Constitutional Law

Debate between Nia Griffith and Owen Smith

Tuesday 30th November 2010 Commons Chamber

[Owen Smith (Pontypridd) (Lab)]

It is a pleasure to follow the Minister. As he said, the order is largely uncontroversial. The principal amendments are to article 39 of the National Assembly for Wales (Representation of the People) Order 2007, which stipulates that the office for an election agent for a regional election should be within that region; articles 114 and 133, which relate to the Legal Services Act 2007; and schedule 10, which relates to the format of the ballot papers for the constituency and regional lists. We are content that the amendments in articles 6 and 7 of the draft order, which expand the description of bodies regulating the legal profession that must be considered by election courts and describe the duties of the Director of Public Prosecutions therein, are entirely reasonable and appropriate, and we will be supporting them. We are also satisfied that the changes to schedule 10 described in article 10 of the amending order, which relate to the nature of the ballot papers, are also rational and evidence-based changes, based on consultation with all parties and the Electoral Commission. We will be supporting those, too.

We welcome, too, the change proposed in article 5 of the draft order, which amends article 39(2)(b) of the 2007 order and which, in keeping with suggestions made by the parties, the National Assembly and the Electoral Commission, allows election agents for the regional elections to have their offices anywhere in Wales, not solely within that region. That, too, is a sensible and practical change that reflects the realities of how political parties organise themselves for elections, with both regional and constituency bases. In fact, the changes to the constitutional law described in the draft order are all reasonable and sensible amendments. They have all been drafted after respectful consultation with the devolved Administration and are free of party political taint. As such, they stand in sharp contrast to all the other constitutional legislation that we have been debating in this House in recent weeks.

[Nia Griffith (Llanelli) (Lab)]

My hon. Friend talks about consultation. Does he know whether any research has been undertaken on the propensity of voters to go for the top name on the list? If so, does he know whether any thought been given to the fact that, with party names rather than individuals’ names appearing on the list, there will perhaps always be a tendency for a certain party to be at the top?

[Owen Smith]

I do not know whether there has been any research on that. I confess that I suspect that there has been none, and I doubt whether many of the provisions in either this order or, more importantly, the Parliamentary Voting System and Constituencies Bill have been adequately tested, as it has been rammed through with such unseemly haste.

As the Minister said, several of the reasonable amendments in the draft order are predicated on recommendations made by the Electoral Commission for Wales in its report on the conduct of the elections to the National Assembly in 2007—an election that was described in the commission’s document as having been

“alright on the night, but…by the skin of our teeth”.

The commission continued:

“The management of elections in Wales, with significant levels of postal voting, is a substantial exercise requiring strategic investment…project planning and risk management”.

There are lessons that we need to learn, and we need to ensure that the authorities in Wales—the Welsh Assembly Government and, I would suggest, Ministers—have learned those lessons.