Constitutional Law

John Bercow Excerpts

Tuesday 30th November 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for Wales (Mr David Jones)]

I beg to move,

That the draft National Assembly for Wales (Representation of the People) (Amendment) Order 2010, which was laid before this House on 25 October, be approved.

This draft order amends the National Assembly for Wales (Representation of the People) Order 2007, which makes provision for the conduct of elections to the National Assembly for Wales—[Interruption.]

[Mr Speaker]

Order. May I gently interrupt the Minister? This matter is of very great interest to Members representing Welsh constituencies, so I appeal to the House to come to order. If Members do not wish to listen to the debate, they are of course welcome to continue their conversations elsewhere, but I am keen to attend upon every word of the Minister.

[Mr Jones]

Thank you, Mr Speaker. The order makes provision for the conduct of elections to the National Assembly for Wales and was made under powers in the Government of Wales Act 1998 and the Government of Wales of Act 2006. The draft order makes a number of modest policy and technical changes to the 2007 order, which comprehensively reflected changes made to electoral law since the previous order in 2003, in particular by the Electoral Administration Act 2006. The 2007 order runs to 273 pages, and I am sure that you will be relieved, Mr Speaker, to hear that I do not intend to speak in any great detail about its contents. I will, however, outline the main changes that would be made to it by the amending order before us.

Article 3 amends the definitions of “Assembly constituency”, “Assembly electoral region” and “elector” in the 2007 order to ensure that they are consistent with the Government of Wales Act 2006. The relevant provisions in that Act did not commence until after the 2007 order was made. The definition of “elector” also reflects changes to the Representation of the People Act 1983 made by the Electoral Administration Act, and this includes references to anonymous voters.

Article 4 amends the 2007 order in relation to registration appeals. Where decisions on appeals about entries in the register in respect of postal votes are determined before the election, these decisions will take effect and the register altered. The article also clarifies the relevant provisions under which an appeal can be made and a notice of alteration issued.

Article 5 makes an important change to the 2007 order. Currently, the election agent for a candidate in an Assembly regional election must have an office in that region. A number of political parties raised concerns about this requirement during the 2007 elections, because a party might wish to appoint only one election agent to represent all its regional candidates in an Assembly election. The previous provision, which required the election agent to have an office in the region, prevented it from doing so. Following a recommendation by the Electoral Commission, made after the 2007 Assembly election, this requirement is to be relaxed so that an agent’s office must be located within Wales, but not in every region of Wales.

Articles 6 and 7 make minor changes to the 2007 order to reflect changes made by the Legal Services Act 2007. Article 6 expands the definition of bodies capable of exercising regulatory functions over the legal profession. If a legal professional is found guilty of a corrupt practice during an election campaign, an election court must inform these bodies. Article 7 amends the relevant part of the 2007 order which requires the Director of Public Prosecutions to attend election courts, expanding the definition of whom the DPP may send as a representative. Articles 8 and 9 amend references in schedules 1 and 3 to the 2007 order respectively which we subsequently found to be incorrect.

Article 10 makes the most substantive change to the 2007 order by changing the design of the constituency and regional ballot papers. In October 2009, the Electoral Commission published its guidance on designing voter materials—it was called “Making Your Mark”—having consulted political parties, electoral administrators and disability awareness groups. This guidance highlights best practice when designing voter materials such as ballot papers to ensure that they are as accessible and intelligible as possible for voters. It is clearly in the interests of democracy that every eligible elector is able to participate in elections, and that the voting process is as clear and simple as it can be. In designing the new ballot papers, we have worked closely with the Electoral Commission to ensure that we adhere to both the spirit and the letter of the guidance.

Apart from the design, the key change is the removal of the names of those on the party list from the regional ballot paper, as is also the case in Scotland. Hon. Members will know that the Parliamentary Voting System and Constituencies Bill, which is currently before the other place, provides for the referendum on the alternative vote system for electing Members to this House to be combined with the elections to the National Assembly on 5 May next year. The provisions within this draft order are not affected by the combination provisions.

The Government and the Welsh Assembly Government are committed to working together to ensure that the polls next May are a success. Jenny Watson, the chair of the Electoral Commission and the chief counting officer for the alternative vote referendum, who will have the lead role in the combined polls, said earlier this month that the commission believed that

“enough progress has been made...to allow the National Assembly elections and referendum on 5 May to run smoothly”.

In preparing the order, the Wales Office worked closely with electoral administrators, including the regional returning officer for Wales, the Electoral Commission, the Welsh Assembly Government and the four major political parties in Wales. The provisions of the order are modest but necessary for the efficient running of next year’s Assembly elections, and I commend it to the House.