Police Reform and Social Responsibility Bill

Lord Shipley Excerpts

Monday 6th June 2011 Lords Chamber

[Lord Shipley]

My Lords, I will speak to Amendments 193, 195 to 199, 200, 201 and 216. All are pretty brief. Amendments 193 and 194 would replace the word “necessarily” with “reasonably”. This is about returning officers incurring costs for services and how those services are charged for. We are concerned that “necessarily” is complicated to define. A better and safer definition would be to use the word “reasonably”. That would benefit returning officers, who would, in most cases, get the benefit of the doubt as to what was reasonable expenditure. One person’s definition of what is reasonable is very much like another person’s. One person’s definition of the word “necessarily” might be more problematic.

Amendments 195 to 199 relate to the voting system. Thankfully, the first past the post system is not proposed in the Bill. We will have quite a large number of candidates for the post of police commissioner. The great danger in an electoral system that does not work well, such as first past the post—and I guess that this is why it is not the preferred option—is that you could end up with someone being elected on a very low percentage of votes cast. The difference between the supplementary vote as proposed and the alternative vote system that we would prefer is that, on a supplementary vote system, electors can vote twice whereas on the alternative vote system they can vote in a sequence, as far down the list as they wish to go. I appreciate that your Lordships’ House has had a lot of discussion of voting systems in recent months, but the point remains extremely important. The benefit of the alternative vote is that you are likely to get a better outcome—that is, one with greater public support.

There is a danger under the supplementary vote that candidates will end up very closely bunched. If they are, it would be in the interests of a good, strong outcome if more of the choices of those whose candidates came lower down the list were counted. My wish here is simply that someone models the impact of a vote using the supplementary vote as against the alternative vote. Maybe, prior to Report, we could have some further discussion about what that modelling shows.

Amendment 200 relates to a concern from the Electoral Commission. It would add a regulation about spending by those who seek to influence the outcome of an election—that is, campaigners who are not themselves standing in that election. In the briefing that was supplied to Members of your Lordships’ House, the Electoral Commission asked that there should be some regulation of spending by campaigners who are not standing for election. I hope that that can easily be agreed.

Amendment 201 would limit the powers of the Secretary of State to make only such modifications and exceptions to normal processes for elections as are required to apply the relevant provisions to the election of these police and crime commissioners. In other words, it would simply prevent the Secretary of State from adding things that may not be essential in the conduct of these specific elections.

Amendment 216 seeks to make it absolutely clear that all staff and suppliers are within the restriction presented. It is an attempt to clarify the wording so that there is no doubt about how restrictions apply to those who have close working or supplier relationships.

Those are the amendments that I wish to speak to. These issues all cause me a lot of concern, but most of them are easily put right. However, the issue of the voting system may come back to haunt us if the wrong one is applied to these elections next year. I very much hope that the modelling that I have asked for might demonstrate what could happen in these elections and what might be the lowest threshold that a candidate would have to secure to get elected.

[Lord Campbell-Savours]

I intervene briefly on this issue of voting systems to register a counter-case with the Government, in case they are minded to carry out the work suggested by the noble Lord. Under the AV system that the noble Lord proposes, outsider and fringe candidates can win. That is why the supplementary vote has been selected. It concentrates the mind of the elector on voting for mainstream front-running candidates. The danger under AV is that outsider and fringe candidates will end up winning, which means the BNP. The AV system for the election of these commissioners would be extremely dangerous. I counsel very strongly against it.