a Scottish Government and to enjoy all the rewards that have come its way from the money that the British people, of all parties, have provided.

[The First Deputy Chairman of Ways and Means]

Order. The right hon. Gentleman said that he had some rules. Could he have another rule, which is to speak to the amendments in the group?

[Mr Straw]

I am sorry that I digressed, Mr Evans.

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[Tristram Hunt]

Is the hon. Gentleman as shocked as I am by the new constitutional principle that we are hearing from the Secretary of State for Business, Innovation and Skills—that the manifestos upon which individual Members of Parliament were elected no longer mean anything, because the coalition agreement somehow supersedes everything that they were elected to stand for?

[The First Deputy Chairman]

Order. That is not part of the amendments before us, so Mr Cash, could you restrict yourself to the amendments, please?

[Mr Cash]

What I am saying, Mr Evans, is that the clause is being introduced without a mandate, using Parliament and patronage to undermine Parliament itself, not only now but in future. The voters, who have reposed their trust in us as MPs, are being severely damaged by what is being done today. As for the future, to quote T. S. Eliot’s “Burnt Norton”:

“Time present and time past

Are both perhaps present in time future

And time future contained in time past.

If all time is eternally present

All time is unredeemable.”

So is this act of constitutional vandalism.

My amendment 4 is based on a simple point of principle, namely that a motion can be passed by a simple majority of one, as has been the case from time immemorial—from the very inception of our parliamentary process in what is sometimes described as the “mother of Parliaments”. That is now being changed in a manner that will seriously alter the method whereby a Government may fall.

The merits of the various amendments, such as amendment 33 and my amendment 4, may differ. However, mine, which has been supported—without my encouragement, I have to say—by the Leader of the Opposition and therefore by the Opposition themselves, has the merit of simplicity and maintaining the status quo. Why have I tabled this amendment? It is because I object to the new-fangled idea that an early election would result from a motion, perhaps proposed by the Opposition, any MP or even the Government themselves, that requires—this is contrary to all constitutional precedent and history since our Parliament first sat representing the electors of this country—the support of two thirds or more of those eligible to vote as Members of Parliament. In other words, we are talking about seats and not the persons present in the House of Commons. That is a profound and dangerous doctrine.

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[Caroline Lucas (Brighton, Pavilion) (Green)]

On a point of order, Mr Amess. Have you have received any indication from the Home Secretary that she might be coming to the House tonight to make a statement on whether she believes that police tactics outside the House are proportionate? Many hundreds of students and schoolchildren have been kettled for more than four hours and, according to the police, will be out there for several more hours in the freezing cold. Whatever one thinks about the student protest, holding people against their will for no reason is neither proportionate nor effective.

[The Temporary Chair (Mr David Amess)]

The whole House has heard what the hon. Lady has said, particularly those on the Treasury Bench, but that is not a point of order.

Fixed-term Parliaments Bill

Nigel Evans Excerpts

Tuesday 16th November 2010 Commons Chamber

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

I beg to move amendment 11, page 1, line 5, leave out ‘7 May 2015’ and insert ‘1 May 2014’.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this, it will be convenient to discuss the following:

Amendment 7, page 1, line 5, leave out ‘2015’ and insert ‘2013’.

Amendment 8, page 1, line 7, leave out ‘fifth’ and insert ‘third’.

Amendment 12, page 1, line 7, leave out ‘fifth’ and insert ‘fourth’.

Amendment 32, page 1, line 9, leave out subsection (4) and insert—

‘(4) In determining the polling day for a parliamentary general election under subsection (3) above, no account shall be taken of any early parliamentary general election the polling day for which was appointed under section 2.’.

Amendment 13, page 1, line 13, leave out ‘“fifth” there were substituted “fourth”’ and insert ‘“fourth” there were substituted “third”’.

Amendment 9, page 1, line 13, leave out ‘fifth’ and insert ‘third’.

Amendment 10, page 1, line 13, leave out ‘“fourth”’ and insert ‘“second”’.

New clause 4—Devolved legislature elections—

‘(1) A devolved legislature election may not take place on the same day as a United Kingdom parliamentary general election.

(2) If a devolved legislature election is scheduled to take place on the same day as a United Kingdom parliamentary general election, then the date of the poll for the devolved legislature general election must vary by—

(a) not less than two months, and

(b) not more than twelve months and one week before or after the United Kingdom parliamentary general election date.

(3) The appropriate authority shall make provision by order to vary the date of the devolved legislature general election, subject to agreement by the relevant devolved legislature.

(4) The following election to that devolved legislature will take place on the first Thursday in May in the fourth calendar year following the polling day for the previous election.

(5) A devolved legislature election is an election to the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.’.

New clause 5—Varying of elections by the National Assembly for Wales—

‘(1) Section 4 of the Government of Wales Act 2006 (“Power to vary date of ordinary general election”) is amended as follows.

(2) In subsection (1) after “May”, insert “, subject to subsections (1A) and (1B)”.

(4) After subsection (1) insert—

“(1A) If the scheduled date for a National Assembly for Wales ordinary general election is the same date as for a United Kingdom parliamentary general election, the National Assembly of Wales general election must be held—

(a) not less than two months, and

(b) not more than twelve months and one week before or after the United Kingdom parliamentary general election.

(1B) The Secretary of State for Wales shall by order provide for the date of the poll of the National Assembly for Wales ordinary general election, with the agreement of the National Assembly for Wales, subject to subsection (1A).”.’.

Clause stand part.

[Jonathan Edwards]

I wish to speak also to amendments 12 and 13 in my name and those of my hon. Friend the Member for Na h-Eileanan an Iar (Mr MacNeil), the Leader of the Opposition and his hon. Friends, as well as new clauses 4 and 5. The amendments go to the crux of the Bill—the establishment of a specific period between elections and the date on which we hold the next UK parliamentary elections.

My party is in favour of fixed-term Parliaments, for many of the reasons outlined on Second Reading. A fixed-term Parliament removes a Prime Minister’s ability to seek the dissolution of Parliament for pure political gain, taking away that significant incumbency advantage—more of which later in my speech. It would end speculation about the timing of the next election and a near-obsession with opinion polls and psephologists about when an election might be called. It provides stability for the political programme, as we have found with the One Wales agreement in Wales, a four-year term, where parties understand what can and cannot be achieved within the required legislative time frame—even in our case where the byzantine workings of legislative competence orders have held up the progress of our law-making, denying us prompt action to solve our problems. By providing a settled timetable, fixed-term Parliaments provide a firm basis for electoral administration, taking away the shock of a snap election and giving a more generous timetable to ensure participation in the voting process.

However, I cannot understand the Government’s reasoning behind the insistence on a five-year legislative term, either in this parliamentary term or in the future. To be perfectly honest, there does not seem to be any reason. The Conservative-Liberal Democrat Government have consistently failed to provide a good reason why the next election should be held in May 2015, not in May 2014. On Second Reading, the Deputy Prime Minister, with bizarre Liberal Democrat logic, presumably taken from a “Focus” leaflet bar graph, claimed that a five-year Parliament would probably amount in practice to a legislative working term of four years. As many hon. Members will already know, the five-year maximum term was implemented in 1911, but even that was introduced with the expectation that the working parliamentary period would probably be four years—a period in which, as Lord Asquith said at the time, a Government had either the political mandate from the previous election or the unwillingness to commit to unpopular decisions ahead of the next election.

Four years—the length of time between elections for the National Assembly for Wales, the Scottish Parliament, the Northern Ireland Assembly, the London Assembly, the London mayoral elections and local authority, community and even parish council elections in all four parts of the UK—is quite clearly and obviously the norm for the electoral cycle in the nation states.

--- Later in debate ---

[Jonathan Edwards]

The right hon. Lady knows that I am in full agreement with her. It was very important that those issues were discussed. It was a disgrace that the Secretary of State refused that request.

[The First Deputy Chairman]

Order. We are moving on to Bills that have already passed through the House. Please can we focus on the amendments before us?

[Jonathan Edwards]

These changes will have a clear impact as electors find themselves not merely with the added burden of an extra piece of paper to complete, as they will in the clashing elections next May and the alternative vote referendum, but voting for different constituency locations. I am proud to serve on the Welsh Affairs Committee in my first term in Parliament. The Committee received evidence from a number of organisations on these potential problems, and reported on them in our first publication of this Session, entitled “'The implications for Wales of the Government’s proposals on constitutional reform”. We heard, for example, testimony from Lewis Baston, senior research fellow with Democratic Audit. He said that

“the elections for Westminster and the Assembly would be taking place on different systems on the same day, and more complicatedly on two sets of boundaries which will hardly ever correlate with each other.”

Philip Johnson told our Committee that the coincidence of elections could have “horrendous” consequences in 2015.

Parliamentary Voting System and Constituencies Bill

Nigel Evans Excerpts

Tuesday 2nd November 2010 Commons Chamber

[Mr Williams]

The capacity of the Welsh media to respond has been severely hampered, whether we look at the position of Sianel Pedwar Cymru or the loss of pluralism—[Interruption.] It is S4C, the Welsh language media—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. A Member who is making an intervention cannot take an intervention.

[Mr Williams]

I apologise, Mr Deputy Speaker.

My point is that the Welsh media are in a parlous state, so we cannot take for granted their capacity to respond to the UK media at election time.

--- Later in debate ---

[John Mann]

My hon. Friend mentions the cost and expense of MPs. With an independent body setting MPs’ salaries, has he considered the certainty that if the Bill proceeds into law, it will inevitably increase the salary of MPs? The argument will be put—and doubtless accepted—that there is more work per MP, and that there should therefore be a certain rate for the job. Therefore, this Bill will not cut pay; it will in fact increase the pay of MPs.

[Mr Deputy Speaker]

Order. We are now clearly straying from the amendments before us.

[Geraint Davies]

I am grateful for your guidance, Mr Deputy Speaker. What we are talking about is the combination of polls and the confusion that this could cause. My hon. Friend the Member for Ogmore (Huw Irranca-Davies) suggested in his intervention that combining the polls should require extra money. I completely agree with that, and was simply making the point that the Boundary Commission for Wales has already been given £1.9 million just for redrawing the boundaries, let alone for carrying out the work on the political machinery, which will be enormous. My hon. Friend the Member for Bassetlaw (John Mann) has simply made the point that those enormous costs will dwarf any prospective saving and that, in fact, there will probably be no saving at all.

I will bring my comments to a close. [Hon. Members: “More!”] Hon. Members should not encourage me, because I might end up reading the whole of the Welsh Affairs Committee report.

[Mr Deputy Speaker]

Not a chance.

--- Later in debate ---

[Kevin Brennan]

I will attempt to be reasonably concise. It is worth returning to the amendments, which are about the combination of polls, and reminding ourselves—and the literally dozens of people who I am sure are still watching on the BBC Parliament channel, after our deliberations so far—why we are discussing combining the referendum in the Bill with the Welsh Assembly, Northern Ireland Assembly, Scottish Parliament and local government elections.

The only reason we are doing that is down to one man, who has been completely invisible during our deliberations, namely the Deputy Prime Minister. The only reason we are discussing this issue is that the Deputy Prime Minister is convinced that his best chance of winning the referendum on the introduction of the alternative vote will be if it takes place on the same day as the elections to the devolved Assemblies and the local government elections. As the amendments in the group show, this is not a matter of finance, although that argument is sometimes put forward. It is nothing to do with that; rather, it is entirely to do with a belief that the alternative vote is more likely to be supported in a referendum if it is held on the same day as those other elections.

In that sense, this is one of the most surreal debates in which I have ever participated in the House of Commons, because the Deputy Prime Minister will not come here himself to make that point. Instead he sends along the Parliamentary Secretary, the hon. Member for Forest of Dean (Mr Harper), who comes along to make the case, even though he does not himself believe that the alternative vote should be passed into law. In fact, this is the second time in one day that he has had to come forward to promote Liberal Democrat policy in the House. After the duffing up that he got in the Tea Room after the first time, I hope that he is a bit safer now.

[Mr Deputy Speaker]

Order. We are talking about the combination of polls, not the Deputy Prime Minister. I would be grateful if the hon. Gentleman now directed himself to the amendments before us.

[Kevin Brennan]

Of course, Mr Deputy Speaker. The point that I was making was that the very reason for the amendments that are before us, about the combination of polls, is to do with the beliefs of one person, who has put up the Minister, as it were, to come along and defend those amendments.

A lot has been made of the potential confusion that could arise. I take the point made by the hon. Member for Corby (Ms Bagshawe), whom I commend for taking a lot of interest in these proceedings. I take her point about American elections; in fact, my wife is an American citizen and still votes in American elections. We get the very lengthy ballot papers that people receive through the post in California, and which do indeed combine polls on many different issues on one day. I am less disturbed by my constituents’ ability to distinguish between different issues on the same day than I am by the contempt that the Government have shown. I am disturbed by the contempt shown for the devolved Administrations by he who must not be named—I am not going to mention his name again, for fear of upsetting you, Mr Deputy Speaker—when, although he represents a party that claims to be a party of devolution, he completely ignores the wishes of the devolved Administrations in Wales, Scotland and Northern Ireland.

--- Later in debate ---

[Ian Mearns]

I’m getting there.

It is no wonder that—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am also a little concerned that the hon. Gentleman is going wide of the subject of the combination of polls. Perhaps he could stick to the confusion that he spoke about earlier. This sounds a bit like a speech for a Third Reading debate.

[Ian Mearns]

Mr Deputy Speaker, the unfairness to which I want to address my remarks mainly relates to town and city dwellers. I am not for one moment implying that the people whom I speak of do not exist in the countryside; they do, of course, but not in anywhere near the same kind of numbers as in our towns and cities. The calculations that the Government have made in drawing up their criteria totally disregard the 3.5 million people who are not registered to vote or to take part in the referendum—

[Mr Deputy Speaker]

Order. Yet again, I think that the hon. Gentleman has not really paid due attention to the amendments before him. He is entering into a much wider debate. I ask him to look again at the subject of the combination of polls, please.

[Ian Mearns]

Not only will those people be unable to vote in the elections; they will also be unable to vote in the referendum on our voting system. There are many reasons why people will be unable to enfranchise themselves, and it is important to have regard for such people. Some might be in debt and trying to escape from their creditors. Others might be trying to avoid violent loan sharks. They will not be enfranchised to take part in a referendum because they are trying to escape from the people who are pursuing them. Some might be victims of domestic violence hiding from violent former partners—

[Mr Deputy Speaker]

Order. Perhaps the hon. Gentleman can help me a little. Which amendment is he speaking to?

[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.

--- Later in debate ---

[Mr Harper]

Yes, of course. I am grateful to the right hon. Gentleman for giving me the opportunity to confirm that. I will write to the hon. Member for Foyle, copy my reply to the hon. Member for Rhondda and place it in the Library for the benefit of all hon. Members. [Interruption.]

[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.

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[Mr William Cash (Stone) (Con)]

I beg to move amendment 7, page 6, line 10, at end insert ‘, and

(c) the number of electors casting a vote in the referendum is equal to or greater than 40 per cent. of those entitled to cast such a vote.’.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Amendment 197, page 6, line 10, at end insert

‘, and

(c) the number of electors casting a vote in favour of the answer “Yes” is equal to or greater than 25 per cent. of those entitled to cast such a vote.’.

Amendment 8, page 6, line 12, after ‘“No”,’, insert

‘or if the number of electors casting a vote in the referendum is less than 40 per cent. of those entitled to cast such a vote,’.

Amendment 198, page 6, line 12, after ‘“No”’, insert

‘or if the number of electors casting a vote in favour of the answer “Yes” is fewer than 25 per cent. of those entitled to cast such a vote’.

[Mr Cash]

The question of threshold is the second most important issue after the question of whether we agree to this Bill on Second or Third Reading. We have Third Reading to come, and I admit to having voted with some enthusiasm against the Bill on Second Reading, as did a number of my colleagues. We did so because of our inherent objection to the principles that underlie it. I objected to the alternative vote in the wash-up, and I have no reservations about my objections to it. Indeed, I have consistently objected to variants of the proportional representation system ever since I entered the House.

That principled objection has been adopted by Members throughout 150 years of our parliamentary democracy. Many, including Gladstone, Disraeli and even Lloyd George, have objected to the whole idea of undermining the first-past-the-post system. I am reminded of what Disraeli wrote in his novel “Coningsby”. At the time of the Reform Act and the repeal of the corn laws, he wrote in a brief chapter of just one-and-a-half pages:

“There was a great deal of shouting about Conservative principles, but the awkward question naturally arose—what are the principles we are supposed to conserve?”

I believe this Bill is inherently contrary to Conservative principles for the reasons I have given.

Indeed, I would go further and say that I fear that we have not really heard the full reality— the actualité—of what is going on here. Failure in that regard makes it all the more necessary to have a threshold, because if we do not tell the British people the entire truth, which Churchill said we had to do, I fear they will be misled in the referendum campaign. My belief that a threshold is necessary is based in part on the fact that at least that would enable a percentage of the population to be the determining factor as to whether or not the vote is valid.

Parliamentary Voting System and Constituencies Bill

Nigel Evans Excerpts

Monday 25th October 2010 Commons Chamber

[Mr Harper]

I beg to move, That the clause be read a Second 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.’.

[Chris Bryant]

On a point of order, Mr Evans. This is a large group of amendments, schedules and a new clause; indeed, it constitutes some 120 pages of the amendment paper. I need a little clarity about when we come to vote on amendments and about whether, if we were to agree to the new clause, it would then be possible to vote on amendments to the schedule later.

--- Later in debate ---

[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.

[Mr Harper]

Encouragingly, the hon. Member for Rhondda took rather less time speaking to the previous new clause than he took last week. That may be a step forward and perhaps we may indeed—

--- Later in debate ---

[Margaret Curran]

This is not a nationalist point, and I hope that the coalition does not dismiss the feelings to which I have referred as the marginal voice of nationalism in Scotland. The view is widespread throughout Scotland, and mainstream parties such as mine also hold it. However, I am concerned that in response to the question from the hon. Member for Perth and North Perthshire (Pete Wishart), the Minister seemed to imply that, because the Scottish Parliament does not have responsibility for the elections at the moment, it is not a key stakeholder in the ongoing discussions—

[The First Deputy Chairman]

Order. This intervention is longer than some of the speeches that I have made in this House—

[Margaret Curran]

rose—

[The First Deputy Chairman]

Please resume your seat.

[Mr Harper]

I am grateful, Mr Evans: I had got the hon. Lady’s point. I am not trying to minimise her concern, but I note that none of the devolved Parliaments or Assemblies has passed any formal motions or resolutions expressing that view to this House.

Parliamentary Voting System and Constituencies Bill

Nigel Evans Excerpts

Monday 18th October 2010 Commons Chamber

[Mr Cash]

On a point of order, Mr Evans. I do not know how the order of the amendments was decided, and I am sure that it was done in a proper and orderly manner, but I wish to place on record the fact that the threshold provisions are being driven further and further down the selection list, yet they are seminal to the referendum and whether it can be justified in the national interest.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

A statement was made by the Minister earlier about thresholds and I am sure that it will all become clear to the hon. Gentleman as he stays for the rest of this evening’s proceedings.

[Mr Harper]

I beg to move amendment 268, page 28, line 2, at end insert—

‘Modification of forms

9A (1) The Chief Counting Officer may, for the purpose of making a relevant form easier for voters to understand or use, specify modifications that are to be made to the wording or appearance of the form.

(2) In paragraph (1) “relevant form” means any of the following—

(a) Forms 3 to 11, 14 and 16 in Part 2 of this Schedule;

(b) the form of the notice set out in rule 16(7).

(3) In this Part of this Act a reference to a form is to be read as a reference to that form with any modifications specified under paragraph (1).

(4) Where a form is modified by virtue of paragraph (1), section 26(2) of the Welsh Language Act 1993 applies as if the modified form were specified by this Act.’.

[The First Deputy Chairman]

With this it will be convenient to discuss the following: Government amendments 274 to 278, 281 to 305, 308, 323 and 324.

[Mr Harper]

These amendments make several modifications for the purpose of adding clarity to the forms and statutory questions that a presiding officer may put to voters in certain specified circumstances in light of the recommendations of the Electoral Commission, Scope and electoral administrators. I referred to these amendments earlier, when we were debating the amendments tabled by the right hon. Member for Cardiff South and Penarth (Alun Michael).

We recognise the important role that the chief counting officer has to play in the successful running of the poll so, at the request of the Electoral Commission, amendment 268 gives the chief counting officer power to amend the wording and appearance of voter-facing forms, except the ballot paper, for the purposes of making them easier to use or understand. This power will extend to forms 3 to 11, which are the form of postal voting statement, the declaration of identity, official poll cards and poll cards for postal or proxy voters; form 14, which is guidance for voters; and form 16, which is the form of declaration to be made by the companion of a voter with disabilities.

We have also made some other minor amendments to improve the clarity of the material seen by voters, including to the instructions on how to vote; to ensure that voters in devolved areas in particular are clear that the referendum relates only to the UK parliamentary system; and to ensure that the questions put to voters prior to being given a ballot paper are clear for areas in which more than one referendum may be taking place.

Following a recommendation from the Electoral Commission, we have sought to make the voting instructions clearer by stipulating that voters must vote in one box only. Amendments 287,291, 293 to 298, 303 and 308 effect this change at the relevant points in the Bill.

Amendments 282 and 283 give effect to the recommendations in the Electoral Commission’s guidance on prescribing voter materials to move that voting instruction to directly above the location of the boxes where electors will make their mark.

We have also tabled amendments to make it clear that the referendum provided for by this Bill relates to the electoral system for UK parliamentary elections, as opposed to electoral systems electing members to devolved legislatures. That issue came out of the research that the Electoral Commission did when it was looking at the question. Amendments 281, 284, 286, 289, 290, 304, 305, 323, and 324 achieve that objective.

We have also tabled amendments to make it clear that the referendum provided for by this Bill relates to the electoral system for UK parliamentary elections, as opposed to electoral systems electing members to devolved legislatures. That was an issue that came out of the research that the Electoral Commission did when it was looking at the question. Amendments 281, 284, 286, 289, 290, 304, 305, 323, and 324 achieve that objective.

Given that mayoral referendums might also be taking place on 5 May next year, we have introduced amendments to clarify the statutory questions that the presiding officer may put to voters requesting a ballot paper for the referendum for which the Bill provides. The amendments adapt those questions so that the presiding officer must specifically ask whether that voter has already voted in the referendum on the electoral system for UK parliamentary elections. Amendments 274 to 278 effect that change at the relevant points in the Bill.

Amendment 302 adds a title to guidance for voters to specify that the guidance to which the form refers relates to the referendum on the voting system for UK parliamentary elections. Amendments 285 and 288 give clarity to electoral administrators on where the official mark confirming the authenticity of the ballot paper may be placed on the form. It is important that no wording other than specified in the Bill appears on the front of the ballot paper. Any official marks that contain words, letters or numbers must therefore be printed on the back of the form, which will ensure that ballot papers are as simple and clear as possible for the voters to use.

Following advice from the chief counting officer in Northern Ireland, we have introduced amendments 299 to 301 to remove unnecessary forms from the Bill, as in practice separate poll cards are not sent to electors voting by post in that part of the United Kingdom.

--- Later in debate ---

[Iain Stewart (Milton Keynes South) (Con)]

I beg to move amendment 153, page 48, line 29, leave out ‘may’ and insert ‘must’.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this it will be convenient to discuss amendment 154, page 48, line 32, at end insert—

‘(4A) If the difference between the total number of votes cast in the referendum in the country in favour of the answer “Yes” and the total number of votes cast in the referendum in the country in favour of the answer “No” is fewer than 10,000 or 0.1 per cent. of the total number of votes cast, whichever is the smaller number, the Chief Counting Officer must give a direction to regional counting officers to have all the votes in their region re-counted.’.

[Iain Stewart]

My hon. Friend the Member for Epping Forest (Mrs Laing) and I have tabled the amendments to seek clarification from the Minister about the provisions for a recount at national level in the event of a tight overall result. Although I am satisfied with the provisions in the Bill for counting in each voting area, or for a recount in each voting area, just as there are provisions at a general election count for a recount in each constituency—[Interruption.]

[The First Deputy Chairman]

Order. Will the Committee please settle down? I am finding it very difficult to hear Mr Stewart.

[Iain Stewart]

Thank you, Mr Evans.

There are adequate provisions in the Bill for a recount mechanism at individual voting area level, just as at a general election count an agent or a candidate may call for a recount if the result is tight or there is some other doubt as to the accuracy of the count. However, if my reading of the Bill is correct, there is no such provision for a recount at national level and I am very concerned about that omission.

Counts in individual voting areas will be carried out in ignorance of what is happening in other counting areas. The Welsh devolution referendum of 1997 offers examples of where the problems may lie. Members may recall that the result of the referendum was very close. Of more than 1.1 million votes cast, the winning majority for the yes campaign was about 7,000 and there were approximately 4,000 spoilt ballot papers, so the result was on a knife edge.

It does not follow, however, that each area voted with the same margin of result; there were huge disparities between the counts in areas throughout Wales. In Rhondda, for example, which the shadow Minister may have some affection for and knowledge of, there was a large yes vote—a 15,000 majority for the yes campaign. Had that been at a general election, no candidate would have questioned it.

--- Later in debate ---

Schedule 2, as amended, agreed to.

[The First Deputy Chairman]

We now come to schedule 3.

[Mr Chope]

On a point of order, Mr Evans.

[The First Deputy Chairman]

Does this relate directly to schedule 3, Mr Chope?

[Mr Chope]

Yes, it does. Under the motion of the House, schedules 3 and 4, clause 4, schedule 5, and clauses 5 and 6 were to be debated this evening before 11pm. We now know that there is no time for debate on any of those parts of the Bill. May I refer you, Mr Evans, to the undertaking given by the Parliamentary Secretary when he addressed the House—

--- Later in debate ---

[The First Deputy Chairman]

Order. We are not starting a debate on this. I am required by the rules of the House to put each of the amendments formally, and that is exactly what I am going to do.

Schedule 3

Absent voting in the referendum

Amendments made: 173, page 76, line 14, leave out sub-paragraph (9).

Amendment 174, page 77, line 47, at end insert—

‘(9) The record kept under sub-paragraph (8) must be retained by the registration officer for the period of twelve months beginning with the date of the poll for the referendum.’.

Amendment 175, page 83, line 12, at end insert—

‘(11) The record kept under sub-paragraph (10) must be retained by the registration officer for the period of twelve months beginning with the date of the poll for referendum.’.

Amendment 176, page 83, line 28, leave out ‘(subject to any conditions prescribed by the relevant regulations)’.

Amendment 177, page 85, line 18, leave out sub-paragraph (8).

Amendment 305, page 92, line 13, after ‘FOR’ insert ‘UNITED KINGDOM’.—(Mr Harper.)

Schedule 3, as amended, agreed to.

Schedule 4

Application to the referendum of existing provisions

Amendments made: 178, page 93, line 28, leave out ‘(subject to sub-paragraph (4)(b))’.

Amendment 179, page 93, line 32, leave out sub-paragraphs (4) and (5).

Amendment 180, page 94, leave out lines 7 to 27.

Amendment 181, page 94, line 38, leave out ‘for “this Part” substitute’ and insert ‘after “this Part” insert’.

Amendment 182, page 100, leave out lines 4 and 5 and insert—

[The First Deputy Chairman]

We now come to clause 6.

[Mrs Eleanor Laing (Epping Forest) (Con)]

On a point of order, Mr Evans. On clause 6, the Minister indicated to the Committee earlier that he intends to adopt amendment 3, which stands in my name, as a Government amendment, so that it can be voted upon at this stage in the proceedings. I have made no objection to the Minister’s suggestion, because it is the Government’s right to have a vote if they so wish, and I have every confidence that, in whatever circumstances, the Government would win the vote on that amendment and the other amendments in the group. I have no objection to there being a vote. However, the Committee must take note that it is not the vote that matters, but the fact that seven amendments have not been discussed. My purpose in tabling amendment 3 was not to win a vote or to change the Government’s mind, but to ensure that the Committee had an opportunity to discuss the very important issue of thresholds in the forthcoming referendum.

--- Later in debate ---

[Several hon. Members]

rose—

[The First Deputy Chairman]

Order. I intend to call Mr Chope, Mr Bryant and the Minister, and then that is it, and we will have fully exhausted the point of order.

[Mr Chope]

Further to that point of order, Mr Evans. In discussing the programme motion on 12 October, the Parliamentary Secretary said that

“we have taken steps…in the programme motion”

to ensure that

“the House will be able to debate and vote on the key issues raised by the Bill.”—[Official Report, 12 October 2010; Vol. 516, c. 183.]

On Second Reading he also made it quite clear that we would have the opportunity to debate and vote on the key issues. Nobody is suggesting that the threshold is anything other than a key issue in the Bill. Even at this late stage, it is open to the Minister to tell the Committee that he will come forward tomorrow with an amendment to the programme order to ensure that we can start the business tomorrow with a debate on clause 6, rather than closing down debate on that clause, which seems to be the Government’s intent. I should also point out that unless we have a debate, it will not be possible for the Committee to take a view on the relative merits of amendment 3 as compared with my amendments 64, 65 and 66. In the European debate the other night the Chair was able to decide which amendments were more worthy of being put to the vote on the basis of the debate. Without a debate, we will not be able to do that.

[Mr Harper]

Further to that point of order, Mr Evans. If the hon. Member for Rhondda genuinely thought that this was the most important part of the Bill, he should have thought about that when he moved some of his less important amendments today. That was a time-wasting exercise and nothing else.

I gave a clear commitment on Second Reading that the Government would do everything within their power to ensure that we had a debate and a vote on all the key issues of the Bill. We provided extra time in the programme motion last week. Reaching a point in the debate, of course, requires Members to exercise some discipline, which they were incapable of doing today. What is left within my power is to propose amendment 3 to enable the Committee to vote on it, but I ask my colleagues to vote against it. I want to facilitate the opportunity for this Committee to vote.

[The First Deputy Chairman]

I have listened carefully to the several points of order that Members have made. What the Government propose is orderly under Standing Order No. 83D(2), although it is, as some hon. Members have observed, somewhat unusual. I am sure that hon. Members will also have noted the opportunities open to them, as has been remarked, on Report. I should just remind Members of the rule on voice and vote. It is possible to vote against one’s own amendment, but one cannot shout “Aye” and then vote “No”. We now move on to clause 6.



Clause 6

Commencement or repeal of amending provisions

Amendment proposed: 3, page 4, line 28, after ‘“No”’, insert

‘and the number of electors casting a vote in the referendum is equal to or greater than fifty per cent. of those entitled to cast such a vote,’.—(Mr Harper.)

Question put, That the amendment be made.

Question negatived.

[Mr Chope]

On a point of order, Mr Evans.

[The First Deputy Chairman]

Order. It is getting very late and I suspect that Members will now wish to see the conclusion of our proceedings.

Clause 6 ordered to stand part of the Bill.

The occupant of the Chair left the Chair (Programme Order, 12 October).

The Deputy Speaker resumed the Chair.

Progress reported; Committee to sit again tomorrow.

Superannuation Bill

Nigel Evans Excerpts

Wednesday 13th October 2010 Commons Chamber

[Tessa Jowell]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Is the hon. Member for Gloucester (Richard Graham) giving way?

[The Lord Commissioner of Her Majesty's Treasury (Jeremy Wright)]

No, don’t! She is being discourteous.

Parliamentary Voting System and Constituencies Bill

Nigel Evans Excerpts

Tuesday 12th October 2010 Commons Chamber

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

I beg to move amendment 155, page 1, leave out line 6 and insert—

‘(2) (a) The Electoral Commission shall within two months of Royal Assent to this Act specify the date on which the referendum is to be held.

(b) The specified date must be—

(i) within 18 months of the date of Royal Assent to this Act, and

(ii) a date on which no other election to a parliament or assembly in the United Kingdom is to be held.

(c) The Minister must lay before Parliament the draft of an Order in Council to give effect to the specified date.

(d) The draft of the Order in Council under paragraph (c) above shall not be laid before Parliament until the specified date has been agreed by the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales.’.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Amendment 4, page 1, line 6, leave out

‘must be held on 5 May 2011’

and insert—

‘shall be held on a date specified in an order made by the Minister, provided that such date—

(a) shall not coincide with any poll or polls held for any parliamentary assembly or regularly held local government election; and

(b) shall be at least six months after the commencement of the referendum period (as specified in Schedule 1).’.

Amendment 126, page 1, line 6, leave out ‘on 5 May 2011’ and insert

‘within 18 months of Royal Assent on a date that shall not coincide with any poll or polls for any parliamentary assembly or regularly held local government elections, to be specified by order subject to the approval of both Houses and following a consultation undertaken by the Electoral Commission.’.

Amendment 1, page 1, line 6, leave out ‘5 May 2011’ and insert ‘8 September 2011’.

Amendment 124, page 1, line 6, leave out ‘5 May’ and insert ‘2 June’.

Amendment 225, page 1, line 6, leave out ‘5 May 2011’ and insert

‘the day of the next general election’.

Amendment 5, in schedule 1, page 14, line 7, leave out

‘day on which this Act is passed’

and insert ‘relevant date’.

Amendment 6, page 14, line 8, at end insert—

‘1A (1) For the purposes of paragraph 1(a) above the “relevant date” is a date specified in an order made by the Minister, after consultation to be held after Royal Assent to this Act with the Electoral Commission as to an appropriate period for the fair conduct of the referendum.

(2) If in the opinion of the Electoral Commission the date on which Royal Assent is given to this Act would mean that there would be an insufficient period for the fair conduct of the referendum if it were held on the date otherwise required by section 1, the Minister may by order specify such later date on which the referendum shall be held as the Electoral Commission shall approve.’.

[Mr MacNeil]

I am glad that I may speak to our amendment on the date of the referendum on the voting system.

The current proposed date makes the referendum a squatter in another’s house, perhaps even a parasite. It is quite unbelievable that, of all possible days, one has been chosen that means the concerns of parts of the current UK are completely overlooked and disregarded. It is almost as though the Bill were intended to find opponents, and it has been successful in that end. It has created a coalition of opponents.

The handling of the referendum’s timing has been at best insensitive and insulting and at worst high-handed and cack-handed. In Scotland, we have already moved our council elections by a year so that they do not interfere with the parliamentary elections and vice versa. We have shown respect for others and each other. I have heard about the respect agenda, and I am now seeing its substance. I have also heard about the Liberal-Tory big society, and I wonder whether that is as vacuous, but that is another debate.

The fact that the Electoral Commission has sent guidance to Scotland’s 32 local authorities informing them that the referendum will be “the senior poll” is bad news for all of us who respect what happens in the Scottish Parliament. The counting of ballots for the Scottish Parliament will come second, which could delay some Scottish parliamentarians’ results until the next day, or perhaps even later given Scottish geography or, as I can testify from the experience of the 2007 election, weather. The same could apply in Northern Ireland. Wales has already seen the problem coming and moved its elections, because there are to be two referendums, a council election and an Assembly election in 2011.

For all parties in Scotland, the question is why Scottish issues should be put on the back burner for a referendum for which there appears to be little real public appetite. There has been surprisingly honest input on that question—hostile, some might call it, although we might call it sensible. There has been sensible input from Jim Tolson, who happens to be the Liberal Democrat MSP for Dunfermline West. He has supported us, saying that he is very much against having a referendum on the same day as the Scottish election. Oh that the Liberal Democrats south of the border could show the same sense.

Fixed-term Parliaments Bill

Nigel Evans Excerpts

Monday 13th September 2010 Commons Chamber

[Mr Straw]

On a point of order, Mr Deputy Speaker. Will you confirm that, as “Erskine May” makes very clear, when a Minister seeks to quote in detail from a document, it must be laid on the Table of the House?

[Mr Deputy Speaker (Mr Nigel Evans)]

I understand that “Erskine May” states that, but how much detail has just been given is open to debate. I call Mr Clegg.

[The Deputy Prime Minister]

I hope that the right hon. Gentleman will acknowledge that I have merely referred in passing to a court case, which, as I said, confirms that courts will not involve themselves in internal parliamentary proceedings.

The Bill explicitly confirms that the Speaker’s certificate

“is conclusive for all purposes.”

So the decision is for the Speaker, not the courts or the Executive.