Elections and Returning Officers

Brian Binley Excerpts

Wednesday 20th October 2010 Westminster Hall

[Mrs Laing]

My hon. Friend is, as ever, absolutely right. That is one of the problems we can foresee. We are all working hard—I know that the Minister in particular is doing so—to bring in individual voter registration as soon as possible. We all hope that individual voter registration will encourage more people to be involved, to register and to use their vote. We also find that where the media tell people that the outcome of an election is a foregone conclusion, many people think that there is no need to go and vote. If we have closer elections and it appears that there could, again, be a change of Government—let us hope not, but I suppose that it will happen one day—people are more likely to vote and there will be higher turnouts.

If the Parliamentary Voting System and Constituencies Bill, which is currently before the House of Commons, succeeds in going through Parliament, we will have a referendum next May and it is likely there will be a high turnout—although I have argued that that is not likely. However, in any case, there will be a national plebiscite where everyone will be given the opportunity to vote. That is not very far away. So although we will not have a general election for another four and a half years, we will have a full national election of sorts next May. Therefore, by securing this debate, I hope that I am helping to begin the discussion on matters that need to be taken into consideration before next May and the next set of elections.

One of the subjects that has not yet been fully explored is the role of the Electoral Commission, which is still a fairly new body. In many ways, it has been very successful. However, in some ways, it is still settling into its role. When taking the advice of the Electoral Commission on how to deal with the issue of returning officers and the timing of the count, we discovered that it has no power to require returning officers to act in a particular manner. The Electoral Commission only has the power to issue guidance.

As a matter for consideration, I suggest that such a situation is not fair. The Electoral Commission and its chairman were given the blame for what went wrong at 10 o’clock on election day, but it is not fair that they should take the blame when they had no power beforehand to put matters right. At 10 o’clock on election night, the Electoral Commission had no power to say to individual returning officers, “No, you can’t do this. You must allow people to vote. You must keep the doors open.” It had no power to tell people to act in a particular way. Nobody had any power. The Minister had no power; the Electoral Commission had no power; the local authorities had no power. There is no line of reporting or of authority for electoral registration officers and acting returning officers. In a modern democracy, where we spend hour upon hour in the Chamber discussing the minutiae of elections and their administration, as we have done over the past few days, it is appalling to discover that there is no line of authority whereby the administration of our elections can be properly decided.

In the run-up to the election, during which I had been fairly vocal about the problem of returning officers and the 10 o’clock vote, I found myself in a live radio debate with a particular returning officer, a lady from the north of England. I made the point during that debate that returning officers ought to be responsible to the electorate and ought to act responsibly. The lady’s retort, which was made live on the radio, was more or less along these lines: “How dare you, a Member of Parliament, try to interfere with how I, a returning officer, do my job. I am responsible to no one and I won’t listen to you, Madam.” Those were not her exact words, but it was clear that her message to me and to the three or four people listening was that returning officers were responsible to no one, and she was outraged that I would even suggest that Parliament should take some action in that respect. I was equally outraged in my response, but I will not repeat what I said. The fact is that the count in that constituency took place, I am glad to say, at 10 o’clock on election night.

The 10 o’clock issue is irrelevant; how our electoral system is administered is what is important. Over the past few years, various complications have arisen in elections, such as having more than one election on the same day, or different kinds of elections under different voting systems on the same day, as happens in Scotland. There is a danger that such complications will arise across the country next May, when a referendum and other elections will take place simultaneously in more than 80% of the UK. Indeed, in some parts of the country, three types of election will take place on the same day. On this occasion I do not object in principle to simultaneous elections, although I have done so on other occasions. The purpose of the debate is to open the discussion on how we ensure that elections are undertaken in a proper, measured and watertight fashion.

My first suggestion to the Minister is that the powers and duties of the Electoral Commission should be reconsidered and that perhaps the way forward is that it ought to be given a power to direct returning officers, electoral registration officers and acting returning officers. My second suggestion, which I am happy for the Minister to knock straight on the head, although I think it ought to be discussed, relates to the hypothecation of public money. The Treasury is implacably opposed to hypothecation, and there are good reasons for that, which I have always supported. However, the additional funds for electoral registration officers setting up and administering elections come directly from the Treasury, rather than local taxpayers. That is absolutely right, because if the money came from local taxpayers, a returning officer would have the excuse of saying, “Well, in this local authority we have had a particular problem with housing this year, and we have spent so much money on that that we simply do not have enough to spend on the proper administration of elections.” That would be the case whatever the current concern in a local authority, whether it is asylum seekers or an influx of Gypsies and Travellers. However, such excuses cannot be made because the money spent on elections comes directly from the centre.

Having come directly from the centre, however, that money is not ring-fenced or earmarked, so there is no hypothecation. I am suggesting, for the sake of argument, that the principle of hypothecation in that instance ought to be revisited. We are talking about money allocated from central Government for a specific purpose over a specific period of time, so that money that comes to returning officers and local authorities for the funding of electoral administration ought to be hypothecated and ring-fenced. I appreciate that the Minister may be bound to say that Treasury rules do not permit hypothecation, which I understand, but this is only the beginning of the argument.

[Mr Brian Binley (Northampton South) (Con)]

I am particularly pleased that my hon. Friend has raised this matter, as she has been doing for some years in the House through the auspices of the 1922 committee and with the Electoral Commission itself. My fear is that money is being leached across and leached out, as there is great pressure for that to happen in times of economic stress. I sincerely welcome her plea to the Minister and urge him to take the matter on board. Unless the Government do something about it, in these times of stress we will not see an improvement or have proper money spent on the administration of elections or on the training of registration officers and acting returning officers, and therein lies one of the vital points.

[Mrs Laing]

My hon. Friend, as ever, makes an excellent point. I know that he is rather an expert in those matters, and it is a pleasure to have his wisdom and guidance on them.

The basic principle is one of confidence. As a modern democracy, we must have confidence in how our elections are administered. I would have raised the matter for discussion—I hope that I would have had the opportunity to do so—even if the queues had not formed at polling stations at 10 o’clock on election night. Even before that happened, most of the questions that I have asked this morning were unanswered and are waiting for action. Having seen what happened at the close of the polls, I think that all of us who are involved in any way in the democratic process ought to hear alarm bells ringing. I know that the Minister takes the matter seriously and hope that I am being helpful by giving him one of the first opportunities to examine the matter and assure Members that the Government will take action before we have any serious national election to ensure that we have a proper accountability structure for those administering our electoral system.

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[Iain Stewart]

I have had examples in my constituency of people who have applied to reside permanently in the United Kingdom but are not yet full citizens using their presence on the electoral register as evidence that they are entitled to be here. I totally accept my hon. Friend’s point that the electoral register’s integrity is far from perfect.

[Mr Binley]

I am grateful for my hon. Friend’s important intervention, which supports my point.

[Nick de Bois (Enfield North) (Con)]

Is not part of the problem, as I found during the election, that if someone wishes to challenge a household’s electoral registration there are only 21 days in which the returning officer can do so? In the heat of the work in the run-up to an election, that is effectively impossible.

[Mr Binley]

My hon. Friend makes an important point. The Minister should consider, and I hope that he noted it.

With postal voting we have created a frightening potential for corruption in our election system. If it were not so important, the inability to ensure good and proper elections through the postal vote would be laughable. There was a time when the whole construct of postal voting was carefully created and checked, and its efficacy was understood and known to be absolutely within the prescribed limits. That time has gone because of the machinations of the previous Government, who did not understand what they were doing in that respect. We must all recognise the faults because the issue is more important than party politics. It is about the very basis of our electoral and democratic system—[Interruption.] I am happy to give way if the hon. Member for Rhondda (Chris Bryant) wishes to intervene.

Those two matters are vital, and there are many others. I want to describe from my experience the reasons for the decline. The business of electoral registration officers used to be a profession. People in local government offices did the job for years and years, and they had assistants who followed them and who had learned to do the job properly. We had the money to check whether a registration was valid by visiting the home of people seeking registration. The whole process was efficient, but that efficiency no longer exists because electoral registration has been downgraded dramatically in most council office structures, and the attitude seems to be, “Who will do the register this year, Fred?” It seems to be a last resort, and that is simply not good enough.

What can we do? My hon. Friend the Member for Epping Forest said that the Electoral Commission must be a more robust policing body. First, we must ring-fence the money that we allocate from national Government for the conduct of elections and registration. Money is being leached, and there is every reason why local authorities should so do. They are in trouble with money, but we must ensure that our money is used for the reasons for which it was designated. That means ring-fencing, and the Electoral Commission must be responsible for monitoring that money and ensuring that it is properly used for the purposes for which it was allocated. Secondly, we must spend money on training electoral registration staff and returning officers because the quality of their work has fallen, largely because the learning thread that goes from one officer to another no longer exists.

We must bring the law to bear much more. We must make criminal actions a higher priority in society. When someone cheats the electoral system, they cheat my vote and me. If we truly believe in a democratic process, we must ensure that the systems to undertake that democratic process are as viable and credible as possible, and they are not at the moment.

We have a good voting system, and I have made that clear in the House. It does not need to be tampered with for any reason, least of all for those that apply at the moment. The voting system is not broken, but the conduct of elections and electoral registration is a total mess, and if the Government had any sense they would recognise that democracy is in danger through those processes and not through the process of our electoral system.

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[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.

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[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 Binley]

My hon. Friend has touched on a very important point. People did not receive their postal votes until after the time allowed for the receipt of them. The returning officers have to stick to the rules, and that is why monitoring is necessary.

[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.