Northern Ireland Debate

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Department: Northern Ireland Office

Northern Ireland

Naomi Long Excerpts
Wednesday 17th November 2010

(13 years, 6 months ago)

Commons Chamber
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Lord Swire Portrait Mr Swire
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The hon. Gentleman is absolutely right: we must do that. In fact there are two elections, which will be held in the normal way for the people in Northern Ireland, and the third is just a straight yes/no vote. I hope that the people of Northern Ireland will vote in the same way as I will.

Naomi Long Portrait Naomi Long (Belfast East) (Alliance)
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The Minister mentioned that in his meeting with the Electoral Commission, it had indicated that it was happy to facilitate all the elections taking place on the same day, provided that the risks were properly managed. Will he also agree that the commission said that it needed to ensure that it is properly resourced, given that there will be complications involving, for example, the number of ballot boxes available, and a number of other logistical issues, which will require more expenditure than a regular election?

Lord Swire Portrait Mr Swire
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The hon. Lady is absolutely right. Of course this needs to be properly resourced, and the necks of both the Secretary of State and myself are on the line if anything goes wrong. What we all want to avoid, on both sides of the House, are scenes such as those that we saw in the recent general election, when people were turned away from the polling stations. The matter is further complicated because some polling stations in Northern Ireland are quite small. There is also the issue of screening, and, as the hon. Lady said, of ballot boxes. I understand that the ballot boxes are being sourced at the moment. She is right to say that we must get it right, and to do that requires proper planning and funding.

As I was saying, my officials are working closely with the commission and the chief electoral officer in the run-up to the polls to ensure that there is early identification and resolution of any problems such as the ones that we have just heard about.

I hope that the House is satisfied that the vast majority of provisions in these orders will make small but important changes to provide for greater consistency with elections elsewhere in the UK. I also hope that hon. and right hon. Members are reassured that the necessary steps will be taken to ensure successful combined polls in May 2011, and will therefore agree that the date of the next local elections should be set for 5 May next year. I commend these orders to the House.

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Lord Dodds of Duncairn Portrait Mr Dodds
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My right hon. Friend is absolutely right to draw attention to that. The previous Government proposed reducing the number of councils to seven. I am the first to support a reduction in governance and the number of elected officials and all the rest of it, but a reduction to seven councils would have meant that Northern Ireland councils would be bigger than any other region of Europe. I am sure that the former Minister, the right hon. Member for Wythenshawe and Sale East (Paul Goggins), will go into considerable detail on that in his speech.

The lack or inadequacy of consultation on the primary legislation with parties in the Assembly and the Executive has been mentioned. I do not want to go over that, but consultation on Assembly and local elections with the chief electoral officer of Northern Ireland is mentioned in the orders and the explanatory memorandum. I recently met the new chief electoral officer. He is a very impressive officer and I think he will do an excellent job, but it is clear that he sought, during consultations on both the primary legislation and the secondary legislation that we are debating, some changes to the way in which elections are carried out that were not proposed by the Northern Ireland Office.

I am thinking in particular about the removal of polling agents from Northern Ireland polling stations. The Minister is nodding his head, so perhaps he has held discussions on polling agents. This is an important matter. Commendably, we have a sophisticated and elaborate system to tackle identity fraud and the abuse of the electoral system. As has been said, people must now produce certain types of photographic identification or sign postal votes, and their signatures are carefully examined. Postal and proxy vote abuse has been considerably reduced from the large-scale abuse that took place in previous elections. Our system is a model for dealing with postal votes for the rest of the UK. If the rest of the UK wants to cut out the abuse of postal voting, people should look at the administration and regime in Northern Ireland. Clearly, our system is now without any kind of abuse at all.

However, why do we still need polling agents—representatives of political parties—sitting in polling stations in Northern Ireland? The NIO, which is still responsible for elections, should address that, because it is clear that one or two parties—I am thinking of one in particular—clearly abuse that for purposes not in keeping with the legislation. Information is taken out of polling stations, so that voters who have not voted can be identified and then, of course, visited. They will be asked, “Why have you not voted?” and told to get out to vote. In certain parts of the Province and in certain circumstances, people will feel intimidated by that, so polling agents are being used for nefarious purposes. I urge the NIO to take that seriously when it next gets a legislative opportunity.

Naomi Long Portrait Naomi Long
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Does the right hon. Gentleman agree that one difficulty is that when people are approached in those circumstances and they realise that the information has been garnered at the polling station, they fear that the fact of how they have voted is also available? People are often quite intimated by the notion that the ballot is less than fully secret.

Lord Dodds of Duncairn Portrait Mr Dodds
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The hon. Lady is absolutely right. We might sit in the comfort of this Chamber and know that the ballot is secret and that the information cannot get out, but for a lot of people, exactly the scenario that she has painted is what they believe to be the case. They believe that because information has been gathered on whether they have voted thus far, people will be able to find out how they have voted, and the people who call at their doors make no effort to disabuse them of that notion either. This is an important matter. Nowadays there is no reason at all for that provision to remain, if we really are going to ensure that we have fair and clean elections in Northern Ireland. As has been mentioned on a number of occasions, the ecology of the electoral system is different—and it is different: people are more easily intimidated by the way certain parties operate—so removing that provision would be a step towards improving the democratic process and making people less concerned about exercising their franchise.

The management of elections by the chief electoral officer and the issue of resources, which is an important point, have already been mentioned. In my discussions with the chief electoral officer, the point that he laid most emphasis on was resources. The matter of ballot boxes has also been raised, which is another issue that I know has been discussed. All sorts of imaginative suggestions have been canvassed, and I hope that it will be possible to find a sensible solution that minimises costs.

There is also the issue of polling stations. The Minister referred to the fact that polling stations in Northern Ireland were sometimes smaller than they are elsewhere. Again, I would urge him in his discussions with the Electoral Office for Northern Ireland to do what I have done, which is to urge the authorities to be a bit more imaginative when it comes to the buildings and premises that they use as polling stations. People are too fixated on the traditional buildings—“We’ve always used this building and we can’t depart from tradition”—whereas new premises have sprung up, and many people are used to doing things differently. Sometimes the electoral officers are far too hidebound by the past in managing this issue, so I would again urge the Minister in his discussions respectfully to ask the chief electoral officer to be much more flexible. There is a consultation under way—certainly in my constituency, and I am sure in those of other hon. Members—that is closing in December on the very issue of polling stations, so this is an opportune moment for the matter to be pursued.

Finally, so as to leave plenty of time for others who wish to contribute to this debate, let me say something about enforcement. The local elections order is fairly substantial, as the Minister said, as is the Assembly order. When I read through the detail of all the rules, what struck me was this: what happens when those rules, particularly those applying to the conduct of the election by candidates and parties, are breached? In my experience, it seems that we can prescribe all sorts of rules, from rules on the colour of ballot papers to rules on whether the X or the “1” should be marked in black pen or in pencil—we debated that in the primary legislation—or what would constitute a clear preference, all of which are matters of great detail. Indeed, the forms are set out in incredible detail in the legislation, so the issue is extremely important. Yet I have found that when matters are drawn to the attention of the authorities—the chief electoral officer and then the people responsible for prosecuting such matters—very little is ever done about breaches of the rules.

I want to refer to a matter that I raised during the debate on the primary legislation on the parliamentary voting system. One party in Northern Ireland—Sinn Fein—seems to be adept at producing detailed replicas of polling cards and other official material. On one side they appear to be authentic, but the other side has party political propaganda, some of it of a vicious nature, designed to persuade people that not only is Sinn Fein recommending voting a certain way, but that the electoral authorities are also doing so.

There were examples of that practice during the last Westminster election. One was in the constituency of the hon. Member for Foyle (Mark Durkan), and there was at least one in my constituency. There were also other illegal practices. The matter was drawn to the attention of the then chief electoral officer, who took the matter seriously, and it has been referred on to the authorities to consider what action should be taken. We know that there are serious consequences, and we will watch carefully, as will the electorate and the people of Northern Ireland, as well as the media, to see what happens about a clear and flagrant breach of electoral law.

I do not expect the Minister to respond in any shape or form on the specifics of a case, but I raise the matter because it concerns me that from time to time in Northern Ireland elections, whether local, Assembly or Westminster elections, all sorts of illegal practices go on. Vast amounts of money are spent, the election returns show that only a small amount was spent. Although everyone knows that tens of thousands of pounds have been spent but never declared. Such matters should be taken seriously.

It is all very well to pass legislation, regulations and rules. We debate them at length, and scrutinise them properly, but we must ensure that there is effective and proper enforcement, otherwise people will take the signal that at the next election they can push the boundaries even further and get away with far worse. That is insidious, and it needs to be stamped on. I am happy to lend my support and that of my right hon. and hon. Friends to the orders.

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Naomi Long Portrait Naomi Long (Belfast East) (Alliance)
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I support the orders. I would like briefly to raise a number of issues, some of which have already been touched on by other Members.

First, I express my disappointment that greater progress has not been made on the review of public administration in Northern Ireland, particularly as the local government elections were postponed to facilitate that process. It has become something of a political soap opera—not quite as long running as “Coronation Street” and certainly not as entertaining. It has not reached a satisfactory conclusion as yet, and there seems to be little prospect that it will—despite the fact that it has cost a lot of money. Most people would have liked to have seen this issue brought to a more satisfactory conclusion.

Given that the last local government elections were held almost six years ago there is a democratic deficit, so it is important to give people the opportunity to refresh their mandate in local government. It is disappointing that this is being done in the absence of reform.

I noted what the right hon. Member for Wythenshawe and Sale East (Paul Goggins) said about the possibility of bringing the elections forward, but I concur with the right hon. Member for Belfast North (Mr Dodds) as I do not believe that further tampering with the electoral cycle is the best way of dealing with the issue. I agree that there is an urgency about taking the review of public administration forward in Northern Ireland. However, local government has demonstrated in the past its ability to co-operate even under its current structures—through arc21, for example, which deals with a number of councils’ waste. At the very least, we should expect enhanced co-operation so that some savings can be made without having to tamper with the cycle further.

I seek the Minister’s reassurance about photographic identification. In May, Westminster elections and council by-elections were held on the same day in my constituency. People turned up to vote, only to find that their photographic ID was admissible for one election but not for the other. This caused extreme distress, particularly for older people, who were relying on transport passes to get the correct photographic ID. They were not able to vote in both elections, as they had expected. I hope that the arrangements involving identification documents can be simplified so that when people turn up at polling stations, they are fully confident that they will be able to cast their votes.

I hope that the Minister will reflect on another issue, although I do not expect a full answer from him this evening. Given that the qualification to vote is established when the electoral register is compiled, which means that people who are on the register and duly marked down for an election have the right to vote in it, the purpose of ID is simply to establish exactly who they are. However, there remains a restriction for foreign nationals who have a right to vote in elections, but no right to use their passports from their home nations as a means of identification. They experience significant difficulties when they try to vote in elections in which they are entitled to vote, but cannot obtain valid identification documents. Given that the purpose of the documents is simply to prove that individuals are the individuals listed in the register, I think that the matter should be dealt with to ensure full participation in the community by those who wish to vote.

Along with other Members, I have already raised concerns about the holding of three elections on the same day next May. The Minister made quite a brave statement when he said that his neck would be on the line if the logistical issues were not handled well. It remains to be seen whether people will want to hold him to that commitment, but I have to say that this is not just about the logistical issues, although they are hugely important. Of course we want the Electoral Commission to be properly resourced to ensure that the elections can be discharged fairly, but we should also consider the democratic deficit that may result from the holding of elections at the same time.

There is always a risk that the Assembly elections and the issues connected with them—I think that it usually happens this way round—will obscure important debates about local governance in relation to local government elections. We need to consider how much media coverage is given to the local government debate, which has a direct impact on people’s lives but tends to be less glamorous—for want of a better word—than the issues dealt with in the Assembly. However, there is a chance that both issues could be overshadowed by the national campaign on the referendum. In Northern Ireland particularly, for obvious reasons, people might focus on the Assembly election, given its importance, rather than on the impact of electoral reform and local government.

A number of Members have said that we could surely cope with these complex elections, and it is true that ours is a very sophisticated electorate. There was a period during which we had an election, if not two, almost every year. People have become accustomed to voting and to how to cast their votes. The electorate are sophisticated in terms of being able to manage the electoral process, and, as others have pointed out, we have had two elections on the same day before. Nevertheless, the additional complication caused by a third election on a very different issue causes me some concern.

I believe that the combination of the local government and Assembly elections, while not ideal, may be manageable. I seek the Minister’s reassurance that he will do all in his power to ensure that people are fully informed about the issues on which they are voting and the consequences of their votes, particularly with respect to the referendum and the two elections that will take place on the same day, and to ensure that the Electoral Commission is properly funded in order to be able to notify people.

Lord Dodds of Duncairn Portrait Mr Dodds
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The Electoral Office for Northern Ireland, or perhaps the Electoral Commission, has a responsibility to urge people to vote much earlier in the day. We have already experienced problems with queuing, and given that there will be separate ballot boxes, the process will take much longer on this occasion. It is therefore vital for a press and media campaign to be organised officially at an early stage. People must be told, “Do not do what you normally do and wait until the last minute, or after teatime; get out and vote earlier.” That would be a very profitable campaign on the part of the commission.

Naomi Long Portrait Naomi Long
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I entirely agree. I think it hugely important for people to be encouraged to cast their votes at the earliest opportunity. When people have turned up with the wrong documentation, it has been useful for them to be able to revisit the polling station if necessary. However, it would be beneficial generally if we could prevent what tends to be a post-teatime rush, with queues forming late in the day. I hope that that can be impressed on the Electoral Commission, and that the commission can be properly resourced so that its campaign is foremost in people’s minds. People have become accustomed to voting at times of the day that are convenient for them. On this occasion, there will be three different elections with three different ballot papers, and it is important that people recognise how much time will be consumed in filling them in.

I seek the Minister’s reassurance particularly in respect of photo-ID and ensuring that people are properly informed about the nature of the elections taking place on the day.

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Lord Swire Portrait Mr Swire
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I do not think that I am breaking any confidences by saying that I have discussed this matter with the chief electoral officer and his predecessor. I can only say that I am more than happy to discuss it with the right hon. Gentleman. I have considerable interest in this and considerable sympathy with where he is coming from. He also raised the issue of political donations. As he will know, the consultation on the provision for donations to political parties in Northern Ireland to be made confidentially concluded on 25 October, and we are considering how best to take that forward.

The right hon. Member for Wythenshawe and Sale East spoke, as usual, intelligently and with tremendous knowledge. I know that he shares my frustration that things have not moved along as much as we would have liked on local government reorganisation. He asked whether there are signs of progress, and one hears from time to time various rumblings coming from the hill. The answer is that we must not relax on this matter and we must keep up the pressure, and he was right about that. I shall return to that in a moment, if I may. He also spoke about the combined elections in 2015 and he will not be surprised to hear that no decision has yet been taken—we are trying to get through next year first. I would prefer to await the outcome of the combined polls in 2011 before taking a decision on whether it is desirable to combine elections in 2015 or whether a provision should be made for their separation.

I was asked what the Government are planning to do about the coincidence of elections in 2015. I am writing to all Northern Ireland parties setting out our proposed approach and requesting their views. It should be remembered—we have been discussing this recently in terms of other legislation—that the Secretary of State already has a power to alter the Assembly election date by two months. We will see whether we need to do that at that time.

The right hon. Member for Lagan Valley (Mr Donaldson) talked about outdated boundaries. We would very much hope that the Executive have agreed new boundaries to ensure that they are updated well in advance of 2015, but in any case, I am proposing to write to the Minister for the Environment to take forward such a review immediately after the 2011 elections. I believe I am right in saying that the current boundaries are 19 years old, which is not at all acceptable, so clearly this is something that they need to get on with, regardless of local government reorganisation.

The right hon. Member for Wythenshawe and Sale East asked whether we would bring forward elections. We have received no such request and we would need to consider such a proposal carefully, as we would want to ensure that the transition to new councils and the new set-up was in its final stages. We do not want to chop and change dates without good reason. He would probably support that approach, given that he said that it was with extreme reluctance that he postponed the date of the original election; I believe he said that he did not do that lightly. Nor should we tamper with this. We will have elections in May, but we need to keep up the pressure.

The hon. Member for Belfast East (Naomi Long) raised some interesting points about ID, which I had raised with officials today. It is true to say that this order ensures that requirements at all elections are now consistent in Northern Ireland. I am told that people will be able to use the Translink smartpass, provisional driving licence and other smartcards. She also asked about foreigners and foreign ID. It is true that someone can now use an EU driving licence or an EU passport to vote in Assembly and local elections.

Naomi Long Portrait Naomi Long
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One example that we had a problem with was non-EU documentation, such as that from Commonwealth countries. For example, people who are resident ordinarily in Northern Ireland and have Canadian or Indian passports cannot use them as a document to vote, even though they are entitled to vote in that election.

Lord Swire Portrait Mr Swire
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The hon. Lady raises a good point. We should make it perfectly clear well in advance of the elections what photo ID will be acceptable. There could be nothing more frustrating than queuing to take part in three elections, arriving almost as the clock is striking 10 o’clock, only to be told that one has the wrong form of ID. That is something we should consider and, again, we need to be properly prepared. We would not want people in any great numbers—or, indeed, any individual—to feel that they had been disfranchised because they were not aware that their ID, which they thought was quite proper and which could be used on airlines and so on, was not appropriate for an election. We heard loud and clear what the hon. Lady had to say.

The hon. Lady also asked about the Assembly election dominating debate, leading to local issues being ignored. It is worth pointing out that, as the right hon. Member for Belfast North mentioned, local elections were held successfully alongside Westminster elections in Northern Ireland in both 2001 and 2005. The hon. Lady said that Northern Ireland has a sophisticated voting population, and it is up to the individual candidates to set fire in the minds and hearts of their potential electorate—[Interruption.] Not literally, but in terms of trying to get interest in the election. I think the hon. Lady is probably wrong on this point because having three elections, albeit two voting one way and another being a straight yes or no, will mean that people will talk about the elections much more. I would not be at all surprised if we had a very good turnout. I do not think that one issue should eclipse the other—I think that we are going to have a very political new year.

The right hon. Member for Lagan Valley mentioned ward boundaries. Again, that is a matter for his colleague the Environment Minister in the Executive, but, as we have said, we cannot go on working on boundaries that are nearly 19 years out of date. He also asked a specific question about the electoral night, and I am looking forward to the morning after, which I hope will be one without too much trouble. I am told by the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), that the Electoral Commission’s recommendation is that the Assembly election should be first, the referendum second and the local government election third, on the Monday. I believe that that has already been published.

It has been an interesting debate, but not a controversial one. The legislation is necessary to tidy up some anomalies. The contributions made by right hon. and hon. Members of all parties will be listened to by the Electoral Commission and the chief electoral officer. Let us hope that we have a good day next year.

Question put.

The Deputy Speaker’s opinion as to the decision of the Question being challenged, the Division was deferred until Wednesday 24 November (Standing Order No. 41A).

Northern Ireland

Motion made, and Question put,

That the draft Northern Ireland Assembly (Elections) (Amendment) Order 2010, which was laid before this House on 25 October, be approved.—(Mr Swire.)

The Deputy Speaker’s opinion as to the decision of the Question being challenged, the Division was deferred until Wednesday 24 November (Standing Order No. 41A).