Combined Authorities (Mayoral Elections) (Amendment) Order 2017

Baroness Pinnock Excerpts

Wednesday 6th December 2017 Grand Committee

[Lord Young of Cookham (Con)]

My Lords, in speaking to this order I shall speak also to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2017. The purpose of these instruments is to modify provisions in the Representation of the People Act 2000 to enable the pilot scheme provisions to apply to combined authority elections and local mayoral elections. These provisions were brought into effect in 2000 and used extensively in pilots in 2007. There has been no piloting of changes to the voting process since 2007 but new polls have been introduced to other local authority elections; namely, elected local mayors and mayors for combined authorities. At present, the 2000 Act piloting provisions do not fully apply to these new polls.

Earlier this year, the Government announced that they would be conducting pilots for voter identification at the local elections in May 2018, in line with their manifesto commitment to,

“legislate to ensure that a form of identification must be presented before voting”.

Voter ID is part of the Government’s commitment to improve the security and resilience of the electoral system that underpins our democracy, and will ensure that people have confidence in our democratic processes. Five authorities have indicated their intention to run voter ID pilots at the local elections in May 2018: Woking, Gosport, Bromley, Swindon and Watford, while Tower Hamlets will pilot new security features for postal voting. Watford and Tower Hamlets will also be holding local mayoral elections in addition to their local council elections.

The powers to alter electoral conduct rules for the purpose of running pilots are contained in Section 10 of the Representation of the People Act 2000. Section 11 of that Act enables the Secretary of State to apply measures trialled in a pilot scheme generally, taking into account any report on the scheme provided by the Electoral Commission under Section 10. Currently, these sections make provision to conduct pilot schemes in local authority and Greater London Authority elections.

As I indicated a moment ago, two of the local authorities that plan to conduct pilot schemes in May 2018 for local government elections will also be holding a local authority mayoral election on the same day. These polls are usually held in combination, for the benefit of electors and administrators. The proposed changes will allow pilot schemes to be conducted at both these polls. This will ensure that voters have a smooth voting experience. It would be confusing for voters if the provisions being piloted applied to one poll but not the other poll being held on the same day. The changes will also facilitate the effective administration of the polls being held.

More generally, the statutory instruments we are considering will enable pilot scheme orders to be made that are intended to improve the voting experience for voters and make the electoral process more secure. The pilot order schemes will also allow evidence to be collected for statutory evaluation by the Electoral Commission of the impact of voter ID in polling stations. That evidence and evaluation will inform the Government’s decision about how most successfully to meet their manifesto commitment to introduce voter ID nationally. There are currently no pilot schemes planned at a combined authority mayoral election—“metro mayors”, as the media have termed them—but the order will facilitate any pilot scheme orders for combined authority mayoral elections to be held in the future.

I turn briefly to the detail of the proposed changes. As I explained, Section 10 of the Representation of the People Act 2000 enables the Secretary of State to, by order, make provision for running pilot schemes relating to the conduct of local government elections in England and Wales. Section 11 allows the Secretary of State to apply those changes generally. Section 10 as drafted does not enable changes to be made to the conduct rules for local mayoral elections. Also, provisions in Section 11 that enable measures tested in a pilot scheme to apply generally and on a permanent basis do not encompass conduct rules for local mayoral elections. When the mayoral rules were made in 2007, provision was made to apply Sections 10 and 11 of the RPA 2000 to mayoral elections. However, a further modification was needed to enable changes to be made to the mayoral conduct rules as those rules are made under the Local Government Act 2000. Sections 10 and 11 enable changes to be made only to conduct rules made under the Representation of the People Acts. This was a technical oversight. The regulations make these modifications to enable pilot scheme orders under Section 10 of the RPA 2000 to make changes to the mayoral conduct rules. This will enable pilot scheme orders to be made that will facilitate voter ID pilot schemes during local mayoral elections in the short term, and any other pilot schemes in the longer term.

I turn to the Combined Authorities (Mayoral Elections) (Amendment) Order 2017. Similar to local mayoral elections, Sections 10 and 11 of the RPA 2000, as currently drafted, do not enable the conduct rules for combined authority mayoral elections to be modified. When the combined authority mayoral order was made in 2017, provision was made to apply Sections 10 and 11 of the RPA 2000 to combined authority mayoral elections. However, a further modification was needed to enable changes to be made to the 2017 conduct rules, made under the Local Democracy, Economic Development and Construction Act 2009. Again, this was a technical oversight. The order makes these modifications to enable pilot scheme orders under Section 10 of the RPA 2000 to make changes to the combined authority conduct rules for the purpose of conducting pilots.

We are also taking the opportunity to address a technical issue concerning the subscription of candidates’ nomination papers at combined authority mayoral elections. The order will amend the definitions of “elector” and “local government elector” to clarify who may subscribe a nomination paper. A subscriber must be of voting age on the day of the poll and they must be on the local government register of electors on the last day for the publication of the notice of election, which must be published no later than 25 working days before polling day. It also includes new versions of the form of the nomination paper for use by candidates of the combined authority and mayoral elections as a consequence of these changes.

The provision for the combined authority mayoral elections did not contain the limitation of the register being the one produced by the last day for publication of the notice of election, which is the case for other polls. This meant that administrators had to check subscribers on the register up to that date and beyond it, which opens up scope for confusion and error, as this was unlike the position for other polls. This change brings the provision in line with those for other polls and therefore also supports more effective administration when polls are held in combination. These amendments will make combined authority mayoral elections consistent with other polls on this issue and provide certainty to candidates and administrators on who may subscribe a nomination paper.

Our principal stakeholders, the Electoral Commission and the Association of Electoral Administrators, have been consulted on these draft statutory instruments and they are content. Furthermore, they have expressed support for voter identification pilots in general. The Cabinet Office and the Electoral Commission will undertake detailed evaluation of the pilots, after which the Government will announce the next step towards implementing voter ID nationally.

We consider that these instruments are necessary for the conduct of electoral pilots in respect of local mayoral elections and combined authority mayoral elections, and that they make the law governing candidates’ nominations at combined authority mayoral elections consistent with other polls. I commend these instruments to the Committee.

[Baroness Pinnock (LD)]

My Lords, again I draw the attention of the Committee to my registered interests as an elected councillor in Kirklees and a vice-president of the Local Government Association. I understand, appreciate and welcome the technical changes in these two statutory instruments, which ensure that the opportunity to take part in the pilot for voting ID, among others, can include mayoral elections.

My noble friend Lady Thornhill is currently the elected Mayor of Watford, which is one of the pilot areas in next year’s elections. No doubt it was that and the Tower Hamlets situation that have triggered these SIs. I asked my noble friend Lady Thornhill what sort of ID they were using. It is quite interesting: they require people to bring their polling cards as their form of identity when they vote. Failing that—because those involved in elections know that polling cards constantly get lost—they can bring other forms of written ID. Interestingly, they are not required to provide photographic ID.

I am concerned that, following the report by Eric Pickles, the Government seem to be focusing their attention on voter identification in order to improve the integrity of the ballot, rather than focusing on the area where there is evidence of larger fraud: the use of postal votes. I am concerned, and have been for a long time, about the abuse of postal votes, for a number of reasons. One reason is that for some families in some communities—where the whole family votes by post—a secret ballot does not exist. In particular, that has a negative effect on women’s rights to express their own opinion when they vote. That issue, unfortunately, has not been addressed through this.

I also draw the Minister’s attention to the widespread use of postal votes in areas whereby they are collected and filled in by others. We know this from court cases. Despite the best efforts, which I accept have been made, to improve the identifiers on postal vote applications and hence on the form and the ballots as they are completed, in my experience they might have reduced but certainly have not prevented continuing abuse of the postal voting system.

Lastly, when it comes to voter identification, we need to learn from the experience of those of us who have been involved in elections. I will relate an experience I have had to illustrate the point. It took place a few years ago, but I will not say in which area it was. A guy drove his car down the street and pressed the horn. People came out of various houses. The man in the car handed out polling cards and off those people went to vote. Linking the polling card with the person has not prevented abuse in the past and I am not necessarily convinced that voter ID would reduce it now. It might also prevent some people voting because they would not want to have photographic identification.

I am all in favour of improving the integrity of the ballot because it has been eroded over the past few years, but I am not convinced that we have found the solutions. Having said that, I totally support these statutory instruments.

[Lord Campbell-Savours (Lab)]

My Lords, the noble Baroness, Lady Pinnock, has just referred to improving the integrity of the ballot. That is precisely what was behind the debates we had some years ago on electoral registration, which I opposed most vigorously, as indeed did some of my noble and honourable friends. The reason was quite simple. We are wasting millions of pounds on electoral registration when in fact we should be doing what the noble Baroness herself said. We should be concentrating our efforts on where the real fraud lies, and that is in selected areas. I remember moving an amendment to do something precisely to that effect in this place. We had a Labour Government at the time but they rejected it. We should not have been wasting money on a national scheme; we should have concentrated our efforts on those areas with a real problem. We knew that where there was a problem, local authorities themselves would ask for additional resources to sort out the issues. Of course that is why we still have some fraud in the system.

I want to go a little wider on this. The noble Baroness referred, I think, to polling cards. Again, there is an inconsistency because she wants to enforce some kind of system to make sure that ID works. Well, why not go the whole hog and have ID cards, which would sort out the whole problem? In those circumstances we could do away with electoral registration. We would go down exactly the same route as I did the other day with the Minister, the noble Lord, Lord Young, at the Dispatch Box, because he knows that the ID card is the way to sort this problem out.

I want to turn to something else regarding the nomination form because there has been some discussion about nomination papers. I have always believed that when a candidate stands for public office, there should be a declaration of interest. Why should there not be a full declaration of interest on the nomination form which is published by the local authority, whether it be a candidate for a parish council, Parliament or whatever? The public would then know the interests of the person standing. The problems with these people standing for public office often arise out of the fact that they have an interest which subsequently turns out to have compromised the positions that they are taking within their respective authorities. I put that to the Minister—I do not expect an answer today. However, let us now consider the whole question of declaration of interests by candidates being published at elections where everyone can see them.

Lastly, I raise the whole question of the voting system. One of the great—I suppose it was minor—contributions I have made in my modest political career was to devise the supplementary vote system. I named it in my house, brought it here, and in the end it was adopted by the Labour Government and is still in operation in mayoral elections. I would like to see an audit on how effective it has been, because there is still some criticism of the supplementary vote. My view is that it works. When you check through the election results over the year in the various authorities, whether that is in police authorities or whatever, and you look at where it has worked, it has worked in some interesting areas. Have the Government done an audit of how it operates, and how effectively?