Parliamentary Voting System and Constituencies Bill

Lindsay Hoyle Excerpts

Monday 18th October 2010 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I beg to move amendment 261, page 14, line 8, at end insert—

‘Counting officers

1A (1) The counting officer for a voting area that is—

(a) a district in England,

(b) a county in England, or

(c) a London borough,

is the person who, by virtue of section 35 of the 1983 Act, is the returning officer for elections of councillors of the district, county or borough.

(2) The counting officer for the City of London voting area is the person who, by virtue of that section, is the returning officer for elections of councillors of the London borough of Westminster.

(3) The counting officer for the Isles of Scilly voting area is the person who, by virtue of that section, is the returning officer for elections to the Council of the Isles of Scilly.

(4) The counting officer for a voting area in Wales is the person who, by virtue of provision made under section 13(1)(a) of the Government of Wales Act 2006, is the returning officer for elections of members of the National Assembly for Wales for the constituency that forms the voting area.

(5) The counting officer for a voting area in Scotland is the person who, by virtue of provision made under section 12(1)(a) of the Scotland Act 1998, is the returning officer for elections of members of the Scottish Parliament for the constituency that forms the voting area.

(6) The counting officer for the Northern Ireland voting area is the Chief Electoral Officer for Northern Ireland.’.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following: Government amendments 262, 168, 169, 263, 265, 266 and 270.

Amendment 353, in schedule 2, page 49, line 15, at end insert—

‘(aa) certify as respects the votes cast in each parliamentary constituency within his area—

(i) the number of ballot papers counted by him in that parliamentary constituency; and

(ii) the number of votes cast in favour and against to the question asked in the referendum.’.

Government amendments 279, 280, 307, 309 to 322, 325 and 326.

[Mr Harper]

The Government have tabled a number of amendments relating to the referendum that are necessary to allow for the smooth running of the poll on 5 May. A number of the amendments—261 to 263, 270, 279, 280, 307, 309 to 322, 325 and 326—provide that all returning officers appointed for the local district council or borough elections in England, for Assembly elections in Wales, or for the parliamentary election in Scotland, are automatically designated as counting officers for the referendum. The provisions also appoint the chief counting officer for Northern Ireland as the counting officer in the referendum. That displaces for the referendum the standard position under the Political Parties, Elections and Referendums Act 2000, which provides that the chief counting officer would need to appoint the individuals.

The key advantage of the approach that we are taking is that the returning officer and the counting officer will always be the same person, and that will provide returning officers with certainty that they will be the counting officers for the referendum. It will also ensure that the counting officers in the referendum have the necessary experience. The approach that we have taken to the appointment of counting officers is generally consistent with the practice for other statutory elections where legislation automatically deems, or provides for, the appointment of certain postholders in local authorities as returning officers for different elections—for example, local authority returning officers automatically become returning officers for the purposes of European parliamentary elections.

Government amendment 326 makes changes to the definition of the voting area for Scotland and Wales. The change ensures that in Scotland and Wales the referendum will be run on the same respective boundaries as the Scottish parliamentary and Welsh Assembly elections. No changes are required in respect of the current provisions in the Bill for England, which already allow for the referendum to be run on the same boundaries as the local government elections, which are scheduled to take place on 5 May.

--- Later in debate ---

[Nick Boles]

Parliaments, sorry—forgive me. In the other nations of the United Kingdom, it makes sense to use their constituencies. In England, however, where all we have are local authority elections, it makes sense to use them. That is a practical measure. It is not to suggest that it is legitimate to start second-guessing the result on the basis of whether, in this or that constituency, the alternative vote passed. What the hon. Member for Rhondda (Chris Bryant) is suggesting is an entirely unnecessary, further division—

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Order. I was generous in allowing such a long intervention, but the hon. Gentleman has gone on far too long. If the hon. Member for Rhondda (Chris Bryant) chooses not to answer, I will understand.

[Chris Bryant]

Well, I was going to make an attempt at an answer, but I do not know whether it will appease the hon. Gentleman.

I am not trying to undermine the result of the referendum. I would like every single person in Britain to vote in it. I would prefer a system that would lead to even turnout within the bounds of normal elections, rather than a system in which there were important general elections in some places—Scotland, Wales and Northern Ireland—but only local elections in 83%, I think, of England. It would provide for a nicer outcome if we could provide results by parliamentary constituency boundaries.

--- Later in debate ---

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

I beg to move amendment 328, page 15, line 35, leave out ‘may’ and insert ‘must’.

[The Chairman of Ways and Means (Mr Hoyle)]

With this it will be convenient to take the following: amendment 329, page 15, line 37, at end insert—

‘(aa) directions about the discharge of their functions specifically in relation to voters with disabilities;’.

Amendment 330, page 17, line 5, at end insert—

‘Disabled voters

7A (3) The Electoral Commission must take steps to ensure that disabled voters are able to access information and support to facilitate understanding and participation in voting and elections.

(4) The Electoral Commission must issue guidance in relation to ensuring voters with disabilities have equality of access to the places and process of voting.’.

Amendment 331, in schedule 2, page 26, line 31, at end insert—

‘3A Any notices must—

(a) be published in a minimum 12 point font size, and

(b) include a prominent message in minimum 16 point font highlighting the availablility of accessible formats.’.

Amendment 333, page 27, line 3, at end insert—

‘Access to voting for disabled people

5A Each ballot paper—

(a) must be produced in a range of formats accessible to people with disabilities;

(b) must contain a tactile voting template to ensure participation by a blind or partially sighted voter.’.

Amendment 334, page 27, line 26, at end insert—

‘(za) ensure such rooms selected for polling are accessible to persons with disabilities in accordance with the requirements of the Equality Act 2010,’.

Amendment 335, page 28, line 29, leave out from beginning to ‘about’ and insert ‘information’.

Amendment 336, page 28, line 32, at end insert—

‘(ba) a transcription into large or giant print;’.

Amendment 337, page 28, line 32, at end insert—

‘(ba) a transcription into electronic format;’.

Amendment 339, page 31, line 39, at end insert—

‘(za) information on assistance available at every polling station to ensure access for voters with disabilities;

(zb) clear instructions to all presiding officers and polling clerks on the right of all registered voters with disabilities to vote;

(zc) clear guidance to presiding officers about the information and support specific groups of disabled people require.’.

Amendment 340, page 31, line 45, at end insert—

‘(4A) For the purposes of paragraph (4)(zc) specific groups may include (although not exclusively)—

(a) people with mobility difficulties;

(b) people with a visual impairment such as blindness or partial sight;

(c) people with a learning disability;

(d) people with social or cognitive disorders such as autism or Asperger’s syndrome;

(e) people with mental health problems.’.

[Alun Michael]

I am grateful for the opportunity to speak to this group of amendments. I am particularly pleased that it includes a number of amendments tabled by my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger), who will speak to them in this debate.

The amendments relate to the referendum process, but in the long term they ought to apply much more widely to electoral arrangements in general. After all, the ability and right to vote is the central element of citizenship. The extension of that right and of the franchise—the inclusion of people in the electorate—has been central to the UK’s development into a mature democracy over many years. However, if the individual voter is unable to exercise their right to vote because physical obstacles are placed in his or her way, or if he or she cannot make sense of the ballot paper, the right to vote is meaningless. That is what the amendments address. If an individual cannot understand the choices before them, they are denied their democratic right. At the centre of these proposals is the importance of the democratic rights of those affected.

I pay tribute to the work of the Royal National Institute of Blind People, which has done a terrific job over the years to help Government Departments to understand what it means to look after the interests of the blind or partially sighted, or those who have even slight difficulties with seeing, perhaps with the onset of old age. The organisation has done that work consistently over many years. Today’s debate goes further than that, because it has been stimulated not only by the RNIB’s comments and concerns, but those of Scope and Mencap. A range of citizens with a range of disabilities and obstacles in their way could be helped if the Committee accepts the amendments, and I urge all Members to support them.

To illustrate where things can be improved, RNIB did a number of presentations—a number of Members on both sides of the Committee attended them, including the Deputy Leader of the House. It highlighted the implications, for instance, of the obstructions to understanding television. Members were invited into Aunt Megan’s living room, which was set out in the Strangers Dining Room, to see what following a television programme is like for people who do not have full vision. Actually, the dining room was changed into a more attractive place in many ways—the fact that Megan is the name of one of my granddaughters is absolutely irrelevant. Nevertheless, that imaginative demonstration got across to us how the inability to see things can affect people. Indeed, I am tempted to suggest that in order to lend weight to the argument for these amendments, the RNIB’s next exercise should be to lay out in the Strangers Dining Room a polling booth, complete with frosted glass and the other things it has sometimes provided in order to enable us to understand the problems. If it were to do so, all Members could see the issues that arise when the ballot paper is not absolutely clear, and I am sure that that would lead to Members of all parties being not just supportive of the amendments, but enthusiastic for them.

Ballot papers are often more complex than necessary, usually because the i’s are being dotted and the t’s are being crossed and all sorts of possible challenges are being eliminated. Of course, that has a consequence for those who need to be able to see very precisely what they are doing. As I have said, these amendments refer to the referendum process, although I think they should apply more generally. However, the design of the referendum ballot forms will be different from that of the familiar election forms, which is why these amendments are so important on this occasion.