European Union Referendum (Conduct) Regulations 2016

Debate between Lord Hayward and Lord Kennedy of Southwark

Monday 22nd February 2016 Grand Committee

[Lord Kennedy of Southwark (Lab)]

My Lords, I say at the outset that I genuinely have no issues with the regulations before me. They are what I would expect to ensure a well-run, efficient referendum, and ensuring a well-run referendum is in everyone’s interest. We must never allow the conduct, or otherwise, of any ballot, election or referendum to become the story. However, I have a number of questions for the noble Lord, Lord Bridges of Headley, and I will go straight into them.

How will the noble Lord ensure that counting officers and their staff have sufficient resources in place to conduct this referendum properly? What plans do the Government have to impress upon the chief counting officer, the regional counting officers and the local counting officers the importance of delivering a well-run referendum and of avoiding past mistakes in elections? Do the Government intend to impress upon the chief counting officer the need to use her powers of direction at any point where she feels that confidence in the running of the ballot could be undermined by poor practice by counting officers and their staff?

We need an absolute guarantee that ballot papers for every single voter in the UK will be printed and available at the polling station—not just an estimated number that the local counting officer thinks may turn up to vote. How will the Government ensure that this happens? In the past, problems have been caused by people arriving in the last 30 minutes and not being able to vote. What specific actions will the Government be taking in this referendum to ensure that there are sufficient staff on duty at each ballot station to cope with a last-minute surge of people?

We have all cast a vote many times in the past. Let us think back: is the polling station we normally use adequate if a large number of people come in to vote? How will the Government ensure that polling stations can cope with a larger number of arrivals than normal? I know that you cannot change where the station is, but it may be that, instead of the usual smaller room, you could move to a bigger room in the school or whatever is being used.

What discussions will the Government have with the police about their role in ensuring that the referendum is free and fair? What discussions will the Government have with the police and crime commissioners to ensure a free and fair referendum?

How will the Government address the problem of a very close overall result and the calls for a full national recount that will inevitably follow? There will be local counts with a big win for one side and, frankly, all the people could have packed up and gone home. Is that something in the hands of the chief counting officer, or is there no provision for it?

When is the counting of votes going to take place? I hope the noble Lord will confirm that counting will start as quickly as possible after 10 pm. It is necessary for this to be done expeditiously, with counts starting at the same time across the UK.

Can the Minister explain the thinking of the Government on the regulated period? A 10-week regulated period would overlap with the elections for the Northern Ireland Assembly, the Welsh Assembly and the Scottish Parliament. If a seven-week regulated period was in place then the elections and the referendum would be separate, which would be much clearer for everyone.

How are the Government going to ensure that the more than 2 million British citizens living abroad are able to register and vote?

Those are the points I have at the moment, but I hope that if the Minister responds to those, he will not mind if I put other points to him later. As I have said, I have no issues with the regulations as they stand. My questions arise only from reading the documents and wanting to ensure that we have a proper referendum and that the process does not become the story.

[Lord Hayward (Con)]

May I ask, following on from that question, about the counting of postal votes? I noted that the Minister had a look of horror, concern or surprise—I am not sure which it was—when I came into the Room. He was fairly sure that I would ask one question or another. Under normal circumstances, postal votes are counted over a number of days and, despite the Electoral Commission’s best guidance which is being implemented by most councils, it is sometimes possible to see the results of those postal votes. Given that, in these circumstances, any leak of information will be seriously market sensitive in relation to the value of the pound and other aspects that might impact on the City and the world’s stock markets, could my noble friend say whether postal votes will be counted on the day, thereby minimising the chance of leaks in advance, or, as they normally are in other elections, over a series of days?