Parliamentary Voting System and Constituencies Bill

Lord Mackay of Clashfern Excerpts

Tuesday 1st February 2011 Lords Chamber

[Lord Lipsey]

My Lords, there is a great deal in what the noble Lord says. The trouble is that we have got before us the parliamentary voting Bill and I cannot change the whole of electoral law in a clause within it. If the noble Lord can prevail on Ministers to change the electoral law more generally as soon as possible, then that would be great. I would rather that on 5 May people were able to vote in the referendum, even if a cock-up occurred that stopped them voting in the local elections, than that they went all the way to the polling station and could not cast a ballot on anything. That would be much worse. While the anomaly that the noble Lord points to does exist, I think it preferable to the disaster that could occur if my amendment, or something like it, is not adopted.

As I say, I am not going to force a vote, partly because the Government may know more about the final report of the Electoral Commission than I do. I hope, however, that the Minister will be very responsive to the points made in this House and will see some merit in what I am saying. I hope I can look forward to him coming forward with proposals to deal with the matter on Report. If he does not—and I am not predicting this—the danger is that on 5 May we will get less a verdict on the electoral system and more some very cross voters indeed. That would be something that nobody in this House would wish to see.

[Lord Mackay of Clashfern]

My Lords, first, I support the principle behind the amendment that the noble Lord, Lord Phillips of Sudbury, has moved. The arrangements as set out in the schedule are somewhat ambiguous. His amendment is one way, at least, of clarifying that. There may be other, better ways, for all I know, but certainly these arrangements need to be clarified. I strongly support the view behind the amendment of the noble Lord, Lord Lipsey—that the situation in the last election, where people who came and were there before 10 pm could not, because of the law, be given ballot papers, was absolutely disgraceful. Whatever the reason, on the night the lady from the Electoral Commission who spoke did not appear to me to have grasped exactly what the situation was. She said that it had given clear instructions that the ballot papers were not to be handed out after 10 pm. It suggests to me—and I do not know what the right answer to it is—that some flexibility is required to deal with special circumstances. The people who are running the different polling stations may not necessarily be the top brass of the arrangements, but some kind of discretion must be given, because that kind of thing can happen. I do not expect for a minute that anybody realised exactly what was happening until it was really too late, and then they had this terrific sledgehammer of “You cannot issue a ballot paper after 10 pm”; witness what the Electoral Commission had said. In a sense it made the matter worse. I do not say that the people in the polling booth could have given them out after 10 pm, although I think if I was in a polling booth and in charge as a clerk I would have had a shot at that.

It is important that this matter should be sorted out one way or another. If the Government do not think that the Electoral Commission solution is the best, then let us have one. We need a solution. I agree, of course, that it needs to be a solution that applies to all elections—not just the referendum—although, unfortunately, I do not think that that could be done in this Bill. We are trying to do enough already. We cannot sort the whole thing out, but it is certainly important to sort it out. A very short Bill that would not take the time that this one has taken could go through both Houses and sort this out in good time for 5 May.

[Lord Anderson of Swansea]

My Lords, I follow the noble and learned Lord, Lord Mackay, when he says that he agrees with the intention of both these amendments. It may well be that the wording can be improved—and it probably can—but there will be general approval for the intention. I also begin by welcoming the contribution of the noble Lord, Lord Phillips, and indeed that of the noble Lord, Lord Rennard. Someone mentioned the vow of omerta. When we had a Liberal Democrat intervention in an area of policy which in many ways they have taken as their own, I was reminded rather more of the brave Horatius at the bridge:

“And even the ranks of Tuscany

Could scarce forbear to cheer”.

The noble Lord, Lord Phillips, mentioned the question of facilitation. This is clearly a possible problem because there will be a number of right hands and a number of left hands. It is important that this be a key role—even if the actual wording is not wholly appropriate.

I was puzzled by another matter in this same section. In paragraph 10(1), we are told that:

“The Chief Counting Officer must take whatever steps the officer thinks appropriate”.

At the end, in paragraph 10(5), we are told that:

“The Minister may reimburse any expenditure incurred by an officer for the purposes of sub-paragraph (1) or (2)”

On the face of it, this gives an unlimited expenditure for the worthy objects of this paragraph and goes against all the normal government policies of being frightened and hesitant about open-ended commitments. It is wholly unlimited. One’s mind boggles at what, in following up this worthy objective, a very zealous officer may wish to do. So I simply commend to the Government—

--- Later in debate ---

[Lord Strathclyde]

My Lords, I said that I would write on some of the more technical points but, as far as I understand it, some discretion must be left to the local officer to decide whether the signature is valid. I am very happy to follow that up in a letter.

[Lord Mackay of Clashfern]

My Lords, I have been a returning officer on two occasions. The returning officer has the authority to decide whether the paper is in order. The precise rules are rather particular and they are certainly not all on the ballot paper. If they were, the ballot paper would not have much else on it. As a returning officer, I have seen a quite remarkable number of peculiar ballot papers, with all kinds of communications on them. This is a matter for the returning officer and I am sure that the rules are exactly the same as regards the referendum. The returning officer, who is independent, would decide these matters, but all the rules are not expressed. When you become a returning officer, you must learn all these rules, and it is a bit of an ordeal to get them all into your head.

[Lord Strathclyde]

My Lords, I am very grateful to my noble and learned friend. The fundamental point is that there is nothing really different about these rules and regulations. They are modelled on existing provisions which govern the conduct of elections. That is why I refer the noble Lord, Lord Campbell-Savours, to the Representation of the People Act 1983. If he looks up Sections 18B to 18D, I think that he will find the answer to his question. Likewise, the noble Lord, Lord Grocott, who asked about poll clerks advising people on the subject matter of the referendum. We would not expect clerks to advise on that but there will be guidance in the polling station on how to complete the voting paper and, as we have already debated several times, the Electoral Commission and the campaigns will be educating the public.

There is another point. The noble Lord, Lord Grocott, has got it into his head that there is something very strange and very new being done here. If you live in Scotland, Wales, Northern Ireland or London, you have already voted in referendums and PR elections. I think we had more local referendums in the 13 years of Labour Government than this nation ever had. I think people are quite used to the idea of going into a polling booth and being asked a question other than who they wish to vote for: on whether they want local mayors, for instance, or whether they want regional government—that was a great question the Labour Party asked. I also think that he has underestimated the degree of interest that will be generated, and is being generated, by the campaigns in the run-up to the referendum.