Elections and Returning Officers

Debate between Brian Binley and Mark Harper

Wednesday 20th October 2010 Westminster Hall

[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.

--- Later in debate ---

[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.