Police and Crime Commissioner Elections (Welsh Forms) Order 2012

Lord Roberts of Llandudno Excerpts

Monday 29th October 2012 Lords Chamber

[Lord Wigley]

My Lords, I am very glad of the opportunity to speak briefly on this order. I thank the Minister for his courtesy in pointing out last week that this debate was taking place, but having said that, I may not be quite so positive towards the Government. I certainly agree with the remarks of the noble Lord, Lord Touhig, in what has been an incredible episode in these events.

The deputy head of the Electoral Commission, Rhydian Thomas, has pointed out in no uncertain terms:

“Welsh language legislation requires that in Wales the Welsh language is treated no less favourably than the English language”.

That applies in this case. It is not something new. The first Welsh Language Act was in 1967, there was another in 1993 and there was a revision from the National Assembly two years ago. That is known to the Home Office and has been known all through the procedures relating to the police and crime commissioner elections. Why on earth are we now, two days before the deadline for these papers to be posted out for postal vote purposes, having to spend an extra £350,000 to cover the mistake made by somebody in the Home Office?

In his document, Rhydian Thomas states:

“Police Area Returning Officers have put in place contingency arrangements; they are printing both bilingual and English language ballot papers so that postal ballot packs can be issued promptly. If this Order comes into effect in time, bilingual ballot papers can be issued in postal ballot packs. If not English language ballot papers will be used. The UK Government has agreed to provide additional funding to cover the additional cost of printing duplicate postal ballot packs”.

That is £350,000 at a time when we are told that every penny is vital. With all the cutbacks going on under the Welfare Reform Act and other legislation we see this waste of money because no one thought about it in time. That is of great concern. Rhydian Thomas further states:

“We are strongly of the view that the rules relating to any elections should be clear at least six months in advance. We have already made clear to the UK Government the unacceptable lateness of the Welsh Forms Order and our concerns about the inconsistency in their approach to prescribing forms and notices in English and Welsh for these elections”.

He later states:

“This Order should incorporate any corrections to address errors in the forms and notices that have been identified in the statutory English language versions”.

So we have not only got a mess through not having a Welsh language version, but the English language version that was drawn up was also incorrect according to the deputy head of the electoral structure in Wales. That cannot be acceptable. I fear that it indicates an attitude within the Home Office towards what is happening in Wales which, at best, is remote and uncaring and, at worst, is disdainful and contemptuous towards the needs in Wales.

I noted what the noble Lord, Lord Touhig, said about Wales Office Ministers, who clearly have a responsibility in this, but the primary responsibility for these forms lies with the Home Office—it should have got it right—and if the Home Office is incapable of getting it right on something as basic as this when the legislation has gone through the House, then, as in the case of Scotland and Northern Ireland, the Home Office should come under the National Assembly where, whatever else happens there, it would not have made a mistake of this kind.

Whereas I welcome the fact that these forms are going through at the 11th hour, I hope some lessons are learnt and taken to heart.

[Lord Roberts of Llandudno]

My Lords, I join with the condemnation of the noble Lord, Lord Touhig—apart from his final remark, which I do not accept at all—and the noble Lord, Lord Wigley. This is a shambolic way in which to undertake any kind of election. We have it on good authority that the ballot papers will be going out within the next 48 hours but it is only tonight that we will say, “Yes, let us have the bilingual papers”. How the staffs in the various local authorities will manage to do this over the next day or two is beyond my comprehension. Not only is this part of the election process at fault but the whole issue has been conducted in haste and has not been thoroughly thought through.

As to the postal ballot papers that are being issued, in the previous Parliament I campaigned to ensure that members of the Armed Forces then in Iraq and in Afghanistan now received ballot papers to allow them to take part in any election. There is not a chance that they will be able to do that now. There is something seriously wrong with our democracy when we deny people who are fighting for our freedoms the right to vote for the party of their choice.

To divert a little—I make no apology for this—how will candidates access the electors in their constituencies? Greater Manchester has 2 million people—I do not know whether that is the number of voters—so how are the candidates standing there going to get in touch with those 2 million people? Liverpool has 1 million people and North Wales has about 500,000 people: who will be able to contact these people with details of the candidates and their policies; how will they get through? There is no free post but a polling card was sent out about two weeks ago. That could have been used to provide at least a page from each of the candidates standing in the various constituencies—as they do in London mayoral elections—but nothing came.

No one will be able to say that this is a fair election. They may say, “It will be on the internet” but 8 or 9 million people have no access to the internet. How will those people know who is standing, which party they belong to and what their proposals are for policing in their particular area? It could have been so different.

Only the wealthy or well-funded candidates in North Wales—which is only a small electorate—could possibly afford £50,000 to mail people in their areas. No ordinary person—certainly no independent person—will be able to afford this. So some candidates will have access because they have money; others will be unable to afford access. Would there not be a case for a legal challenge to the results when they are announced? Someone will have to think that through thoroughly.

While I am delighted that at long last we are to have Welsh ballot papers and that a prototype is in our briefing, so much else is wrong. This is a total shambles which does not reflect on the people of the areas it is supposed to represent. As to the point about this being approved at the last hour, we cannot call for the election to be declared invalid now but certainly we need to go through it thoroughly in the future.

I support what has been said. I am glad that there has been at least an acknowledgement of Welsh—which, of course, is one of the great languages of the western world—but we will try to ensure that discounting us without a thought will not happen again.

[Lord Elystan-Morgan]

My Lords, I endorse with enthusiasm the chagrin that has been announced by each of the three previous noble Lords who have spoken in this matter. I have no doubt that, at best, it is an embarrassment for the Government; at worst, it could well be a disaster. In saying that, I exculpate completely the Minister, the noble Lord, Lord Taylor, in this matter, and the new Minister, whom I congratulate on her position.

The noble Lord, Lord Taylor, has already shown himself a person of great sensitivity and sincerity in relation to Wales and has shown a considerable chivalry as well. He wears the gown, as it were, of defending counsel in this case. I know something of what that role sometimes involves.

There is no doubt that disaster lies very close to our elbow tonight. If this legislation is not carried by five o’clock on Wednesday, which is less than 48 hours away, it will be impossible for these Welsh forms to be part of the election. There is no dispute about that. If that can be done—and I have no intention of dividing the House; nor, I am sure, has any other noble Lord—it will have been a very close-run thing.

However, there are lessons that we have to consider in this connection. This is a tale of two statutes: one is the Welsh Language Act 1967. The combination of Sections 2 and 3 of that Act mean that anything that is done in the Welsh language has equal validity as if it had been done in the English language. The blade was pushed a little further by legislation passed in 1993 and thereafter, but the basic principle was established in that Act. I am very proud indeed to have been a Member of the other place at the time.