Elections Bill

Baroness Fookes Excerpts

Lords Hansard - Part 1 & Committee stage
Wednesday 23rd March 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I have a number of amendments in this group. The first two, Amendments 134 and 135, are designed to probe the fact that the Government have changed the voting system for the next Mayor of London election and other mayoral elections—my amendment specifically uses that example—and for police and crime commissioner elections. I want to probe the reasons why the Government have decided to make these changes and why they were included so late during the progress of the Bill. I look forward to hearing from the noble Lord, Lord Wallace, when he speaks further on this although I will make my own comments on our concerns more broadly about Clause 11.

Clause 11 was inserted, as I am sure noble Lords are aware, during Committee stage in the House of Commons and proposes changing the voting system for all PCCs, combined authority and local authority mayoral, and London mayoral elections to a first past the post system. It was not included when the Bill Committee took evidence on the Bill. In fact, my honourable friend Cat Smith MP actually made a point of order to the chair during the committee’s evidence sessions to ask whether the committee could take evidence from witnesses on the issue of electoral systems. The chair was very clear in saying that that was out of the scope of the Bill and so committee members were not able to take evidence on electoral systems.

The Government’s intention to include this change, despite this, was announced in a Written Ministerial Statement after the then Minister, Chloe Smith MP, had given her oral evidence to PACAC; this was after evidence to PACAC and after evidence to the Bill Committee. PACAC then received correspondence from several combined authority mayors who made it crystal clear that the inclusion of this change to the electoral system in the Elections Bill came as a complete surprise to them and they felt that they and their local communities had not been consulted properly on the proposed changes.

For example, Dan Jarvis, mayor of South Yorkshire, said:

“The government has not consulted with local communities on this major change, even though the last time a government proposed a reform of the electoral system they put it to a referendum. Greater local consultation would have been carried out for a mid-sized infrastructure project than they have offered for a major constitutional change.”


Similarly, Jamie Driscoll, mayor of North of Tyne Combined Authority, expressed concern about the topdown way this change was being made. He said:

“As a matter of principle major constitutional changes should not be imposed on local areas without full consultation and without taking into account local preferences. To do otherwise runs directly counter to the principle of local control which devolution is meant to enshrine, and inevitably fuels cynicism and growing loss of trust in our democracy.”


Andy Burnham, mayor of Greater Manchester Combined Authority, disagreed with the Government’s assertion that voters are confused by the current supplementary system. He further stated:

“The Government has also argued that it wants to bring these elections in line with other English or UK-wide elections. However, the comparison between Mayoral elections and those of MPs or local councillors is a false one. As Mayor, I am elected as an individual executive decision-maker, not to be part of a wider legislature. That difference is important and drives the need for a different electoral system.”


The view that the supplementary vote system was a positive one for the role of mayor was also expressed by Dan Norris, mayor of the West of England Combined Authority. He believes it is important that the present supplementary voting method allows voters to express a second preference if no candidate receives 50% of the vote because

“this ensures that a candidate must have a larger base of support to win”

and is

“more helpful to the democratic process”.

The London mayor is also concerned. He is particularly concerned because the moves in this Bill would overturn the 1998 Greater London Authority referendum result which specifically described the supplementary vote system that Londoners voted overwhelmingly in favour of. All previous London mayors won more votes than any other candidate in the first round, so the mayor is also not convinced that changing to first past the past would have given different results.

The conclusion in PACAC’s report said:

“Regardless of the benefits or disadvantages of the changes made by the Bill to the electoral system for those offices, the manner in which the proposed legislative change was brought about is unsatisfactory. Making changes such as this after the Bill has been introduced and debated at Second Reading is disrespectful to the House.”


It is disappointing that the Government’s response to PACAC’s report did not address this comment. I know that the Minister is a decent person. Does he agree that the way these changes were introduced was disrespectful to the House? Does he agree that this disrespectful attitude is compounded by the fact that this is an elections Bill—a Bill of constitutional importance that requires those in power to behave with the highest respect for due process in order to protect our democracy and trust in government.

The Minister may well say this is a manifesto commitment, as was said in the other place. Yet while the manifesto includes commitments to strengthen the accountability of elected police and crime commissioners and to continue to support first past the post, it does in fact reverse the 2017 manifesto pledge to impose first past the post in elections that currently use proportional systems. So that was a previous manifesto pledge, from 2017, overturned in 2019.

Amendment 144D in the name of the noble Lord, Lord Mann, would enable returning officers to provide for early voting where they believe it would improve participation. I note that the Welsh Government have developed flexible voting pilot schemes that will take place at the local government elections, in four areas in Wales, this coming May. It will be interesting to read the Electoral Commission’s independent evaluation of the impact and effectiveness of these schemes, which I understand is due to be published in August 2022. I look forward to hearing further from the noble Lord, Lord Mann, on that amendment, and to the Minister’s response to my questions. I beg to move.

[The Deputy Chairman of Committees (Baroness Fookes) (Con)]

The noble Lord, Lord Campbell-Savours, is taking part remotely, and I now invite him to speak.