Elections and Returning Officers

John Leech Excerpts

Wednesday 20th October 2010 Westminster Hall

[Mrs Laing]

I accept the shadow Minister’s comment. I understand what he is saying, but he is making a different point on a different matter. I have a list of returning officers who allegedly did not do their jobs very well and yet were paid sums in excess of £12,000 or £15,000 to do that particular job for a few weeks. I am not the kind of politician who embarrasses individual members of society by announcing their names to be recorded in Hansard. We will leave that sort of thing to the tabloid press. The point is that there is no chain of accountability. That is where the problem lies, and that is where the problem lay when we examined how returning officers could be required or even just encouraged to start the election count upon the close of poll. That is also what we discovered when inquiries where carried out correctly by the Electoral Commission into how administration was taken forward for the election in May this year.

It is appalling that senior people in local authorities who have a position of responsibility and normally command salaries well in excess of £100,000—usually far more than that, as far as I can see from the statistics—have not properly planned for a general election and have got things so badly wrong that people were deprived of their vote. In the instances that occurred in May, it is fortunate that there were no cases in which the number of electors who allegedly were unable to vote because of returning officers’ maladministration was greater than the majority in that particular seat. Therefore, there was no reason for an appeal to the courts on the election result. In one way, that is fortunate because it would have meant uncertainty about the results of the election. In another way, however, it is unfortunate, because the matter has not been properly examined, which is another reason for my initiating this debate.

[Mr John Leech (Manchester, Withington) (LD)]

The hon. Lady is right: there is no evidence to suggest that any outcome would be different as a result of people being unable to vote on election day. However, we can never be sure about how many people turned up at polling stations, saw the enormously long queues that resulted from all sorts of chaos, went away again and did not bother coming back. That was a big disincentive in some areas, where people saw big queues and thought, “Well, I can’t really be bothered. I’ll just go home and won’t bother voting.”

[Mrs Laing]

The hon. Gentleman is absolutely correct; I am glad he made that point. We have spoken a lot lately about the need to encourage people to be involved in the democratic process and to encourage all age groups and people across the social and economic spectrum to register and use their vote. I mentioned earlier the number of people who allegedly turned up at the polling station and were denied their right to vote. That number may even be far greater than we estimate, because of the situation that he has described.

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[Mark Lancaster (Milton Keynes North) (Con)]

It is a pleasure to serve under your chairmanship, Mr Caton, and to contribute to this timely debate. I congratulate my hon. Friend the Member for Epping Forest (Mrs Laing) on securing it. She has been a champion for that cause and I was particularly interested in her comments and suggestions on the Electoral Commission, which I will touch on. I agree wholeheartedly with almost everything she said.

I shall briefly draw attention to some of the issues in my constituency, Milton Keynes North, which was one of the 11 constituencies that formed the focus of the Electoral Commission’s initial review, “2010 UK Parliamentary general election,” published on 20 May. Regrettably, the difficulties encountered in my constituency on election day were numerous.

Initially, problems arose early in the day around ballot boxes in one of the polling stations in Newport Pagnell, which was being used for voting in local council elections in two wards as well as the general election. Ballots for the wards were mixed up: ballots for Newport Pagnell North were issued to residents in the south and vice versa. Eventually, amidst the confusion, the police were called to attend and some votes were recalled. It is worth noting, though, that the people who had already voted were not contacted by officials to recast their local council votes in the right ward. Fortunately, there was a clear-cut election in both wards, and the number of ballots cast which were issued incorrectly was significantly lower than the majority of the winning parties, so there was no need to hold a new election. However, that is not the point.

Another issue that we faced in Milton Keynes, which I believe was not shared in many of the other affected areas, was the time it took for the general election ballots to be counted. The Electoral Commission’s guidelines—of course, they are just guidelines, as my hon. Friend made clear—suggest that the vote count should be started by 2 am on the morning after the election takes place. In Milton Keynes, due to the local election taking place on the same evening, the count began at 4.18 am, with the results announced at 8 am. Given the relatively small geographical area covered by Milton Keynes unitary authority, which is coterminous with the two parliamentary seats, the general view was that that was an unnecessarily long period to wait. I should emphasise that Milton Keynes is not a very big place.

Those instances highlight the fact that there are difficulties in holding more than one election on the same day—a view resonated by the returning officer of my constituency. Given the complications experienced in Milton Keynes, I should be grateful to know whether the Minister believes there is reason for concern and the potential for the same problems to occur again next May, when some polling stations may have to deal with three separate elections on the same day.

I would now like to focus my attention on an issue faced by several polling stations in Milton Keynes North and in 10 other constituencies around the country. It became apparent at 8.30 pm that large queues were forming outside three polling stations. The acting returning officer, John Moffoot, did well to follow procedures and was proactive in sending senior council officers to monitor the congested polling stations. He himself went to the Wyvern school polling station, which appeared to be the worst affected. With more than 150 people still queuing to vote after the 10 pm deadline, Mr Moffoot, with some concern for the safety of polling staff, decided to go against Electoral Commission guidelines and allow those in the queue at 10 pm to be issued with ballot papers after the 10 pm cut-off point.

It is my understanding that, at present, returning officers must follow strict guidelines on closing polling stations at 10 pm unless issued ballot papers are still being marked. That is the only circumstance in which ballots should be submitted after the deadline. It is interesting, though, that following the review carried out by the Electoral Commission, the returning officer for Milton Keynes North did not receive the same amount of criticism for allowing polling to continue as returning officers who closed polling stations at 10 pm received for disallowing voting by approximately 1,200 of the electorate around the country. I supported Mr Moffoot’s actions and, indeed, the Electoral Commission’s conclusions, but I believe that this case highlights a key area for concern, and a need for clarification or review of the law. To that end, I ask the Minister whether he believes that there should be a review so that Mr Moffoot would not again be put in a position where he is required to turn people away from polling stations even though they were queuing to vote before the 10 pm deadline.

The perception is that turnout at this year’s general election was higher than in previous elections, but the reality in Milton Keynes is that it was not. Indeed, this year’s turnout of 62.8% was relatively low compared with some previous elections; for example, in 1983 it was 74%, in 1987 it was 73%, in 1992 it was 81%—an all-time high for Milton Keynes—in 1997 it was 73%, in 2001 it was 63%, and in 2005 it was 64%. Given that, I fear similar occurrences in future elections if the problem is not addressed.

It is clear that some of the issues can be addressed without the need for legislation by ensuring careful choice of polling stations, although I understand that there are restrictions on which buildings may be used. The hon. Member for Manchester, Withington (Mr Leech) made a good intervention. He said that we simply cannot estimate how many people decided not to vote when they saw long queues at polling stations. On the basis of contacts that I had after the election, I would estimate that several hundred people in my constituency chose not to queue and vote. Once again, I am pleased to say that the result in Milton Keynes North was decisive, and I do not think that that factor affected the election result.

[Mr Leech]

There is certainly anecdotal evidence from constituents. One told me that there was a big queue when they turned up at the polling station at 6 o’clock. They went away and came back at 7, but there was still a big queue. When they came back at 9 the queue was even bigger, so they simply gave up.

[Mark Lancaster]

The hon. Gentleman makes the point that I wanted to make. It is clear that the problems faced in my constituency were not isolated incidents. Praise should be given to the Electoral Commission for its swift publication of the interim report on the problems faced in a few constituencies, but I believe that we should address the confusion and difficulties regarding the 10 pm cut-off to guarantee that those who wish to vote are able to do so. I would suggest to the Minister that the actions taken by Mr Moffoot in Milton Keynes to alleviate the problem were right, even though, in the eyes of the law, they were wrong.

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[Mr John Leech (Manchester, Withington) (LD)]

May I add my congratulations to the hon. Member for Epping Forest (Mrs Laing) on her thoughtful speech this morning about returning officers and the conduct of elections? I am delighted to have the chance to speak this morning, mainly because, disappointingly, Manchester, Withington was one of those constituencies that was the scene of chaos on election night in May. The polling station at Ladybarn community centre was constantly on the news for days because someone had filmed the events there on a mobile phone. There were angry scenes, with more than 200 people questioning why they were not being allowed to vote even though they had been waiting at the polling station, for up to an hour in some cases, to exercise their right to vote.

In Manchester, Withington there were three main reasons for the chaos on election night. The first was an increased turnout, which was expected—but it was an increased turnout of those who were more likely to vote later in the day. If they had turned up earlier, they might have waited longer than they would normally but there would not have been the scenes of chaos that there were later in the day. That needs to be taken into consideration when we look at ensuring that everyone who is in the queue at 10 o’clock has the right to cast their vote. Obviously many people are unable to vote during the day, and if they have to vote late at night, even if they have to queue, they must have the opportunity to do so if they are at the polling station before 10 o’clock.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The hon. Gentleman raises an important issue. If, as we learned in yesterday’s debate, there is to be a drive for higher registration and it is successful, as I hope it will be, and more people are registered who previously did not vote because they were not registered and, therefore, are less likely to be disposed to vote earlier, the problem that he is outlining will probably increase in future elections. There will be not only people queuing to vote who are normally registered and have gone late because of social problems or work commitments, but an additional issue of previously non-registered voters turning up to vote late. Therefore, the problem that the hon. Gentleman has outlined will be much worse next time.

[Mr Leech]

I thank the hon. Gentleman for his intervention. The reality is that we do not know what will happen to people who have not been previously registered and we do not know whether, having been registered, they will be likely to vote, and if so, at what time. The issue needs to be considered. We must be ready for potential additional chaos late at night.

The second reason why we had chaos in Manchester, Withington was that some polling stations were expected to deal with too many people turning up to vote—way above the limit recommended by the Electoral Commission. That issue is being addressed in Manchester and, I am pleased to say, the council is acting on extending the number of polling stations to improve the situation.

The third reason why there was a problem in Manchester, Withington was the dual election—one being a general election. In some parts of the country, people are used to general elections on the same day as local elections, but that has not happened in Manchester for a very long time. Considerable confusion and delay resulted. Some people were told, “Oh, actually, you’ve got two votes. You can vote in the local and general elections,” but a significant number of people were entitled to vote in the local elections but not the general election, and that had to be explained to them because there was confusion. That number of people was probably significantly bigger in Manchester and other city areas.

From previous exchanges with the Minister, I know that I have not won the argument about the general election date being set in stone and separate from any other elections. I still firmly believe that the general election should not be held on a day when other elections or referendums are held, but the Minister does not accept that point. I am on to a loser there.

I wanted to speak in the debate today, not necessarily about the chaos on election night, but mainly about payments awarded to chief executives who act as returning officers at general elections. I confess that I was stunned to find out that running the general election as a returning officer was not in the job description of the chief executives of big councils. I do not want to target Sir Howard Bernstein, the chief executive of Manchester city council but, my constituency being within the boundaries of Manchester city council, he is the example I have. Sir Howard is an excellent chief executive and has done a great job for Manchester, but chief executives are well paid for the jobs that they do—the chief executive of Manchester city council earns significantly more than the Prime Minister—and yet a £20,000 bonus was payable to him for running the general election.

Given that at least 200 or 300 people missed out on voting in Manchester, Withington, I question whether any bonus was deserved. To his credit, Sir Howard returned 20% of his bonus, due to there being five constituencies in Manchester and the Manchester, Withington election not running smoothly—he returned the whole 20% for that constituency. However, I question whether any sort of bonus was justified if a single person in Manchester was unable to vote on general election day through no fault of their own, and there were clearly a significant number of people in that position. The chief executive in Sheffield forwent his entire bonus due to the chaos there.

Finally, there ought to be an assumption that the chief executive of a large council is the returning officer, and that should be part of their job description. There should never be additional payments simply for running an election and ensuring that we have democracy in our constituencies and our local authorities.

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[Chris Bryant (Rhondda) (Lab)]

It is a delight to serve under your chairmanship, Mr Caton, and yet again to gather together this group of hon. Members who take an interest in electoral matters. No doubt we shall gather again this afternoon for the next round of discussions. I congratulate the hon. Member for Epping Forest (Mrs Laing). There are many things I do not understand about the Government, one of which is why she is not a Minister. She is extremely efficient, capable and competent, and she always makes her argument very well. Yesterday she got a little cross with me. I do not take any offence at that, although a lot of people do.

The basic message from the debate, which I hope returning officers will understand, is that many of us who are involved in politics as elected politicians worry that we are taking democracy somewhat for granted. We all worry about the fact that turnout has fallen, as the hon. Member for Milton Keynes North (Mark Lancaster) mentioned. Turnout rose slightly at the last general election, but it is still lower than it was in the 1980s and earlier. Now is not the time to rehearse those arguments, but in Wales turnout was consistently above 75% or 80%. Wales often had the highest levels of turnout, but lately they have been some of the lowest. That is a worry to us all.

It is all too easy for local authorities, which often make the decisions about funding for the democratic process, to take democracy for granted. A local authority might have to choose between keeping a swimming pool open, which will cost £100,000 a year, or doing a full canvass of every house to ensure that everybody who is entitled to vote is on the register, and that everybody who is not entitled to vote is not on it. Elected politicians at local level sometimes choose to protect the swimming pool rather than the democratic process.

I suspect that over the past few years, the whole anti-politics movement—to give it a name—has added to that problem. Too many people felt that all politicians of whatever political party were in it just for themselves, and that there was no point in voting because, in terms used by many comedians, “If voting made any difference, they’d abolish it.” The issue of Members’ expenses also fed into that, and that cynicism has weighed heavily on the political system over the past few years. That has fed into the presumption that money spent on the electoral register or on electoral processes was not money well spent. That is a mistake.

I am sure that we can all remember watching the first time that people voted in South Africa. There were queues not only down the street but round the block for days. People were camping out and waiting to vote. Watching people vote in countries such as Iraq or Afghanistan, where they might have been running terrible risks to do so, fills a lot of us with admiration. In the Balkans, boycotts of elections have sometimes been organised by one ethnic grouping, and it has been great to see turnouts that were significantly higher than many had anticipated. That is why the scenes that we saw in May were sad. It is fortunate—and only fortunate—that there was no constituency in which the number of people who we know were not able to vote was higher than the majority of the candidate who won. Therefore, we can be confident that that issue may not have affected the result.

The hon. Member for Manchester, Withington (Mr Leech) makes an extremely good point: we have no way of knowing how many people went to the polling station, saw a long queue and thought that they would come back later. Perhaps they came back later but still saw a queue and gave up.

[Mr Leech]

There is also the fact that there were local elections on the same day. I guess that in some constituencies, the result of the local election in a particular area was very close. It may be that some people were elected to local councils who would not have been elected if everyone had had the chance to vote.

[Chris Bryant]

The hon. Gentleman makes his point, and I hope that the Minister will be able to answer him on it. I will speak about combined polls a little later.

The Opposition tried to provide an answer to the issue of 10 o’clock voting with an amendment that was discussed last Monday. Unfortunately, not enough hon. Members felt able to vote for it. The Minister said that the problem with our amendment was that it introduced the concept of a queue into British legislation, and that that might be difficult to define. If the British Parliament cannot define a queue, I do not know which Parliament in the world would be able to do so. Many other places in the world have a system in which, for example, a person’s finger is dabbed with indelible ink the moment that they present themselves, and that is the moment at which they are entitled to receive a vote. I am sure that many other ways could be devised. I hope that the Minister will look specifically at a way of ensuring consistency across the country.

The hon. Member for Milton Keynes North made the point tellingly: in some constituencies, the returning officer decided to be generous and to stretch the regulations in one direction, but in other constituencies they decided to be extremely strict about how they operated the system. That inconsistency around the country does not inspire confidence in voters. In subsequent elections, people might think that if it is 9.30 pm or 9.45 pm there is no point going to vote because there are always queues at the polling stations.

I do not want to be nasty to the Minister this morning—