Parliamentary Voting System and Constituencies Bill

Mark Harper Excerpts

Tuesday 2nd November 2010 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I beg to move Government amendment 18, page 3, line 1, leave out subsection (4) and insert—

‘(4) The polls for—

(a) the referendum,

(b) the general election of members of the Northern Ireland Assembly to be held on 5 May 2011, and

(c) the Northern Ireland local elections to be held on that date,

are to be taken together.’.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following: Government amendments 19 and 44 to 46,

Amendment 222, in schedule 7, page 212, line 36, leave out from ‘combination’ to end of line 38 and insert

‘is to be the sole responsibility of the United Kingdom Government’.

Government amendments 47 to 179 and 22 to 43.

[Mr Harper]

These amendments update the combination provisions in the Bill to reflect the following draft orders, which were laid before Parliament by the Scotland and Northern Ireland Offices on 25 October: the Scottish Parliament (Elections etc.) Order 2010; the Northern Ireland Assembly (Elections) (Amendment) Order 2010; and the Local Elections (Northern Ireland) Order 2010.

The purpose of the amendments is to ensure that the combination rules in the Bill work effectively with the rules governing elections to the Scottish Parliament and the Northern Ireland Assembly, and local elections in Northern Ireland, in the event that the draft orders are approved by Parliament, as the Government hope. No amendments have been necessary in relation to the combination provisions for Wales. Although the rules governing elections to the National Assembly for Wales will be updated by the National Assembly for Wales (Representation of the People) (Amendment) Order 2010, if approved by Parliament, none of the amendments to be made by this order affects any rules relevant to combination with the referendum. This order was also laid in draft before Parliament on 25 October.

The majority of the Government amendments make technical changes to the Bill to pick up minor consequential amendments that have emerged in relation to the numbering, cross-referencing and terminology following the laying of the draft territorial orders on 25 October.

Amendments 18 and 19 are consequential on the laying of the Local Elections (Northern Ireland) Order 2010, which fixes the date for the 2011 local elections in Northern Ireland. There is no intended change in the effect of the provision; rather, the amendment brings the wording of subsection (4) more into line with that of subsections (2) and (3), which is possible now that the date of the elections has been set.

Amendments 22 to 30 and 32 to 41 are not consequential on the draft territorial orders, but are technical changes to ensure that it is clear which set of postal voting provisions applies when polls are combined in Wales and in Scotland. The provisions in schedule 4 to the Bill will not apply, because, following our amendments in Committee, the same job is now done by the combination schedules. Amendment 43 corrects an omission in schedule 4 to the Bill about the marking of postal voters lists and proxy postal voters lists in Northern Ireland.

While the majority of the amendments are minor and technical, the key exceptions are amendment 172 and amendments 177 to 178, which, for the first time in the combination provisions, set out the details of the joint issue and receipt of postal ballot papers in Northern Ireland. The chief electoral officer, with the agreement of the chief counting officer, will be able to decide to take postal ballot proceedings together in the three polls taking place in Northern Ireland. These amendments make the necessary provision for that process to work. If the chief electoral officer decides to deal separately with postal ballot paper proceedings in the three polls, the existing legislation, as amended by the two Northern Ireland Orders, will apply, largely unaffected by the Bill.

The amendments give effect to our agreed policy that when the chief electoral officers decides, with the agreement of the chief counting officer, that the issuing and receipt of postal voting ballot packs is to be combined for the referendum and the relevant elections in Northern Ireland, he can ask the relevant registration officer to produce a combined postal voters list and combined proxy postal voters list. The amendments also make clear who is entitled to be present at proceedings on the joint issue and receipt of postal ballot papers. They provide for all the ballot papers to be sent out and returned in the same envelopes, and they set out the procedure for forwarding and retaining documents related to the joint postal voting process—for example, declarations of identity, the proxy postal voters list and the postal voters list.

The postal voting amendments for Northern Ireland also include the creation of two new forms of declaration of identity that can be used for Northern Ireland Assembly and local elections, when proceedings on the issue and receipt of postal ballot papers are not combined. Equivalent forms already exist for England, Scotland and Wales.

[Mr Nigel Dodds (Belfast North) (DUP)]

When people receive the envelope containing their postal vote, will they therefore need just one person to attest to their signature for all three votes, or will three separate witness signatures be required—one for each ballot paper?

[Mr Harper]

There are two stages to the process. If the chief electoral officer and the chief counting officer agree to combine the issue of the postal votes, which is a new procedure in Northern Ireland, everything will be sent out in the same envelope, and the same person will then be able to attest on the ballot paper. The whole point is to make the combination of the two elections and the referendum in Northern Ireland work as smoothly as possible. That is the most significant change in these combination provisions, and I hope that it will help the proceedings in Northern Ireland.

Amendments 156 and 157 include revised forms for the postal voting statement for the Scottish Parliament election, when the issue and receipt of postal ballot papers is not combined, and for the statement on the postal ballot papers that have been issued and received in Scotland for the referendum on the voting system. This takes into account the changes that were made to the forms for Scottish parliamentary elections by the Scottish Parliament (Elections etc.) Order 2010.

The rules relating to the conduct of the elections next year are governed by the elections orders I have set out, and they will be debated in Parliament, following the usual procedures, in the near future. If Parliament agrees the orders, the relevant changes to the combination provisions enabling the referendum to be combined with them are in these amendments, which I shall ask the House to agree.

[Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)]

Do the amendments take into account the possibility of the Scottish parliamentary general election next year not being held on Thursday 5 May?

[Mr Harper]

If that election were not held on the same day, we would not be combining the referendum with the Scottish Parliament election. The combination provisions will be required if the elections take place on the scheduled day and if the referendum is also held on that day. The elections can then be combined so that they are more efficiently run and provide a considerable cost saving to the taxpayer.

[Mark Lazarowicz]

The Bill provides for the polls for the referendum and the Scottish Parliament general election of 2011 to be taken together. If, under the Scotland Act 1998, the Scottish Parliament election were to be held in March next year, would the referendum in Scotland be held in March as well?

[Mr Harper]

The provisions enable the referendum to be combined with the election, if they are taking place on the same day. Given that they are scheduled to take place on the same day, the provision is clearly sensible. If an eventuality arose under the Scotland Act causing the Scottish parliamentary elections not to be held on that day, the two would not be combined. The Bill does not change those provisions in any way. Indeed, the conduct of the elections is to be determined by the elections orders, which this House and the other place will debate in due course. These provisions are about how to combine the referendum with the conduct of those elections. I hope that that is clear.

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[Kevin Brennan (Cardiff West) (Lab)]

I notice that the instructions set out in amendment 156 ask voters to complete the ballot paper and form “in black ink”. Is the same instruction in the original Bill, and by building this provision directly into the Bill would we invalidate the ballot papers or forms of voters who chose to use another colour of ink?

[Mr Harper]

The proposed forms are set out in the Bill, but some changes are necessary to reflect the changes in the election orders. I have the provision in front of me, and it says:

“Please write clearly in black ink.”

We had this debate earlier and I have said that if a clear intention has been set out by the voter, the returning officer—or, in the case of the referendum, the counting officer—will allow the vote. The view is usually taken that voters should be included rather than excluded. Clearly, the instruction is intended to make it as easy as possible to read the votes.

[Kevin Brennan]

I appreciate that. The Minister might be able to elucidate later whether the requirement for black ink was part of the original instruction. My fear is that when something is written directly on the face of a Bill, it is sometimes open to a more literal interpretation than the Minister has indicated would be the normal practice. If not now, perhaps he could clarify the point later.

[Mr Harper]

All the forms for elections are usually set out in secondary legislation, but we have set them out in primary legislation. The legal effect, however, would not be different. Another provision we adopted earlier to make the forms more understandable and accessible to disabled people was to allow the Electoral Commission to vary not the ballot paper, but the forms, to make them easier to use. If the Electoral Commission felt at a later stage that any of the forms were difficult for people to use, it would be able to amend them. As I said, however, that does not apply to the ballot paper.

[Geraint Davies (Swansea West) (Lab/Co-op)]

The Minister gave evidence to the Welsh Affairs Committee. Has he any comments on the concerns that were expressed about the possible coincidence of the alternative vote referendum and the Welsh Assembly and parliamentary elections, given that some people might choose to have a postal vote for only one of those? Officials feared that that would generate horrendous administrative problems that would undermine the democratic process on the day.

--- Later in debate ---

[Mr Harper]

I do remember giving evidence to the Welsh Affairs Committee and I enjoyed it tremendously. I was sorry only that the experience was too short.

I do not remember whether the hon. Gentleman was present when we debated the postal vote provisions in Committee, but the Government decided that the most sensible arrangement would be for standing postal vote provisions for a United Kingdom parliamentary election to kick in automatically for the referendum, but for that not to apply to people with postal vote provisions for a different election.

When voters receive their polling card, it will helpfully set out for them the elections and the referendum to which their voting entitlement applies—that will deal with the circumstances in which there are different franchises—and will also make clear how their postal vote has been set up. They may not have one set up for the referendum, for instance, but they may have one set up for a local election. That will enable them to take action at that stage and, if they prefer to vote by post, ensure that they can do so in the elections and the referendum.

[Chris Bryant (Rhondda) (Lab)]

Form 4, which appears on page 245 of the Bill, results from an amendment that the Minister tabled to the original Bill. There is now a new form, which appears in amendment 156. Why did the Minister not simply table amendment 156 in the first place, given that the forms are very different?

[Mr Harper]

As I said earlier, the changes that we have tabled today to the combination provisions reflect the changes in the conduct of the election orders that were laid before the House. We wanted to ensure that it was as easy as possible to combine the polls, and that the instructions given to voters for the referendum and the elections were aligned with each other. The original amendments and combination provisions were based on the law as it was before the territorial orders had been laid. I think that that is quite straightforward.

[Chris Bryant]

Obviously I understand the process—as I am sure the Minister has foreseen, it is one of the matters on which I shall express my disagreement with him—but the requirement for people to write in black ink, which was raised by my hon. Friend the Member for Cardiff West (Kevin Brennan), is not included in the form that appears in the amended version of the Bill, but is included in the form that appears in the amendment. Why was that change made?

[Mr Harper]

I will not write to the hon. Gentleman—

[Chris Bryant]

In black ink?

[Mr Harper]

In black ink or any other colour. Instead I hope that I shall be able to elucidate the position for both hon. Gentlemen at the end of the debate.

[Kevin Brennan]

I do not want to push the point too far, but it is a serious point. Normally, people are issued with a pencil at polling stations. Given that, as the Minister has confirmed, the “black ink” instruction did not appear in the original version, I am intrigued that it has suddenly found its way into this version. Will people be required, or instructed, to use black ink at polling stations? I fear that that could lead to unnecessary confusion: that is the only point I am making.

--- Later in debate ---

[Mr Harper]

It is a very helpful point, and I will respond to it at the end of the debate.

Without any further ado, I urge the House to support the amendments in due course.

[Chris Bryant]

Let me deal first with the process. The Minister referred to statutory instruments. All the amendments we are discussing, bar the one tabled by members of the Scottish National party, were tabled by the Government, and they cover some 28 pages of the amendment paper. They were not tabled because the House demanded amendments, or because the Government said in Committee that they would consider probing amendments and return with further amendments on Report. They have been introduced because the Government have gone through a process of putting various carts and horses in the wrong order. I fully recognise that I am not as versed in country ways as the Minister, who represents the Forest of Dean, but I recognise when parliamentary procedure is being put in the wrong order, and it would have made far more sense to have proceeded with pre-legislative scrutiny and proper consultation with the devolved Administrations in Wales, Scotland and Northern Ireland, and then to have proposed legislation in draft form. We should bear it in mind that not a single devolved Administration wants a combination of polls next May, but if the Government’s view is nevertheless that they wish to push forward with that, against the wishes of the three devolved Administrations, they can then introduce statutory instruments to make provision under the Scotland Act 1998, the two Wales Acts of 2000 and 2006 and the Northern Ireland provisions. They would do that first, and the proposals would then be considered in this House and the House of Lords and, if agreed to, the Government would introduce the final version of their Bill. Instead, because the Government are running at an inappropriately fast pace for this kind of legislation, there has been no consultation whatever with any of the devolved Administrations—with either the Assemblies or the Parliament or the Executives or Governments in each of those nations.

There has been no process of consultation on the Bill, but there has also been no process of consultation on the orders. The Scottish Parliament (Elections etc.) Order 2010 is some 205 pages long; it is not a minor tome. It includes measures on election expenses, disputed claims, corruption, entreating, the control of donations to candidates, the appointment of election agents, the requirement of secrecy, the breach of official duty, tampering with nomination papers, and personation and other voting offences. I am sure the Government will say that this entire matter is a reserved responsibility and that it is for the Westminster Government to decide, but it would have showed greater respect for the devolved Administrations if they had consulted them before the orders were laid.

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[Chris Bryant]

I am afraid that I sort of disagree with the hon. Gentleman. It is important that there should be time to debate such a clause. We tabled an amendment yesterday that a clause should be deleted from the Bill, just so that we could have that debate. On Report there is no other way of having that debate—but I am not sure that it is always right to put in knives, because that leads to some complexities in the management of time. That is why we argued that we should not have knives.

[Mr Harper]

While the hon. Gentleman is replying to the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), will he explain something to the House? It is true that we did not get to the debate on the decoupling provisions, but he will know that the provisions to decouple the Welsh Assembly constituencies from the Westminster ones are supported by the First Minister of Wales. The First Minister has written to the Secretary of State to state that in terms, so it is surprising that the Labour party in Westminster is taking a different position from the Labour party in Wales.

[Chris Bryant]

It is surprising that a Government that consists of Conservatives and Liberals is taking a view on the number of seats in Parliament that is different from what was in both parties’ manifestos at the general election. The point is that we should have had time to debate these matters, and we have not had a single moment to debate them. I would merely say that I hope that their lordships will take the opportunity to debate the matters that it has not been possible for us to reach.

Let me swiftly deal with some of the amendments. The Minister is absolutely right that the vast majority of the amendments are relatively technical. However, that does not mean that we should be able to agree them today, because we have not agreed any of the statutory instruments on which they depend—he said “if” the statutory instruments are approved by Parliament. There is an enormous presumption in tabling amendments to meet a piece of legislation that has not yet been agreed. That treats this House with a degree of disrespect that is inappropriate.

Amendment 222, tabled by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), is about the costs of running the polls being met by the UK Government. The Minister is right to say that the costs are all met by the Consolidated Fund, but I presume that the hon. Gentleman’s amendment has been tabled to make the point that he thinks that the responsibility for running the Scottish parliamentary elections should be the responsibility of the Scottish Parliament—[Interruption.] He is not nodding; he is looking inscrutable at the moment. That is unusual for him, because he is normally extremely scrutable. Perhaps we will have to wait for his contribution to the debate.

The vast majority of these amendments make changes such as substituting “2010” for “2007”, because of the different statutory instrument that would be referred to. Although I suppose it would in theory be possible for us to vote on all of them, because we think that it would be inappropriate to decide on them until the statutory instruments have been decided on, we will none the less want to press at least one to a vote simply to make the point that the process has not been sensible.

Government amendment 78, however, refers to the abandonment of a poll in Scotland. When the Minister sums up, will he explain precisely why he has moved in that direction? The amendment relates to line 3 of page 226, in schedule 7. The Minister also referred to Government amendment 177, which is, as he says, a quite substantial amendment. It runs to several pages and concerns Northern Ireland. It runs from page 1047 of the amendment paper onwards. Proposed new paragraph 40(2) states:

“The following provisions have effect as if the persons listed in them included persons who would be entitled to be present at the proceedings on the issue or receipt of postal ballot papers in respect of the referendum or a relevant election if those proceedings were taken on their own.”

I wonder why the Minister has chosen that precise wording. Likewise, paragraph 42(2) states:

“Otherwise, the provisions listed in sub-paragraph (3) have effect as if the words before ‘the colour’ were omitted.”

It may be that I am very dim, but I simply do not understand that provision in relation to Northern Ireland; it will be for the House’s convenience if the Minister explains it.

Similarly, paragraph 44, on spoilt postal ballot papers—again in relation to Northern Ireland—states at sub-paragraph (2):

“The spoilt postal ballot paper may not be replaced unless all the postal ballot papers issued to the person are returned.”

I do not understand why, if a voter has been given three ballot papers and has spoilt only one of them and therefore wants a replacement only for that one, they have to return the other two as well. Will the Government explain that? I ask about this because some people believe we should make postal balloting more difficult.

In Northern Ireland there has been a tradition of separate rules and regulations for postal voting, because of concerns about corruption. In case the Government are considering substantially restricting the use of postal voting in England and Wales, I must tell the Minister that the current provisions have made it far easier for a large number of my voters to vote in any election. Previously, people had to get a member of the medical profession to sign them off as ill to get a postal ballot. In many cases, my voters were charged £6 a head for the right to vote in an election by post, which I think is completely wrong. Of course we want to ensure that there is no opportunity for corruption in the use of postal ballots, but my experience is that many elderly and other people, particularly those who cannot predict the precise timing of their work commitments, value the current provisions on postal voting.

Finally, I am deeply grateful to the Minister for sending me an e-mail today about the definition of newspapers and periodicals, but unfortunately the parliamentary system would not let me open the attachment, so I do not have the faintest idea what it says. I would be grateful if he could find some means of letting me know what he was trying to communicate.

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[Ian Mearns (Gateshead) (Lab)]

I want to speak about the complexity, confusion and unfairness that have so often been referred to in this debate, and that comes from the perspective of having suffered the ignominy of a proposition for regional government for the north-east of England, which I vehemently supported, being lost in a referendum, almost six years ago to the day. Part of the reason for that, although not the only one by any stretch of the imagination, was the fact that the question of regional government for the north-east of England was combined on the same ballot paper with a question about what form of unitary local government was wanted.

Although 70% of electors in the north-east of England were not subject to any change in local authority, the then Office of the Deputy Prime Minister sent out a six-page supplement to every voter in the region, four pages of which were about local government reorganisation. Many of my constituents rang me asking whether the proposal would mean the end of Gateshead council. It had no impact on Gateshead council, other councils in Tyne and Wear, or councils in Teesside, but the six-page document had four pages about local government reform, and of course the whole concept of regional government for England was lost at that stage.

When addressing the issue of complexity, confusion and fairness, we must look at the coalition Government’s stance. They have repeatedly told us that their actions in passing legislation and making ministerial judgments must pass the acid test of fairness. So is the proposed measure fair or is it not? In fact, the junior coalition partners have almost made it their mantra that they will support their senior coalition partners as long as measures are seen to be fair. The Bill clearly fails that test in many ways, yet the “fairness party”, as the Liberal Democrats see themselves, is still voting in the Lobby to support it—with a handful of notable exceptions on some clauses and amendments. Citizens’ capacity to vote in a referendum is vital, and part of the unfairness to which I refer is the fact that the arbitrary nature of the Government’s proposal disregards the geography and natural togetherness of local communities. I envisage that virtually every constituency in the country will be subject to change—with the exception, of course, of the two constituencies exempted because of their peripheral geography, and because they encompass so many islands.

It is difficult to fathom a scenario in which, in order to meet the twin criteria of ending up with exactly 600 constituencies that must all comprise exactly 76,000 electors, plus or minus 5%, there will be knock-on effects across county boundaries and even regional boundaries—

[Mr Harper]

You’re in the wrong part of the Bill.

[Ian Mearns]

I’m getting there.

It is no wonder that—

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[Ian Mearns]

Mr Deputy Speaker, I am happy to return to this matter on Third Reading, but there are some important points about the Bill that need to be made.

[Mr Harper]

I did not detect any focus on the amendments in the last few speeches, so I shall not address the points that were made in them. I shall focus instead on those Members who troubled themselves to speak to the amendments and raised sensible points, as did the hon. Member for Rhondda (Chris Bryant). He and others mentioned that the orders relate to the elections and not to the referendum. The conduct of the elections is not devolved, as my hon. Friend the Member for Corby (Ms Bagshawe) said. The hon. Gentleman will know that, under the Calman proposals, we propose to move the administration of those elections to the Scottish Parliament.

The orders that the hon. Gentleman mentioned are not amendable, and I hope that the House will support them. If it does not, I have already said that we will revert to the original provisions in the Bill, which have been debated and voted on by the House. Either way, the House of Commons will have had the opportunity to consider both scenarios—without the new orders and with them—and to pronounce on them. I am therefore confident that the House and the other place will have taken those decisions, whatever they might be.

[Chris Bryant]

When the hon. Gentleman says that the Government would revert to the previous provisions, I presume he means that he would table amendments in the House of Lords, because he would not be able to table them here. In that case, he would not have met his own criterion that matters relating to the elections would be decided on here.

[Mr Harper]

No, not at all. If Parliament did not adopt the orders, we would indeed have to table the amendments in the House of Lords, but in so doing, we would simply be bringing the Bill back to the stage that it is at with the amendments that have already been debated and voted on by this House. Either way, it would be this House that had effectively decided on the machinery for our electoral arrangements. I hope that I have set that out clearly, even though I know that the hon. Gentleman does not agree with it.

I listened carefully to the speech by the hon. Member for Na h-Eileanan an Iar (Mr MacNeil), who is no longer in his place, or, indeed, any other place—[Hon. Members: “He must be somewhere!”] Well, he is not in the Chamber. He must be somewhere, but he is not here. He talked about the respect agenda, and he and others talked about holding elections and referendums on the same day. We have had this debate before, Mr Deputy Speaker, so I will not try your patience.

The hon. Gentleman made some sensible points on the coincidence of elections, notably of a UK general election and devolved elections. He knows that that matter has been highlighted—although not actually put in place—by the Fixed-term Parliaments Bill, and we have already said that we are thinking about possible solutions. When the Government have settled on a position, we will consult parties in each of the devolved nations—not the devolved Administrations, because they only represent one or more parties—to come up with a solution. That relates to the coincidence of elections; the Government do not think that the combination of a referendum and elections will have the same qualitative impact.

[Tom Greatrex]

Surely the solution is to have four-year fixed-term Parliaments. The UK and Scottish parliamentary elections would then never happen on the same date.

[Mr Harper]

I will not dwell on that point at length, because you would rule me out of order, Mr Deputy Speaker. Briefly, however, I will say that it would be possible, if there were an early UK general election or if the devolved Administrations’ cycles changed, to have four-year terms for both Administrations. That could result in coincidence on every occasion, rather than just once every 20 years. I will not pursue that, however, as it relates to a different piece of legislation, which the House will have the chance to debate in due course.

[Chris Bryant]

I know that the Minister will not want to dwell on this point either, but he was talking about process, and about the amendments that he might or might not have to table. If the Government change the law on prisoners’ voting, they will have to do so in primary legislation. Will the Minister make it clear that he would not do that by tabling amendments to this Bill in the House of Lords?

[Mr Harper]

The hon. Gentleman is getting ahead of himself a little. I made it clear in the statement that the Government had not yet made any decisions on how to implement that judgment. We have made it quite clear on a number of other issues relating to this Bill that it is about the referendum. Indeed, we have resisted amendments in which people have tried to make changes that would have a wider policy impact and that should be made elsewhere. For example, we had a debate on the appropriate age at which people should be able to vote. There was a general view on the Government Benches, even among those who support that provision for elections in general, that this Bill was not the right place in which to make those arrangements. I think that I can give the hon. Gentleman the assurance that he seeks.

The hon. Gentleman asked why the form for the postal voting statement to be used for Scottish Parliament elections in which the issue and receipt of postal ballot papers was not combined had been changed. The Scotland Office has updated the form in the 2010 order, and we have followed that in the Bill for the purposes of the Scottish Parliament elections next May.

The hon. Gentleman and the hon. Member for Foyle (Mark Durkan) asked why, in Northern Ireland, all postal ballot papers had to be returned if one was spoiled. In cases of a combined poll, there will be a pack containing all the ballot papers, and another pack would have to be issued in such circumstances. Someone could end up with multiple ballot papers for the same election, if the first set were not returned. That is also the long-standing practice in England, Wales and Scotland. I shall come to the hon. Member for Foyle’s other points in a second, and he can come back to me if he does not think that that answer is appropriate.

The hon. Member for Rhondda also asked why proposed new paragraph 42 in amendment 177 referred to the words before “the colour” being omitted. The words are being omitted when the poll at one election is taken with the poll at another election. The reason that we have omitted them is because, if the elections happen on 5 May, we know that there will be combinations and that the words will be redundant. He also asked why amendment 78 changed the wording in line 3 of page 266. It is a consequential minor change—consequential to the drafting change made to the order governing the Scottish Parliament elections—and it is not intended to have any practical effect.

I was asked about amendment 78 and the changes to provisions on abandonment of poll in the Scottish parliamentary elections. Again, this follows changes to the 2010 order, which separates out for the first time provisions dealing with the death of a candidate in a regional election from those dealing with the death of a candidate in a constituency election. This means we have to amend the provision, making it clear how the abandonment of either poll would affect the referendum. The policy remains that the referendum poll would continue.

[Chris Bryant]

Does that meet the requirements of the later amendment that deals with the equality of votes where a candidate has died?

[Mr Harper]

They are about different things; they are not linked. [Interruption.] No, the later amendment is about how the AV rules would work, whereas this one is about the working of the elections taking place next year. They are separate issues.

I was also asked about the use of black ink on the postal voting statement. Because it is for the postal voting statement, it is not relevant to the forms used in the polling station. My understanding and my advice is that the use of black ink is to make the document easier to verify when it is checked and scanned when the postal vote identifiers are being checked. I will make further inquiries, however, and write to the hon. Member for Cardiff West (Kevin Brennan) if this proves not to be the case.

[Kevin Brennan]

Will the Minister confirm now—or, if not, later in that letter—whether, if an elector does not use black ink, the postal vote will not be invalidated?

[Mr Harper]

I will look further into that. The real issue is the ease with which returning officers can validate the identifiers. I understand that, where that is not able to be done automatically, it means in practice that it has to be done manually. As I say, however, I will check, write to the hon. Gentleman, copy it to the hon. Member for Rhondda and place a copy in the House of Commons Library.

The hon. Member for Glasgow East (Margaret Curran) said that there were a significant number of amendments. That is true, although as I think the hon. Member for Rhondda acknowledged in his remarks, a lot of them are very technical. They consist of replacing 2007 with 2010, for example, and use straightforward language to reflect what has been changed. The issues of substance, particularly those affecting Northern Ireland—where significant changes have been made to postal voting—have been discussed.

The hon. Member for Foyle raised a number of issues. He asked whether the chief electoral officer could still combine working on local and Assembly elections. Yes, he can. I was asked why the chief counting officer and the Northern Ireland chief electoral officer need to agree on the issue of the receipt of postal ballot papers. The chief counting officer co-ordinates the referendum nationally, so he has the general power of direction. The chief electoral officer of Northern Ireland obviously knows that situation on the ground, so it makes sense for them both to agree on whether to issue combined postal votes. The same position applies in the rest of the United Kingdom. We were urged at an earlier stage of our debate to make this mandatory, but combining the postal ballot papers would sometimes not be practical. Legislating for something that proves not to be practical is not very sensible.

The hon. Member for Foyle also made a point about amendment 18. My advice is that it is not intended to—and, we understand, it does not—change the position on the ability of the Northern Ireland Assembly to change the date. He raises a good point, however, and if he is concerned about it, it is worth my reflecting on it further. I will do so and write to him when I have thought more about it. I repeat that it is not the intention to change the position and we do not believe that it does. The point is nevertheless worth dealing with, and I will write to the hon. Gentleman, if that is acceptable.

[Mr Dodds]

When the Minister writes to the hon. Member for Foyle (Mark Durkan), will he give the same undertaking to put his response in the House of Commons Library?

[Mr Harper]

Yes, of course. I am grateful to the right hon. Gentleman for giving me the opportunity to confirm that. I will write to the hon. Member for Foyle, copy my reply to the hon. Member for Rhondda and place it in the Library for the benefit of all hon. Members. [Interruption.]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. A number of private conversations are going on, and I am finding it difficult to listen to the Minister. If Members want to have a chat, will they please go outside the Chamber?

[Mr Harper]

I am grateful, Mr Deputy Speaker.

I have just one further point. The hon. Member for Foyle also raised an issue about whether the language on the forms was clear enough about spoiled ballot papers. The form mentions the need to return all the spoiled papers, but that might leave some ambiguity, so I will reflect further on it. There are two things worth saying. We have an opportunity to deal with the issue, but the hon. Gentleman will know that at an earlier stage of our proceedings, the House agreed to an amendment that gave the Electoral Commission permission to make the forms—but not the ballot papers—more accessible for disabled people and easier for voters to understand. To be clear, if, after the Bill receives its Royal Assent, as I hope it does, any further issues are raised as to whether the forms are as clear as they could be, the Electoral Commission will have the power to make those changes to facilitate accessibility or make the forms easier to use.

[Mark Durkan]

I thank the Minister for those particular assurances, but on my reading, form 3A under schedule 8 does not explain that if one ballot is spoiled, they all have to be returned. That is not at all clear in the wording. Any effective amendment would need to lead to a change of wording on the form, perhaps through the channel that the Minister has described.

[Mr Harper]

I agree. I said that I thought the hon. Gentleman made a fair point. I will go away, think about whether it is a real concern—it is a good point—and decide on the best way to deal with it. I hope that that is helpful. I believe that I have addressed the points made by hon. Members and I hope that the House will agree to the Government amendments.

Amendment 18 agreed to.

Amendment made: 19, page 3, leave out lines 31 and 32.—(Mr Harper.)

Schedule 7

Combination of polls: Scotland

Amendments made: 44, page 212, leave out lines 10 and 11 and insert—

‘“the 2010 Order” means the Scottish Parliament (Elections etc.) Order 2010;’.

Amendment 45, page 212, line 15, leave out from ‘Article’ to ‘Order’ and insert ‘14 of the 2010’.

Amendment 46, page 212, line 32, leave out ‘2007’ and insert ‘2010’.

Amendment 47, page 212, line 41, leave out ‘19 of the 2007’ and insert ‘18 of the 2010’.

Amendment 48, page 213, line 9, leave out ‘20 of the 2007’ and insert ‘19 of the 2010’.

Amendment 49, page 213, line 19, leave out ‘2007’ and insert ‘2010’.

Amendment 50, page 213, line 31, leave out ‘2007’ and insert ‘2010’.

Amendment 51, page 214, line 34, leave out ‘2007’ and insert ‘2010’.

Amendment 52, page 215, line 5, leave out ‘2007’ and insert ‘2010’.

Amendment 53, page 216, line 1, leave out ‘second sentence of’ and insert ‘requirement for separate ballot boxes in’.

Amendment 54, page 216, line 33, leave out ‘and (12)’.

Amendment 55, page 216, line 40, leave out ‘(13)’ and insert ‘(12)’.

Amendment 56, page 218, line 18, leave out ‘46(7)’ and insert ‘46(6)’.

Amendment 57, page 218, line 35, leave out ‘46(7)’ and insert ‘46(6)’.

Amendment 58, page 218, line 38, leave out ‘2007’ and insert ‘2010’.

Amendment 59, page 219, line 11, leave out ‘47(5)’ and insert ‘47(4)’.

Amendment 60, page 219, line 21, leave out ‘48(7)(a)’ and insert ‘48(6)(a)’.

Amendment 61, page 219, line 35, leave out ‘48(9)’ and insert ‘48(8)’.

Amendment 62, page 220, line 5, leave out ‘49(8)’ and insert ‘49(7)’.

Amendment 63, page 220, line 7, leave out ‘49(12)’ and insert ‘49(10)’.

Amendment 64, page 220, line 24, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 65, page 220, line 29, leave out from ‘53(1)’ to first ‘reference’ in line 30 and insert ‘and (2) of the Scottish Parliamentary Election Rules, a’.

Amendment 66, page 220, line 31, leave out from ‘referendum’ to ‘does’ in line 32 and insert—

‘( ) Rule 53(2)(g) of those rules’.

Amendment 67, page 220, line 37, leave out ‘53(1)(a)’ and insert ‘53(2)(a)’.

Amendment 68, page 220, line 38, leave out paragraph 40 and insert—

‘40 Rule 53(2) of the Scottish Parliamentary Election Rules has effect as if “counting officer” were substituted for “CRO” in each place.’.

Amendment 69, page 221, line 2, leave out ‘53(3)’ and insert ‘53(4)’.

Amendment 70, page 222, line 27, leave out ‘2007’ and insert ‘2010’.

Amendment 71, page 222, line 33, leave out ‘2007’ and insert ‘2010’.

Amendment 72, page 223, line 8, leave out sub-paragraph (5) and insert—

‘(5) The counting officer must, on request, provide an election agent for the Scottish parliamentary election with a copy of the statement relating to that election.’.

Amendment 73, page 224, line 12, leave out ‘2007’ and insert ‘2010’.

Amendment 74, page 225, line 16, leave out from ‘the’ to ‘and’ in line 17 and insert ‘polling register (within the meaning given in Article 2(1) of the 2010 Order),’.

Amendment 75, page 225, line 24, leave out ‘69(1)(e), (f) and (h)’ and insert ‘69(1)(c), (d) and (f)’.

Amendment 76, page 225, line 27, leave out from first ‘the’ to end of line 28 and insert ‘CRO were to the counting officer’.

Amendment 77, page 225, line 36, leave out ‘72’ and insert ‘72(4), 75(2) or 77(1)’.

Amendment 78, page 226, line 3, leave out sub-paragraphs (2) and (3) and insert—

‘(2) Rule 78 of the Scottish Parliamentary Election Rules has effect as if it were amended in accordance with sub-paragraphs (3) and (3A).

(3) In paragraph (2), after “ CRO” insert “or counting officer”.

(3A) For paragraph (3) substitute—

“(3) After the close of any polls that are being taken together with the poll that has been abandoned, the counting officer must—

(a) separate the ballot papers for the abandoned poll, and

(b) deliver or cause to be delivered to the CRO the ballot papers and other documents relating to the abandoned poll.

(3A) Paragraphs (4) to (9) apply in relation to the poll that has been abandoned.”’.

Amendment 79, page 226, line 28, leave out ‘72(8)’ and insert ‘78(10)’.

Amendment 80, page 226, line 32, leave out ‘Scottish Parliament (Elections etc.) Order 2007 (S.I. 2007/937)’ and insert ‘2010 Order’.

Amendment 81, page 227, line 1, leave out ‘20A(4) or 20B(3)(a)’ and insert ‘20(4)(b), 21(4)(b) or 22(3)(b)’.

Amendment 82, page 227, line 2, leave out ‘2007’ and insert ‘2010’.

Amendment 83, page 227, line 4, leave out ‘28’ and insert ‘30’.

Amendment 84, page 227, line 5, leave out ‘2007’ and insert ‘2010’.

Amendment 85, page 227, line 9,, leave out ‘(9)’ and insert ‘(10)’.

Amendment 86, page 227,, leave out lines 22 to 25.

Amendment 87, page 228, line 8, at end insert—

‘“proxy postal voters list” includes the list kept under paragraph 8(6) of Schedule3 to the Parliamentary Voting System and Constituencies Act 2010;”;’.

Amendment 88, page 228, line 27, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 89, page 228, line 35, leave out ‘constituency returning officer’ and insert ‘CRO’.

Amendment 90, page 228, line 40, before ‘In’ insert—

‘In sub-paragraph (1)—

(a) for “CRO” substitute “relevant returning or counting officer”;

(b) for “CRO’s” substitute “relevant returning or counting officer’s”.’.

Amendment 91, page 228, line 40, leave out ‘sub-paragraphs (1) and (2), for “constituency returning officer”’ and insert ‘sub-paragraph (2), for “CRO”’.

Amendment 92, page 229,, leave out lines 24 and 25 and insert—

(a) the CRO and members of the CRO’s staff;’.

Amendment 93, page 230, line 13, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 94, page 230, line 18, leave out ‘(8)’ and insert ‘(9)’.

Amendment 95, page 230, line 18, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 96, page 230, line 21, leave out ‘(5)’ and insert ‘(6)’.

Amendment 97, page 230, line 22, leave out ‘(8)’ and insert ‘(9)’.

Amendment 98, page 230, line 23, leave out ‘“(8A)’ and insert ‘“(9A)’.

Amendment 99, page 230, line 24, leave out ‘(6) or (9)’ and insert ‘(7) or (10)’.

Amendment 100, page 230, line 28, leave out ‘(10)’ and insert ‘(11)’.

Amendment 101, page 231, line 14, leave out ‘32(5)’ and insert ‘31(5)’.

Amendment 102, page 231, line 29, leave out ‘32(5)’ and insert ‘31(5)’.

Amendment 103, page 231, line 21, leave out ‘constituency returning officer’ and insert ‘CRO’.

Amendment 104, page 232, line 15, leave out ‘7(7)’ and insert ‘9(7)’.

Amendment 105, page 232, line 17, leave out ‘constituency returning officer’ and insert ‘CRO’.

Amendment 106, page 232, column2, leave out lines 19 and 20.

Amendment 107, page 233,, leave out lines 4 to 10.

Amendment 108, page 233, line 36, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 109, page 233, line 42, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 110, page 234, line 3, before ‘In’ insert—

‘“In sub-paragraph (1)—

(a) for “CRO” substitute “relevant returning or counting officer”;

(b) for “CRO’s” substitute “relevant returning or counting officer’s”.’.

Amendment 111, page 234, line 3, leave out ‘sub-paragraphs (1) and (2), for “constituency returning officer”’ and insert ‘sub-paragraph (2), for “CRO”’.

Amendment 112, page 234, line 7, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 113, page 234, line 10, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 114, page 234, line 12, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 115, page 234, line 15, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 116, page 235, line 35, leave out ‘20A’ and insert ‘21’.

Amendment 117, page 235, line 36, leave out ‘20B’ and insert ‘22’.

Amendment 118, page 236, line 18, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 119, page 236, line 29, leave out from ‘sub-paragraph (4)’ to end of line 30 and insert

‘(a) for “CRO’s” substitute “relevant returning or counting officer’s”; (b) after “then” insert “lock the ballot box (if it has a lock) and”’.’.

Amendment 120, page 236, line 31, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 121, page 236, line 35, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 122, page 236, line 41, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 123, page 236, line 43, leave out ‘(7)’ and insert ‘(10)’.

Amendment 124, page 237, line 2, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 125, page 237, line 3, column2, at end insert—

‘In sub-paragraph (4)(c), for “CRO’s” substitute “relevant returning or counting officer’s”.’.

Amendment 126, page 237, line 5, leave out ‘20A’ and insert ‘21’.

Amendment 127, page 237, line 5, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 128, page 237, line 6, column 2, at end insert—

‘In sub-paragraph (4)(c), for “CRO’s” substitute “relevant returning or counting officer’s”.’.

Amendment 129, page 237, line 9, leave out ‘20B’ and insert ‘22’.

Amendment 130, page 237, line 9, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 131, page 237, line 10, column 2, at end insert—

‘In sub-paragraphs (3)(c) and (5), for “CRO’s” substitute “relevant returning or counting officer’s”.’.

Amendment 132, page 237, line 13, leave out ‘lock and’.

Amendment 133, page 237, line 16, leave out ‘21’ and insert ‘23’.

Amendment 134, page 237, line 16, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 135, page 237, line 19, leave out ‘22’ and insert ‘24’.

Amendment 136, page 237, line 19, leave out ‘(3), for “constituency returning officer”’ and insert ‘(2), for “returning officer”, and for “CRO”,’.

Amendment 137, page 237, line 24, column2, at end insert—

‘In sub-paragraph (3)—

(a) for “CRO” substitute “relevant returning or counting officer”;

(b) for “CRO’s” substitute “relevant returning or counting officer’s”.’

Amendment 138, page 237, line 25, leave out ‘23’ and insert ‘25’.

Amendment 139, page 237, line 26, leave out ‘constituency returning officer’ and insert ‘CRO’.

Amendment 140, page 237, line 30, leave out ‘24’ and insert ‘26’.

Amendment 141, page 237, line 30, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 142, page 237, line 35, leave out ‘25’ and insert ‘27’.

Amendment 143, page 237, line 35, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 144, page 237, line 38, leave out ‘26’ and insert ‘28’.

Amendment 145, page 237, line 38, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 146, page 237, line 41, leave out ‘27’ and insert ‘29’.

Amendment 147, page 238, line 2, leave out ‘28’ and insert ‘30’.

Amendment 148, page 238, column2, leave out lines 2 to 48 and insert—

‘In sub-paragraph (1)—

(a) for the words before sub-paragraph (a) substitute “The relevant returning or counting officer shall retain, together with the documents mentioned in rule 69(1) of the Scottish Parliamentary Election Rules and rule 49 of the referendum rules”;

(b) in paragraph (a), for the words from “the election to which” to the end substitute “the election or referendum to which it relates and the area to which it relates”;

(c) in paragraph (b), at the end insert “in respect of the election, and a completed statement in the form set out in Form 10 in Part 3 of Schedule 7 to the Parliamentary Voting System and Constituencies Act 2010 in respect of the referendum”.’

Amendment 149, page 239, line 3, leave out ‘53(1)(g)’ and insert ‘53(2)(g)’.

Amendment 150, page 239, line 6, leave out ‘“constituency returning officer”’ and insert ‘“CRO”’.

Amendment 151, page 239, leave out lines 9 to 12.

Amendment 152, page 239, line 13, leave out ‘68 and 69’ and insert ‘68, 69, 70 and 71(1)’.

Amendment 153, page 239, leave out lines 29 to 38 and insert—

‘(i) in relation to a document or packet relating to the Scottish parliamentary election, rules 68, 69, 70 and 71(1) of the Scottish Parliamentary Election Rules;

(ii) in relation to a document or packet relating to the referendum, rules 50 and 51 of the referendum rules.”’.

Amendment 154, page 239, line 39, leave out from ‘sub-paragraph (4)’ to end of line 42 and insert ‘for “CRO”’.

Amendment 155, page 240, leave out line 9.

Amendment 156, page 245, line 5 (Form 4—Form of postal voting statement (to be used for Scottish parliamentary election where proceedings on issue and receipt of postal ballot papers not combined)).

Amendment 157, page 251, line 9 (Form 10—Statement as to postal ballot papers for the referendum).—(Mr Harper.)



Schedule 8

Combination of polls: Northern Ireland

Amendments made: 158, page 255, line 6, at end insert—

(ba) Part 5 of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2009/1741) or Part 3 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (issue and receipt of postal ballot papers);’.

Amendment 159, page 255, line 25, at end insert—

(0) rule 16A (corresponding number list);’.

Amendment 160, page 255, line 36, at end insert—

( ) a provision referred to in sub-paragraph (1)(ba), (3)(c) or (h) or (4)(b),’.

Amendment 161, page 255, line 39, leave out paragraphs (b) and (c) and insert—

( ) rule 16A of the Local Elections Rules to the extent that it relates to ballot papers issued in pursuance of rule 21(1) of those rules, or’.

Amendment 162, page 255, line 44, at end insert—

‘( ) The Chief Electoral Officer may not decide that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together unless the Chief Counting Officer agrees.’.

Amendment 163, page 256, line 2, leave out ‘, 3’ and insert ‘to 3B’.

Amendment 164, page 256, line 13, at end insert—

( ) rule 16A of the Local Elections Rules.’.

Amendment 165, page 256, line 16, at end insert—

( ) rule 16A(2) of the Local Elections Rules.’.

Amendment 166, page 256, line 25, at end insert—

( ) rule 26(1) of the Local Elections Rules.’.

Amendment 167, page 256, line 31, at end insert—

( ) rule 16A of the Local Elections Rules.’.

Amendment 168, page 257, line 31, leave out ‘this paragraph’ and insert ‘sub-paragraph (2)’.

Amendment 169, page 257, line 33, at end insert—

‘(4) The declaration of identity to be used by those entitled to vote by post in the Assembly election must be in the form set out in Form 3A in Part 2 of this Schedule.

(5) Sub-paragraph (4) applies instead of the requirement in rule 24(1) of the Assembly Elections Rules for a declaration of identity to be in a particular form.

(6) The declaration of identity to be used by those entitled to vote by post in the local election must be in the form set out in Form 3B in Part 2 of this Schedule.

(7) Sub-paragraph (6) applies instead of the requirement in rule 21(1) of the Local Elections Rules for a declaration of identity to be in a particular form.’.

Amendment 170, page 258, line 16, at end insert—

(0) rule 26(3)(e) of the Local Elections Rules.’.

Amendment 171, page 258, line 18, at end insert—

( ) rule 26(3ZC) of the Local Elections Rules.’.

Amendment 172, page 260, line 38, at end insert—

22A (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.

(2) If the Chief Electoral Officer thinks fit, he or she may require the relevant registration officer to produce—

(a) a combined postal voters list, consisting of the things that would otherwise be included in—

(i) the postal voters list for the referendum;

(ii) the list under paragraph 2(4)(a) of Part 1 of Schedule 2 to the Local Elections Order;

(iii) the list under section 7(4)(a) of the Representation of the People Act 1985 as applied for the purposes of Assembly elections by Article 3(1) of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001;

(b) a combined proxy postal voters list, consisting of the things that would otherwise be included in—

(i) the proxy postal voters list for the referendum;

(ii) the list under paragraph 4(8) of Part 1 of Schedule 2 to the Local Elections Order;

(iii) the list under section 9(9) of the Representation of the People Act 1985 as applied for the purposes of Assembly elections by Article 3(1) of, and Schedule 1 to, the Northern Ireland Assembly (Elections) Order 2001.’.

Amendment 173, page 265, line 41, at end insert—

‘( ) Where lists are prepared as mentioned in paragraph 7(2), 8(2) or 16(1)—

(a) rules 49(1)(b) and 51 of the referendum rules apply to the packets of those lists;

(b) rule 58(1) of the Local Elections Rules applies as if sub-paragraph (da), so far is it relates to those lists, were omitted.’.

Amendment 174, page 266, line 6, after ‘rule’ insert ‘60 or’.

Amendment 175, page 266, line 9, after ‘61’ insert ‘or 63’.

Amendment 176, page 266, line 42, leave out ‘61(2)’ insert ‘64(1) to (6)’.—(Mr Harper.)



Amendment proposed: 177, page 266, line 42, at end insert—

Part 1A

Postal voting

Interpretation

39 In this Part—

“the 2008 Regulations” means—the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied for purposes of the referendum by Part 3 of Schedule4, and those regulations as applied for the purposes of Assembly elections by Article 3(2) of, and Schedule 2 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);

(a) the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) as applied for purposes of the referendum by Part 3 of Schedule4, and

(b) those regulations as applied for the purposes of Assembly elections by Article 3(2) of, and Schedule 2 to, the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599);

“the Local Elections Order” means the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454).

Attendance at proceedings on issue and receipt of postal ballot papers

40 (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.

(2) The following provisions have effect as if the persons listed in them included persons who would be entitled to be present at the proceedings on the issue or receipt of postal ballot papers in respect of the referendum or a relevant election if those proceedings were taken on their own.

(3) The provisions are—

(a) regulation 72 of the 2008 Regulations;

(b) paragraph 3(1) of Part 3 of Schedule 2 to the Local Elections Order.

Procedure on issue of postal ballot papers

41 (1) This paragraph applies where—

(a) the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together, and

(b) a combined postal voters list or proxy postal voters list is produced by virtue of paragraph 22A.

(2) In a case where a postal ballot paper is issued at the same time in respect of the referendum and the relevant elections, a single mark must be placed in the list under the following provisions—

(a) regulation 76(2) of the 2008 Regulations;

(b) paragraph 6(1) of Part 3 of Schedule 2 to the Local Elections Order.

(3) In any other case, a mark must be placed in the list under those provisions identifying the poll to which each postal ballot paper issued relates.

Provisions requiring declaration of identity to indicate colours of ballot papers

42 (1) The provisions listed in sub-paragraph (3) do not apply where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.

(2) Otherwise, the provisions listed in sub-paragraph (3) have effect as if the words before “the colour” were omitted.

(3) The provisions are—

(a) regulation 76(4) of the 2008 Regulations;

(b) paragraph 6(3) of Part 3 of Schedule 2 to the Local Elections Order.

Envelopes

43 (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.

(2) The same covering envelope and ballot paper envelope must be issued to a voter under the following provisions in respect of the referendum and the relevant elections.

(3) The provisions are—

(a) regulation 78 of the 2008 Regulations;

(b) paragraph 8 of Part 3 of Schedule 2 to the Local Elections Order.

(4) The number of each of the postal ballot papers issued must be marked on the ballot paper envelope unless the envelope has a window through which all of the ballot paper numbers are displayed.

(5) The following provisions do not apply—

(a) regulation 78(4) of the 2008 Regulations;

(b) paragraph 8(2) of Part 3 of Schedule 2 to the Local Elections Order.

Spoilt postal ballot papers

44 (1) This paragraph applies where—

(a) the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together,

(b) a person returns a spoilt postal ballot paper under regulation 81(1) of the 2008 Regulations or paragraph 12(1) of Part 3 of Schedule 2 to the Local Elections Order, and

(c) a postal ballot paper has been issued to the person in respect of one or more of the other polls.

(2) The spoilt postal ballot paper may not be replaced unless all the postal ballot papers issued to the person are returned.

(3) Where an unspoilt postal ballot paper is returned as mentioned in sub-paragraph (2), the 2008 Regulations or Local Elections Order apply to it as if it were a spoilt ballot paper.

Opening of postal voters’ ballot box

45 The following provisions have effect as if for the words after “opened” there were substituted “at the counting of the ballot papers”—

(a) regulation 85(3) of the 2008 Regulations;

(b) paragraph 16(3) of Part 3 of Schedule 2 to the Local Elections Order.

Opening of ballot paper envelopes

46 (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.

(2) The following provisions have effect as if after “number” there were inserted “(or one of the numbers)”—

(a) regulation 88(2)(a) of the 2008 Regulations;

(b) paragraph 17B(2)(a) of Part 3 of Schedule 2 to the Local Elections Order.

(3) The following provisions have effect as if at the end there were inserted “or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (marking the envelope to indicate the missing ballot paper)”—

(a) regulation 88(2)(c) of the 2008 Regulations;

(b) paragraph 17B(2)(c) of Part 3 of Schedule 2 to the Local Elections Order.

Countermand or abandonment of poll for relevant election

47 The following provisions do not apply where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together—

(a) regulation 90 of the 2008 Regulations;

(b) paragraph 18 of Part 3 of Schedule 2 to the Local Elections Order.

Retention of documents

48 (1) This paragraph applies where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.

(2) The Chief Electoral Officer must—

(a) endorse on each of the specified packets a description of its contents, the date of the poll and the name of the area to which the packet relates;

(b) complete a statement as to postal ballot papers in relation to each poll;

(c) retain the packets and statements.

(3) The specified packets—

(a) in relation to the referendum and the Assembly election, are the packets made up under regulations 79, 81(5) and 89 of the 2008 Regulations;

(b) in relation to a local election, are the packets made up under paragraphs 11 and 17C(b) of Part 3 of Schedule 2 to the Local Elections Order.

(4) A statement as to postal ballot papers—

(a) in the case of the referendum and the Assembly election, must be in the form set out in Form N in Schedule 3 to the 2008 Regulations;

(b) in the case of a local election, must be in the form set out in Form 2 in Part 3 of Schedule 2 to the Local Elections Order.

(5) Where—

(a) any covering envelopes are received by the Chief Electoral Officer after the close of the poll,

(b) any envelopes addressed to postal voters are returned as undelivered too late, or

(c) any spoilt postal ballot papers for the referendum or Assembly election are returned too late to enable other postal ballot papers to be issued,

the Chief Electoral Officer must seal those envelopes or postal ballot papers up in a separate packet, endorse the packet as mentioned in sub-paragraph (2)(a) and retain the packet.

(6) A copy of the completed statements as to postal ballot papers for the referendum and for the Assembly election must be provided to the Electoral Commission.

(7) The following rules apply to any packet or document retained under this paragraph—

(a) rules 51 and 52 of the referendum rules;

(b) rule 56 of the Assembly Elections Rules;

(c) rule 59 of the Local Elections Rules.

(8) In its application by virtue of sub-paragraph (7)(c), rule 59 of the Local Elections Rules has effect as if references to the proper officer of the council were to the Chief Electoral Officer.

(9) This paragraph applies instead of regulation 91 of the 2008 Regulations.

(10) Paragraph 19 of Part 3 of Schedule 2 to the Local Elections Order has effect as if—

(a) in sub-paragraph (1), the reference to paragraphs 11 and 17C(b) were omitted;

(b) in sub-paragraph (2), the references to envelopes were omitted.’.—(Mr Harper.)

Question put, That the amendment be made:—

--- Later in debate ---

[Mrs Laing]

I thank my hon. Friend; that is exactly the point of my amendments on having a threshold for those voting yes. Any constitutional change that will have an enormous effect on the composition of the House and of Parliament ought to be brought about in a way that commands confidence and respect. In tabling my modest amendments, I am trying once more to help the Government.

What if the referendum takes place and 15% of people vote yes? In a local election, we normally get about 29% and, as the hon. Member for Rhondda has rightly said, there is likely to be differential turnout throughout the country, which is likely to add to the confusion and the likelihood that the result of the referendum will not command respect and will be questionable. If the outcome does not command respect—if only 15% of those entitled to vote actually go out and vote for constitutional change—that result will be derisory and will mean that all future general elections under the AV system will be open to question. I have every confidence that the British people will have the sense to vote against AV, but just in case they do not—this is a serious matter—I put it to the House that if 15% or so of the population vote for a constitutional change that brings about a new AV system for elections to the House, the entire validity of our electoral system will be open to question and the very integrity of our democracy will be undermined.

[Mr Harper]

The amendments moved by my hon. Friends seek to specify certain thresholds. They are very different, as has emerged from the debate. The amendment tabled by my hon. Friend the Member for Stone (Mr Cash) would impose a simple turnout threshold. At least 40% of those entitled to vote would have to cast a vote, or the result would not be valid.

I should take this opportunity to put my hon. Friend right on the form of the alternative vote system that we propose in the Bill. I do not know if he was present for the debates that we had on it. His concern, I think he said, was that people would be forced to vote for all the candidates on the ballot paper, and if they did not, their vote would not be valid. He referred to some parties for which people would not want to vote. I can reassure him—

[Mr Cash]

I did not say that people would be forced to vote. I depended for my argument on the freedom of choice to decide that they might want to vote for only one person.

[Mr Harper]

I listened carefully to my hon. Friend. I think he said that if people chose to vote for only one person, their vote would then not count.

[Mr Cash]

No.

[Mr Harper]

Okay, but under our system of optional preferential, we are not forcing anybody to vote for anyone. Voters can vote for one candidate, all the candidates or any number in between, so the form of the alternative vote that we are putting to the electorate next year does not raise any of the concerns that my hon. Friend touched on. I am sorry if I overstated his argument.

The reason we have not specified a threshold in the Bill is, as a number of hon. Members said, that we want to respect the will of the people who vote in the referendum, without any qualifications. The argument against my hon. Friend’s amendment is that specifying a threshold for voter turnout—on this I agree with the hon. Member for Liverpool, West Derby (Stephen Twigg)—is that it makes every abstention effectively a no vote.

People may choose to abstain, but the amendment would create an incentive for people who favour a no vote to abstain. So people would not campaign, as they rightly should, for only yes or no votes in the referendum. We would have people campaigning actively for voters not to participate. We debated this a little on Second Reading, and as I said in my speech then, I do not think that is right. We need to encourage participation in the referendum. We want people to take part, and putting in a rule that encourages at least one side to campaign actively for voters not to take part would do our democracy a disservice.

I am not concerned as some colleagues are about what the turnout will be. As we have said in previous debates, both in Committee and in the House, there are elections for the devolved Administrations—for the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly—but there are also elections scheduled next year for 81% of England. The percentage turnout in English local elections varies, but it is usually in the mid to high 30s at least. I am confident that with the additional publicity and the awareness of the referendum, and the fact that it is an important decision, we will indeed get a good turnout.

Previous referendums in this country have either had good turnouts or, where the turnouts have not been that high, they have produced decisive clear results from the electorate, so I do not share that concern. We should not go against our tradition and practice in this country by setting turnout thresholds.

Let me now focus on the amendment tabled by my hon. Friend the Member for Epping Forest (Mrs Laing). She is right to say that it proposes a completely different, outcome-specific threshold. It is worth saying to colleagues on the Government Benches who support the Government’s proposals and respect the coalition agreement that my hon. Friend’s amendment is not compatible with what we set out in the coalition agreement, which was a simple majority referendum, without an outcome-specific threshold. Colleagues who are reconciled to a referendum being held should bear that in mind if they are tempted to vote for my hon. Friend’s amendment.

[Mr Chope]

Does my hon. Friend realise the irony of what he has just said? The Liberal Democrat MPs required two thirds support for entering the coalition. Surely it ill behoves them now to suggest that we can change the constitution of this country on a much smaller vote?

[Mr Harper]

I do not think my hon. Friend’s point holds a great deal of water. I think I am right in saying that the decision of the Liberal Democrats, although I am not an expert on their internal party mechanisms, was unanimous or almost unanimous. That does not take us an awful lot further forward.

[Mrs Laing]

I thank my hon. Friend for pointing out to me that I have made a mistake. I have said in the past that I respect the coalition agreement, and I would not go against it. I understand what he has just said about the exact terms of the coalition agreement and amendment 197. I therefore will not press that amendment to a Division this evening, as it would be inconsistent of me to do so—but of course I will then have to support my hon. Friend the Member for Stone (Mr Cash).

[Mr Harper]

I am grateful to my hon. Friend. I do not think I have ever been quite so persuasive with any of my arguments as to persuade one of my hon. Friends not to press an amendment. [Interruption.] I hear the opposition, so I shall put that one away and take it as a victory.

My hon. Friend the Member for Epping Forest made it clear to the House that she does not think that referendums should be compared to elections in any way, but it is worth saying to hon. Members that if we were to adopt a similar process for elections, the House would be spared the services not of the hon. Member for Rhondda (Chris Bryant) but of, among others, Mr Deputy Speaker’s colleague the right hon. Member for Bristol South (Dawn Primarolo), the right hon. Member for Doncaster Central (Ms Winterton), who is the Opposition Chief Whip, and—most tragically of all for our side of the House—my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who in his by-election on 10 July 2008 sadly polled only 24.4% of the electorate. We on the Government Benches would be sadly lacking if we had been deprived of his services.

[Mr Leigh]

I am now totally confused. Generally, I find it is a big mistake to attend debates, because one gets tempted to vote against the Government. Is my hon. Friend the Minister saying that the amendment tabled by my hon. Friend the Member for Epping Forest (Mrs Laing) is contrary to the coalition agreement, but that the amendment tabled by my hon. Friend the Member for Stone (Mr Cash) is not?

[Mr Harper]

No, the amendment is not contrary to what is in the coalition agreement, but we do not agree with it, and I have set out clearly why. We do not, in this country, have a tradition of turnout thresholds. The one experience that we have had of an outcome-specific threshold was in a Scottish devolution referendum in 1979. That threshold was put there to deny Scottish devolution.

That leads us to the heart of the argument. My hon. Friend the Member for Epping Forest made it clear, as she has done throughout, that she was confident of the decision that the British people would come to—but then she said she wanted to introduce her amendment, just in case. My hon. Friend the Member for Stone, in a revealing response to an intervention from the hon. Member for Liverpool, West Derby, said that we should trust the people. That is an expression that I used in my Second Reading speech, and it is right.

There are different views in both parts of the coalition and in the Opposition parties, but whatever our views, we should not set artificial limits that encourage people not to participate in the referendum. Whichever side of the argument we are on, we should have the courage of our convictions. We should get the Bill—or the part of it that we agree with—on to the statute book, make our case, engage with the people, explain to them the rights and wrongs of the cases, and trust the people, as the hon. Gentleman said, to make the right decision, to come out and vote, and to make a clear decision. Then the House will be able to proceed. That is the best way, so I urge my right hon. and hon. Friends not to press their amendments—and if do they press them, I urge the House to vote against them.

Question put, That the amendment be made.