Parliamentary Voting System and Constituencies Bill

Lord McAvoy Excerpts

Tuesday 1st February 2011 Lords Chamber

[Lord McAvoy]

My Lords, I will speak briefly in support of my noble friend’s Amendment 112C. There are two types of people in particular that this amendment would help. There is still what is called a three-shift pattern in factories and elsewhere of 6 am to 2 pm, 2 pm to 10 pm, which is known as a back shift, and 10 pm to 6 am on a night shift. I worked that pattern myself for many years. The 6-to-2 shift sounds great—you get into work at 6 am, finish at 2 pm and have the rest of the day to yourself. Unfortunately, most people who have worked that shift will tell you that they spend most of the afternoon lying asleep on the couch, trying to catch up with the disruption to the normal sleep pattern and normal shift pattern. You can wake up feeling disorientated at times. It may sound a bit silly but I can assure people that the disruption to your normal pattern, in working that three-shift pattern, can have that effect on you.

There is also the back shift between 2 pm and 10 pm. It sounds great—you can get up in the morning and have time to do plenty of things before you start work at two o’clock. But you can have quite an extended travel time to get to work for 2 pm and, with other things to do in the morning, you may find that by the time you finish work at 10 pm the polling station is closed. As for the people who do the night shift, again it sounds great, as you have plenty of time during the day, but ask anyone who works the night shift and they will tell you that their day is disrupted. If there is a constantly changing shift pattern, working a different shift each week following the 6-to-2, 2-to-10 and 10-to-6 three-shift pattern, I can assure your Lordships that there is a disruption to the patterns of sleep and behaviour.

The second category is a new and developing pattern to which my noble friend Lord Foulkes of Cumnock has referred. This is the growing number of people who manage two jobs, particularly women. It always seems to be women who get landed with the part-time jobs, though they are not quite cheap labour thanks to the Labour Government’s national minimum wage law that was opposed by the Liberals and Tories at the time. Nevertheless, these people are trying to keep two jobs going and are rushing between them. An extra hour’s voting time at the end of the day will give people an extended opportunity to vote.

I believe that that category of part-time workers is growing. Again, I do not like it but they are mostly women workers because they have got to snatch a job of two or three hours to cope with child care and all the rest of it. They have to dive back, run a house, and probably get their man fed and out to work. There are some areas in the world where women still do not have a proper place in life. Keeping family together falls harder on women than on men, and I regret to say that a sexist society still operates like that. I would certainly support anything that can help women and part-time workers in that category. I would indicate my strong support particularly for Amendment 112C.

[Lord Falconer of Thoroton]

My noble friend Lord Rooker has Amendment 113 in this group, but he has had to leave. It is effectively the same as the amendment tabled by my noble friend Lord Foulkes in that it proposes that the polls should shut at 11 pm. The point has already been made but it seems a good thing that the time should be extended for people to vote. There may be reasons why that is a bad thing. I will wait to hear what the Minister says.

The next group of amendments, which would have been moved by my noble friend Lord Rooker, but which I will move because he cannot be here, seek to deal with the overcrowded polling stations issue, which we have already discussed and in which there was an impressive intervention by the noble and learned Lord, Lord Mackay of Clashfern. There was quite broad support for the amendment tabled by the noble Lord, Lord Phillips. The amendment that proposes that the polls should shut at 11 pm, as opposed to 10 pm, might, subject to the information that the Minister has, be of assistance in relation to that. If the number of people who would vote between 10 pm and 11 pm was quite low—even though there might be a late surge—it would reduce the likelihood of what happened in the previous general election happening again. It might, for that additional reason, be worth contemplating.

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[Lord Foulkes of Cumnock]

I find that a very helpful reply. The Minister has explained and answered the points raised very well. We could have altered the hours for all the elections as well as the referendum if we had had more time but we are rushed in this and must do everything by 5 May. That is part of the problem. However, given that we cannot change the time for elections, it would be right—

[Lord McAvoy]

I accept what my noble friend says about the Minister’s reply, but is there some way, through the amendment, the schedule or elsewhere, to initiate a pilot project somewhere, or at some point in another election? That would test those hours. I am particularly interested in Amendment 112C. Could we look at the possibility of some kind of pilot in an election in a selected area to see if it made any difference?

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[Lord Bach]

My Lords, I speak on behalf of my noble friend Lord Rooker. This small amendment refers to the sealing of ballot boxes before the commencement of the poll, as provided for in the rules for conduct of the referendum given in Schedule 2 to the Bill. The schedule currently advises that the presiding officer must show “anyone present” in the polling station immediately before the commencement of the poll that the ballot box is empty. My noble friend's argument—we do not make too much of this or say that it is a major issue—is that this should be changed to require the presiding officer to show “the first elector” who comes to vote in that polling station that the ballot box is empty.

We believe that the amendment would add a degree of precision to the requirement on the presiding officer and add to confidence in the legitimacy and validity of the poll and its result. Being more specific about who is to see and verify that the ballot box is empty is a small but important symbol that the poll is to be carried out properly. It is too vague to say “anyone present”. That could be the cleaner or the person who is with the presiding officer to help with the running of the poll. Why not require that the first elector who comes through the door should see that the ballot box is empty before casting their vote, which would be the first one in the box? As I said, this is not a major amendment, but I think that it deserves an answer. I beg to move.

[Lord McAvoy]

My Lords, I rise briefly to support the amendment, on which I will enlarge just a bit. We have good traditions and symbolism in British democracy. I have been an election agent and a candidate. I thought that it was the law that either the agent or candidate could see inside each ballot box before it was locked. That happened regularly. Perhaps it was only in council elections—I am not sure, but I used to see it quite often. I agree very strongly with entrenching the symbolism so that it is not just anyone who sees that part of the procedure. Perhaps we could embellish our democracy a bit by making a bit of a tradition and a bit of a show, to get people there and show that the box is indeed empty. While folk may scorn that type of thing, nevertheless it would show clearly the symbolism that our democracy is vibrant and seen to be so.

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[Lord Myners]

My Lords, I speak in support of Amendment 122. I think that it is a small but important step; in fact, I would like to see us go further. It is absolutely critical that we take every action within reasonable grasp to protect and enhance the integrity of the voting system, which has been brought into disrepute in recent years.

I think particularly of the comments by the noble Baroness, Lady Warsi, about ballots that she believed had been in contravention of correct process. I acknowledge that at times it is difficult to tell whether the noble Baroness is speaking on behalf of the Government, the coalition, the Conservative Party or a faction within the Conservative Party. For example, I think of her comments immediately after the Oldham East and Saddleworth by-election about the right wing of the Conservative Party. I also think of her comments the previous night on BBC2’s “Newsnight” programme in connection with the Royal Bank of Scotland—I regret I was unable to be in the House this afternoon when this matter was handled in Questions—when the noble Baroness said that the Government were renegotiating contracts with executives of RBS. Since then, the Treasury has been very keen to suggest that it is not doing anything of the sort. However, the comments made by the noble Baroness on electoral issues were ones that we should take careful note of when considering this amendment.

I would actually prefer a change in the design of the ballot box. I would like to see ballot boxes that are transparent, so that it is possible for people to see their vote going into the box. The amendment deals with the authenticity and the integrity of the ballot process only at the time when the first decision is made on a vote, but I think that my proposal would bring huge confidence.

[Lord McAvoy]

My first reaction is that a transparent ballot box could add to democracy and could be useful. On the other hand, when thinking of the mechanics of polling day, one has to consider that sometimes people do not fold the ballot paper properly and if that happened in a transparent box it would show who the person had voted for, or did not vote for, which would render the vote invalid because someone was able to identify it.

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[Lord Tyler]

This is precisely what the noble Baroness was obviously trying to obviate just now. There has not been a single amendment making any changes to Schedule 2, precisely because Schedule 2 as it stands is a distillation of the experience that we have all had. She may be quite right that we need to look at some of these issues. However, not a single amendment has been suggested by noble Lords opposite on this. That suggests that this is the present situation, taking account of the new circumstances of this event. I frankly find it quite extraordinary, in the light of the undertaking given by the noble and learned Lord, Lord Falconer of Thoroton, yesterday that we were going to make rapid and sensible progress, that the last 19—before I spoke, 18—minutes seems to have been an attempt just to elongate the evening’s proceedings. That is very unfortunate.

[Lord McAvoy]

My Lords, I normally like to say that it gives me great pleasure to follow a noble Lord, but I am afraid I cannot in these circumstances. It always seems to happen in these deliberations of ours. There is not much toing and froing but there is certainly plenty of toing on our side to try and subject this Bill to scrutiny; and time after time the noble Lord, Lord Tyler, injects a note of acrimony into the proceedings. It really is quite unfortunate that should happen, because we are having a reasonable approach here, fully in line with the commitments.

I am particularly interested in paragraphs 13 and 14 of Schedule 2 on the provision of polling stations. Paragraph 14 says:

“The counting officer must appoint and pay—

(a) a presiding officer to attend at each polling station”.

I find these people very good, on top of their job and they know what they are doing, but occasionally something happens which is not clear. I am seeking clarification from the noble Lord the Leader of the House, if he is able to give that clarification; if not, perhaps he could point me in the direction where I can get it.

I am trying to find out the power of presiding officers and the extent of their power. Is it confined entirely within the polling station, or does it extend outside? The example I am going to give is relevant to polling stations and I will explain briefly the point on which I seek clarification. In a local election in 2007 in my former constituency, there was a bit of local rivalry—acrimony, even. An independent candidate was standing. Voting was by the PR system, which guaranteed chaos anyway, and there was further chaos because in an area about 50 feet from the polling station entrance the independent candidate had arrayed about six people in a sort of semi-circle. They were stopping people at that distance from the polling station and inquiring as to how they were going to vote and putting pressure on them.

Folk who are going to the polling station do not like being stopped and questioned. It is bad enough trying to shove a leaflet into their hands—we have all tried that, I think—when you have spent six weeks pushing the candidate’s name through the letterboxes everyday. People were being approached and they did not like it. Intimidation is the wrong word to describe what was happening, but nevertheless there was pressure. I spoke to the police on the door. Come election time, people have such respect for our democratic process here in Britain that they are very reluctant to get involved in anything that they have not had experience of before, or they do not have written guidance on. I then spoke to the presiding officer. It might not have been as bad as saying that people had been hindered going to vote, but it was not far from it. Presiding officers are good people—they have the best of intentions—but they are quite unsure. This went on for several hours and if he had remonstrated there could have been an unpleasant scene.

I am looking for guidance from the noble Lord the Leader of the House, if he can give it, as to what geographical area a presiding officer has control over outside the polling station. Is it entirely a matter for the police? How should it be handled? I find that contention at polling stations is getting more intense. Sometimes, unfortunately, it is between the political parties, especially in certain hard fought areas. Who exactly, or what procedure, is written in the Bill that would cover the ceasing of such behaviour, and if so what would be the proper channels to put a stop to it?

[Lord Maxton]

My Lords, it was not my intention to speak. Members opposite will know I have not spoken that often during these long debates. However, the noble Lord, Lord Tyler, rather than trying to calm things down, actually provokes people into speaking and that is the case in this instance. I just say to my noble friend Lord Myners that the noble Lord, Lord Strathclyde, may travel in a big limousine, but I travelled on a No. 3 bus with the noble and learned Lord, Lord Wallace of Tankerness, this morning. He does not travel in a big limo.

At the start of this debate, my noble friend Lord Campbell-Savours made a point about the position and number of polling stations, not just in rural areas—which my noble friend Lord Myners raised—but also in urban areas. I remember particularly at one point during my career as a Member of Parliament in Glasgow Cathcart, the local government boundaries were redrawn. One of them went down the middle of Mount Florida, so one side of the road was one local government seat, and on the other side was the other. On one side of the road in that new local government seat, there were two multi-storey blocks of flats. On the other side was the polling station for the road, in the school where those people had gone to vote for all the time that they had been in those flats. Now they were being told to go and vote half a mile or a mile away.

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Debate on whether Schedule 3, as amended, should be agreed.

[Lord McAvoy]

My Lords, I have a brief question for the Leader of the House. I am sorry that he did not respond to the point that I made in an earlier debate. I know that perhaps he did not have the information to hand, but I thought that he might be able to offer me some guidance. My question is about paragraph 4(1), which states:

“Where a person applies to the registration officer to vote by post in the referendum, the registration officer must grant the application if … the officer is satisfied that the applicant is or will be registered in a relevant register”.

I am not sure what that means. How would the registration officer forecast or be aware that the person concerned is registered in a relevant register?

[Lord Strathclyde]

My Lords, perhaps I could follow that up in a letter to the noble Lord.