Recall of MPs Bill

Debate between Thomas Docherty and Chris Bryant

Monday 27th October 2014 Commons Chamber

[Thomas Docherty]

To be fair, the Prime Minister could not follow the right hon. Gentleman’s logic when he was a member of the shadow Cabinet.

To reiterate the Opposition’s position, recall must be based on a measure of wrongdoing. It cannot happen just because a group of constituents, or a well funded vested interest group, seek to remove a Member of Parliament because they disagree with them.

[Chris Bryant]

My hon. Friend is trying to grasp a complicated matter. The Bill of Rights makes it absolutely clear that no proceeding in Parliament should be questioned or impeached by any court of law or any other place. Unless we change the Bill of Rights, it seems difficult to allow a court or another body outside Parliament to judge what a Member may or may not have done in the proceeding in Parliament. Does my hon. Friend’s proposed Standards Committee, which he wants to make more independent, meet that same rule?

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Thomas Docherty and Chris Bryant

Monday 9th September 2013 Commons Chamber

[Chris Bryant]

It is not a question of the advantage that they would gain; it is a question of the disadvantage of being on the voluntary register. If the Government are to introduce one mandatory register, saying that it is all that is required by public society, of course such organisations will make that decision.

[Thomas Docherty]

The Deputy Leader of the House has just given a figure of 350. I suspect that the Government plucked that figure from Australia and Canada and bunged it into the impact assessment, and that it is not based on any knowledge of the United Kingdom industry.

[Chris Bryant]

My hon. Friend is right. It is clear from clause 2—the amendments that we are considering relate partly to clause 2 and to paragraph 3 of schedule 1 —that any organisation whose main purpose is not lobbying, such as a legal firm, an accountancy firm of a broadcaster, will not be required to register at all. The hon. and learned Member for Torridge and West Devon made a very good point when he said that the industry had changed in the last 10 years. Many Government relations companies that used to stand alone have been brought into wider companies that deal with public relations and communications of a much more general sort. Those organisations will not be required to register. Moreover, the words

“in the course of a business”

in clause 2 make it pretty clear that a large number of businesses will be able to opt out of the provision entirely.

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[Chris Bryant]

My hon. Friend is absolutely right. It does not have to stop there. The lobbyist can carry on, as paragraph 3 of schedule 1 states:

“A person does not carry on the business of consultant lobbying if…the person…carries on a business which is mainly a non-lobbying business”.

They can opt out in hundreds of different ways.

[Thomas Docherty]

I am listening carefully to my hon. Friend. Is he aware that Lord Black not only uses his position directly but awards a parliamentary pass to a senior lobbyist of the Telegraph Media Group, who can then wander freely through the corridors of Parliament lobbying MPs and peers?

Parliamentary Lobbying

Debate between Thomas Docherty and Chris Bryant

Wednesday 2nd November 2011 Westminster Hall

[Chris Bryant]

My hon. Friend misunderstands me, I suspect. I do not seek to muddy reform; I want reform. I want a register, and I will suggest a couple of other things as well, but I think that we must be absolutely honest, and part of that involves honesty about the important role that good lobbying can play in the political process, particularly for Opposition Members. Ministers have a host of civil servants who can produce briefings and so on; Opposition Members simply do not have access to that much support. Often it is provided by organisations. If at any point a Member succumbs so completely to the blandishments of some organisation that they effectively become its subsidiary, they stop being a good parliamentary Member and constituency representative. That is the line that I want to draw.

We should also bear in mind that lobbying is a British tradition. It is because there was a lobby outside St Stephen’s chapel that the whole system arose. I remember clearly that when Paris lost its bid for the 2012 Olympics, Delanoë complained that the British had engaged in lobbying. I saw all too often in Brussels that although Britain was good at advocating its case, other countries were not, because they simply did not understand how to go about it properly.

Some industries are particularly lobbyacious—and, Hansard reporters, that is a word, because I have created it. Broadcasting is particularly lobbyacious, because so many elements of its work are determined by legislation. We must take special care to ensure a level playing field for everybody.

There are enormous problems, many of which have been referred to, including corrupt lobbying: offers of financial inducements, nice holidays, easy trips and so on. Some methods are directly corrupt and illegal, and the House should deal ferociously with Members who abuse in that direction. Sometimes Members would be best advised not to go to the meal or engage. The rules applying to this House are much stronger than those that apply to the other House. If one wanted to engage in dodgy lobbying, one would be far better advised to do so through the House of Lords—the House of patronage—rather than through the House of Commons. That is another reason why I support reforming the House of Lords to make it an elected second Chamber.

Another way in which it is probably much easier to do a dodgy deal is with civil servants rather than elected Members. There is far less openness; often even the names of people who make important decisions on tenders are not known to the public. Some countries have purposely selected individual Members of both Houses as being more pliable and biddable than others, and have enabled long-term relationships with them. Those relationships need close scrutiny.

What counts as a lobbyist is also a problem. I do not mean to say that we should not have a register; it is one reason why we should. The Prime Minister was a lobbyist before he came into Parliament, and most journalists advocate most of the time in one way or another, especially those with opinion columns. When my constituents set up an organisation to oppose the closure of the Treherbert baths or protect the minor injuries unit at Llwynypia, they are lobbyists. My hon. Friend the Member for Bassetlaw is absolutely right. If their space to lobby me were crowded out, I would be failing utterly in my job. Every single diplomat who works for the Foreign Office is also, in essence, a lobbyist. I often feel that they are sent abroad to eat for their country. It is important to recognise the advocacy role of what we do.

The first key thing is that there should be no paid advocacy. That is a rule of this House, but it is more honoured in the breach than in the observance. We need absolute transparency about funding and who is engaged in lobbying, and particularly about who meets any Minister or civil servant engaged in making key decisions.

[Thomas Docherty]

On the point about influence, does my hon. Friend think that that should apply to Select Committee Chairmen, who have a lot of influence over policy?

[Chris Bryant]

That is a good point. Members of Select Committees that publish influential reports are often targeted by lobbying organisations. It would be no bad thing if each Select Committee had an open register of lobbying meetings held.

Passes to this place are a problem. When I worked in Brussels, getting a pass to enter the European Parliament on legitimate business was a simple, straightforward and open process. Here, it is clandestine. Lots of people end up finding an hon. Member who is prepared to give them one of their three passes. We should have a complete review of the system. Of course we must ensure security in this building, but everybody should have equal access. I would prefer to open the doors than keep them closed so that only some people have enhanced access. Nobody should have enhanced access due to big bucks or cronyism. That last element is difficult to control. I look forward to legislation introducing a register soon. I am not naive about the difficulties of determining what a lobbyist is, but it is essential that we clean up the industry.

Fixed-term Parliaments Bill

Debate between Thomas Docherty and Chris Bryant

Tuesday 18th January 2011 Commons Chamber

[Thomas Docherty]

Does my hon. Friend agree with my assessment of the Parliament Act that the purpose of stipulating that parliamentary terms cannot be lengthened was to ensure a democratic check against the powers of the Prime Minister? Would not the hon. Member for North East Somerset’s new clause, regrettably, act as a check against democracy by stopping the right of the democratic House to shorten the length of a term? That is not the spirit in which the Parliament Act was intended.

[Chris Bryant]

Yes, although as the hon. Member for North East Somerset said at the very beginning of his speech, all this will become rather unnecessary once we have legislated for an elected, whether fully or substantially, second Chamber. At that point, elements of the Parliament Act, or even the whole Act, will almost certainly have to be reshaped.

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[Thomas Docherty]

My hon. Friend is articulating a coherent case. Does he agree that if we have a new electoral system, the odds of having a hung Parliament will increase greatly and that if this Parliament did not have an opportunity to re-form a Government, that would be expressly against the wishes of the people, who had clearly voted for a hung Parliament?

[Chris Bryant]

I detect a bit of a difference of view between my hon. Friend and myself here. I hate to say this, but I am rather more with the Deputy Leader of the House on this issue. My hon. Friend is right in saying that if a proportional system were introduced, a succession of hung Parliaments would be more likely. Consensus would rule the day and coalition Governments would be formed on a fairly regular basis. That is not absolutely certain, as it has not happened in some countries that have proportional representation. However, the alternative vote, which I shall be voting for—[Interruption.] My hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) shouts out, “Shame”, but it expressly points out in “Erskine May” that shouting “Shame” is unparliamentary. I would not want to excoriate him on that basis. I am not quite sure on which page it says that, but I am sure he will find it, if he looks for it. [Interruption.]

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[Chris Bryant]

The hon. Gentleman has predicted almost exactly what I was about to say. The 40th Canadian Parliament, which was elected on 14 October 2008 and opened on 18 November, was prorogued by the Governor-General almost immediately, on 4 December, at the specific request of the then Prime Minister, Stephen Harper. I do not think that there is a deliberate coincidence between his surname and that of the Parliamentary Secretary, Cabinet Office.

Mr Harper expected a motion of no confidence in his Government, and a coalition agreement was established between the various parties with the support of the Bloc Québécois. As the hon. Gentleman says, that Prorogation was quite substantial, and a second Prorogation at the end of 2009 lasted for more than two months. Many complained that it too had been arranged expressly to avoid a political inconvenience. At the time, a big row was taking place about the detention of Afghans by Canadian forces.

As the hon. Gentleman suggests, there is a real danger that Prorogation could be used in a rather more assertive and political fashion. Governments in this country have tended not to use it in such a way, partly because it means losing the business on which they have embarked and having to start it all over again. That will probably continue, but given that Select Committee reports—including reports from the Standards and Privileges Committee—also fall in such circumstances, I can easily imagine that a Government might choose to prorogue a month earlier than usual, perhaps very early in a Parliament, in order to avoid a political necessity. Interestingly, the ostensible reason given by the Canadians was the prospect of the winter Olympics in Canada. They said it was imperative that the Canadian Government should be able to get on with its business, and that Parliament should not be able to meet during the Olympics.

I think it is right for the power to cease to be wholly in the hands of the Crown, and to be in the hands of the House. I also think that we should start to clarify the knitting pattern, as it were, of this part of the constitution as it currently exists. The laws governing Prorogation hang on a series of Acts of Parliament: the Prorogation Act 1867, the Meeting of Parliament Acts 1694, 1797, 1799 and 1870, and the Parliament (Elections and Meeting) Act 1943. The thrust of all those Acts is that the monarch is entirely able to prorogue Parliament, to decide when it will next meet, and to continue to prorogue with only the safeguards of the measures that I mentioned earlier in the context of the Bill of Rights.

There is a considerable lack of clarity in regard to the process in the run-up to a general election. We know when the next general election will be, at least according to the Bill, although we still hope that their lordships may enforce their will and ensure that it takes place in 2014 rather than 2015. Indeed, I hope that a significant number of Conservatives will support the 2014 date, if only to shrug off the embrace of the Liberal Democrats. However, given that we know when the next general election is expected to be, it surely makes sense for us to rationalise the process of Prorogation.

Up to 1974, there were only two 20th-century general elections in which a Dissolution was not preceded by a Prorogation: the elections of 22 August 1922 and 31 July 1964. As I am sure Members have already spotted, both those elections took place in the summer months, during long recesses when the House stood adjourned. Adjournment, of course, follows a decision by the House, not the Government. There followed a period during which the Government decided to abandon Prorogation. There were adjournments in the summer of 1974, in 1979, in 1983 and in 1987, with no Prorogation.

By 1987, the assumption seemed to have become that the House would do without Prorogation at the end of a Parliament and before Dissolution, partly because the Royal Assent Act 1967 had allowed Royal Assent to be granted by notification rather than necessarily by Prorogation. There was, and still is, no specific need at Prorogation for Royal Assent to Acts that had not yet been referred to. In fact, in 1987 there was something of a row in the House. Mr Speaker Weatherill said that he thought it inappropriate for us to abandon Prorogation. It may be apposite to discuss that occasion this evening, given that so many Members have left the Chamber to go to a drinks party in Downing street. Incidentally, is the sun already past the yardarm? It is not yet 6 pm, and Conservatives are already drinking in Downing street. Tradition has gone by the board.

[Thomas Docherty]

I am sure that the fact that the Conservatives have had to resort to drink has nothing to do with last Thursday’s result in the Oldham by-election.

[Chris Bryant]

I do not think they are very happy. I also think that the Prime Minister may have needed to gather his troops as a result of last week’s result.

On that occasion in 1987, the Speaker and several Members, including Mr Faulds, expressed the view that one of the traditions that had developed over the years was that once a Parliament had been prorogued, Members had an opportunity to make final speeches, and the Speaker had an opportunity to bid farewell to those who would not be standing in the subsequent election. I believe that 86 were not standing again in 1987. Mr Speaker Weatherill said that he thought it was wrong for there to be no Prorogation before Dissolution, and several Members agreed. My hon. Friend the Member for Bolsover (Mr Skinner) was the only one who believed that it would be good to get rid of Prorogations, because the whole business of Lords Commissioners doffing their caps in the House of Lords struck him as a ludicrous ceremony that should be abolished. A fair number of Members probably think that the quaintness of that moment should not simply be chucked away for the sake of it. My point is, however, that the decision on whether Prorogation should take place ought to lie in the hands of the House rather than in those of Government. I also think it is important for it to be known at that point exactly when the first sitting of the new Parliament will be.

As a result, I suspect, of Mr Speaker Weatherill’s views, Dissolution was again preceded by Prorogation in 1992, 1997, 2005 and 2010. However, in 2001 Parliament was dissolved without being prorogued, and was simply adjourned on 11 May 2001. Adjournment was, of course, a decision of the House, not the Government.

Fixed-term Parliaments Bill

Debate between Thomas Docherty and Chris Bryant

Wednesday 24th November 2010 Commons Chamber

[Thomas Docherty]

It might help the House to know that the Scottish Parliament has very specific rules about what counts as a motion of no confidence in the Government. For example, failing to get a Budget through does not count, as we saw just two years ago when the Scottish National party Government could not get their Budget through on the first attempt.

[Chris Bryant]

I think my hon. Friend normally thinks of himself as a Thomas, rather than a Tommy, Mr Amess. He is similar to Tommy McAvoy, but not quite the same. I think he will take that as a compliment, but I am not entirely sure. He will doubtless tell me later. He is absolutely right about the Scottish Parliament.

The whole thrust of my argument is that, in the past, the House has for the most part proceeded on the basis of gentleman’s agreements and of conventions that are not written down anywhere, and on the basis that “Erskine May” is a more important bible than statute law in relation to these matters. However, we are now fixing the length of our Parliaments and moving towards determining many other elements of our constitutional settlement in statute law, and it is vital that we should be clear about what we mean by a motion of no confidence.

I fully accept that other Members might want to include certain other categories. The one other aspect that might be considered always to be a motion of no confidence—so it should perhaps be included—is the acceptance of an amendment to the Loyal Address after a general election. The Bill does not provide for circumstances in which a new Government are formed by a motion of confidence, although that happens elsewhere—in the Scottish Parliament and the Welsh Assembly, for example, where the First Ministers are appointed by a vote.

[Thomas Docherty]

For further clarification, it is not only the First Minister but each of the Ministers that he or she subsequently appoints who require a formal vote in the Scottish Parliament. Some hon. and right hon. Gentlemen might find that to be a useful mechanism.

[Chris Bryant]

You would rule me out of order, Mr Amess, if I debated whether there should be confirmation hearings for all Ministers and related matters. I understand why some might say that my amendment could be improved upon by including a third category of no confidence motion—one relating to the tabling of an amendment to the Loyal Address at the beginning of a new Parliament. To those who think that way, I say that it would be better to carry the amendment today so that we improve the legislation and then move further forward to suggest amendments to amplify that provision on Report.

With that, I conclude. I shall want to press amendment 25. If you took the view that we could divide on that amendment later, Mr Amess, I would be grateful.

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[Thomas Docherty]

I thank my hon. Friend for that remark and I congratulate him, as well as the hon. Member for Epping Forest (Mrs Laing), on the work of the Select Committee. My hon. Friend is entirely correct. As the Bill stands, it gives the Prime Minister and the Chief Whip vast power. It is the responsibility of Parliament to be a check on the Executive branch. I seem to be filling the Chamber, so this is of some interest. Members on both sides of the House have consistently made the argument that we have a duty to hold the Executive to account.

I am, as I said, a massive fan of the Speaker, although I accept that I do not have much with which to compare his activities. There is a serious danger that if the Bill continues its passage without suitable alteration, we are placing our Speaker and subsequent Speakers in an extremely difficult position. I counsel the Committee to think carefully when we come to vote.

[Chris Bryant]

In relation to that, may I put to my hon. Friend the point that I tried to put to the Minister earlier, but which he was not able to answer? Under the provisions of the clause, if the House had carried a motion calling for an early general election by a majority of 10 or 20 votes but not by the required super-majority, would the Speaker be able to determine that that was a motion of confidence, or would the Prime Minister be able to declare that it was a matter of confidence or no confidence in his Government, thereby qualifying under the second category and in effect, therefore, manufacturing an early general election?

[Thomas Docherty]

As ever, my hon. Friend succinctly hits the nail on the head. The Bill is a mess because the Government did not take full advantage of the opportunity for pre-legislative scrutiny.

Parliamentary Voting System and Constituencies Bill

Debate between Thomas Docherty and Chris Bryant

Wednesday 20th October 2010 Commons Chamber

[Chris Bryant]

The hon. Gentleman makes an important point about the due process that needs to be gone through. I believe that we need a due process in relation to the Boundary Commission, because it might proceed incorrectly according to the rules that are laid down for it, it might proceed in a partisan manner or it might not consider all the factors that need to be considered. That is why we have heretofore always had a system of public inquiry, and not just written reports being sent in. That is essential for there to be utter confidence in the process that the commission goes through. He is absolutely right that there is also, sometimes, a process of judicial review. I suspect that if the Government push through the Bill in the partisan way that they are doing, without any provision for public inquiry, the likelihood of a judicial review being sought in many constituencies in the land will be very high indeed.

The hon. Gentleman might say that that is a good reason why the Minister needs even more power to draw constituency boundaries as he thinks fit. Unless the Government can be shifted from this view—whether that happens in this House or in the other House—we shall almost inexorably end up with no due process, other than the recourse that people might have to the courts.

The Minister will probably tell us that the Government need this power because apostrophes and commas are sometimes put in the wrong place and there are inadvertent errors. That is why the amendment, which was tabled by several members of the Political and Constitutional Reform Committee, is perfect: it simply says that the Minister, if he or she wishes to make any modification, must return to the Boundary Commission and ask, “Are you okay with this amendment?” If Ministers were in a conciliatory, cross-party mood, they would accept the amendment.

I fully understand that the precise wording they propose is that of the current legislation. That is fine when due process can go on after the boundary commissions have done their work—for example, public inquiries, where the public can have their say on the boundary commissions’ proposals. Where that does not happen—that is the intention of the Bill, although it is something that we shall return to later—it is important that there is a bind on Ministers, so that they are not entirely free to dream up any kind of modification that they might want; otherwise, strictly speaking in law, I guess that Ministers would be perfectly at liberty, if they felt that the boundary commission had got something slightly wrong and representations were made to Ministers, to make such modifications as they thought fit.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I do not know whether my hon. Friend is familiar with the situation in the United States, where there is no boundary commission and state legislators draw up in a partisan, political way each state’s congressional districts. Does he agree that we are starting down a slippery slope and that we will end up with a partisan political set of redistricting—to use the American phrase—if the boundary commission’s authority is not protected?

[Chris Bryant]

That will happen not just if we do not have the boundary commission’s public inquiry process, but if this element of the Bill remains without the amendment. My hon. Friend is absolutely right. In the United States of America, because there is a redrawing each time, there are many instances where the incumbents effectively draw boundaries to protect themselves. Therefore, two Hispanic communities that might be thought to vote Democrat could be linked, because boundaries must be contiguous, by a single side of a road, thus creating bizarrely shaped constituencies. That is why, as I am sure hon. Members know, one of the congressional districts in Massachusetts that was drawn up by Governor Elbridge Gerry in the 19th century was shaped like a salamander—hence the term “gerrymander”. In fact, it looked more like an eagle than a salamander.

This provision, as constructed in the Bill, will specifically allow Ministers to gerrymander. It is entirely partisan. It will allow Ministers—indeed, it encourages them—to be partisan. [Interruption.] The Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper), says from a sedentary position what I have already said. He says, “We aren’t changing anything.” He says, as I have said, that the provision is in the existing legislation—it is—but if he would just listen to the end of the paragraph, he would understand and learn that, in fact, the difference between the legislation that he is advancing and the existing legislation is that he will allow no due process. There will be no public inquiries. Consequently, I do not think that the electorate will have confidence in the way the commission draws up boundaries and, thereafter, in the way that Ministers are allowed by their legislation to make such modifications as they see fit.

The Minister may be able to satisfy my concerns by saying that there is legal provision to prevent a member of the Government from doing anything that the Boundary Commission disagrees with, but I do not think he will be able to, because I cannot see where the Bill or any Act makes such a provision. That is why we wholeheartedly support the amendment presented by the hon. Member for Epping Forest. We believe intrinsically that it is one of the most important amendments to the Bill, and I do not know whether she intends to press it to a Division, but if she does not we certainly shall.

Parliamentary Voting System and Constituencies Bill

Debate between Thomas Docherty and Chris Bryant

Tuesday 19th October 2010 Commons Chamber

[Chris Bryant]

In light of your earlier comments, Mr Gale, I hope that it is okay for me to stray into a debate about whether the schedule be agreed to.

The schedule makes a number of other very important amendments to the law that pertains to the election, and they, along with the other measures that we discussed in clause 7, will come into force when the Minister tables the order that follows a yes vote in the referendum. Some of the provisions are pretty straightforward. For instance, the notice that is normally exhibited on the ballot paper under the existing system says, “Vote for one candidate only”. Obviously, that would be thoroughly misleading if we were to adopt the alternative vote system, because it would point out precisely what the voters had not to do.

One relatively interesting point is that the guidance will make it clear:

“Do not use the same number more than once.’”

I presume that if a voter did use the same number more than once, that would invalidate a vote. I presume that if somebody voted 1, 2, 2, 3, 4, 5, that would invalidate the vote at the point that one reached the second preference, because one would not be able to determine the second preference, even if there had been some other strange means of adding to it.

[Thomas Docherty]

This is obviously a very technical and complex debate, but does my hon. Friend agree that that is exactly why, in the next version of this Bill, the Government have to give way on the issue of the same date for the Welsh and Scottish elections in 2015? The potential for confusion is far too great.

[Chris Bryant]

As I have said previously, one difficulty that we as a Committee have in debating the Bill is that we do not know the precise amendments that the Government are going to table on the combination of polls in Scotland, Wales and Northern Ireland. We do not yet know what the law—as the Government expect it to be in relation to those three territorial departments—will be, because the statutory instruments have not been tabled. That makes it difficult for us to imagine exactly what a polling station is going to look like when somebody goes in. However, the measures in the schedule do not affect the conduct of the referendum next May, but rather the conduct of an election at a subsequent date once there has been a successful yes vote in a referendum and the measure has been introduced.

[Thomas Docherty]

I apologise to my hon. Friend for not being clear enough. I was referring to the 2015 elections, where we will have the additional member system in Scotland, as well as first-past-the-post and the AV system, if the Government do not give way. Would it not have been better to have one single Bill for fixed terms and for these provisions instead of this mish-mash of two Bills?

[Chris Bryant]

That is a good point, although I have not yet given up on the idea that the Government’s Fixed-term Parliaments Bill will end up with a five-year rather than a four-year parliamentary term, which would be more advisable and acceptable, I suspect, to this House and the other place. If there were to be a combination of simultaneous parliamentary elections in Scotland for this House and for the Scottish Parliament, and in Wales for this House and for the Assembly, operating under different electoral systems, both of which involved writing “1, 2, 3, 4, 5”, there would be capacity for confusion, and polling stations could be a rather complex area for voters to enter. Unfortunately, we are not able to have that provision in this Bill because the Government have decided to bring forward not a great reform Act but little tiddly bits of reform as they can be spatchcocked into Bills to appease both sides of the coalition.

Under paragraph 5, the system for recounts will be changed to allow for a recount to happen at any stage in the voting process. That is obviously a sensible measure. If, say, five candidates were standing and the person in fifth place is there by only two or three votes, they will want to have a recount to make sure that they really are the person who should be eliminated at that stage. I remember that when I stood in 1997 in High Wycombe—not traditionally a safe Labour seat; in fact, the Conservatives had a majority of 18,000—there was a recount in the ballot, and on a night when many Conservative seats fell, my friends thought, “Blimey, it looks as if Bryant has won High Wycombe.” In fact, I had not come anywhere near to winning; it was all about whether somebody else—the Green candidate, I think—had lost his deposit.

Under the schedule—it is also animadverted to in the clause that we have just debated—there is to be a public announcement at each stage of the process, so at each point where there is an elimination the returning officer gets everybody together to agree, “Yes, this is the person who is being eliminated, these are the votes that have been cast, these are the second preferences as they have been cast, this is the number of non-allocated ballots,” and so on. I am concerned about that, because there has been a growing tendency for the presumption of secrecy during the counting process to be completely ignored, with many broadcasters and journalists asking candidates on the night, in the middle of the count, to reveal what is happening in the process. That is a disturbing trend, particularly in relation to postal ballots. At some counts, the returning officer has decided not to validate the postal ballots separately but to put them in with all the others so that nobody can start doing what every political party does—the sampling process—and then say, “It was the postal ballots that won this election,” or otherwise. I would be grateful if the Minister could comment on that, particularly as it might apply in the process as it develops.

If we have public announcements at every stage, are we not letting the secrecy of the ballot run away with us? It has sometimes been difficult to get all the agents and candidates together for announcements, and it might take some considerable time to arrive at an election result if one had to go through the whole process at each stage. I understand, however, that according to the schedule there can also be a recount at the end of the process, as long as the final result has not yet been announced. If I am wrong about that, I am sure that the Minister will enlighten me.

I am glad to see this provision:

“A ballot paper on which a number is marked elsewhere than in a proper place shall not be deemed to be void for that reason alone.”

That mirrors provisions elsewhere in legislation. However, I wonder what improper place might be given as a reason why a vote might be declared void. In addition, the provision:

“A ballot paper on which the voter makes any mark which…is clearly intended to indicate a particular preference for a particular candidate, but…is not a number (or is a number written otherwise than as an arabic numeral), shall be treated in the same way as if the appropriate number (written as an arabic numeral) has been marked instead”,

is an important element of what we are guaranteeing. In the transition from the existing system to the new system, assuming that there is a yes vote, if a voter still has not quite understood the system, or, for that matter, is a conscientious objector to the new system and therefore wants to vote only with their first preference and chooses to do so with an X, a tick, or as the Minister frequently says—I am not sure if that is because he votes in this way—with a smiley face, then we should allow them to do so.

We are fully supportive of the Minister’s amendments, which seem to make sense in the way that he has described. I hope that he will be able to answer the questions that I have asked in the course of my comments. Otherwise, I see no reason why the schedule should not stand part of the Bill.

Parliamentary Voting System and Constituencies Bill

Debate between Thomas Docherty and Chris Bryant

Monday 18th October 2010 Commons Chamber

[Chris Bryant]

Well, I was going to make an attempt at an answer, but I do not know whether it will appease the hon. Gentleman.

I am not trying to undermine the result of the referendum. I would like every single person in Britain to vote in it. I would prefer a system that would lead to even turnout within the bounds of normal elections, rather than a system in which there were important general elections in some places—Scotland, Wales and Northern Ireland—but only local elections in 83%, I think, of England. It would provide for a nicer outcome if we could provide results by parliamentary constituency boundaries.

[Thomas Docherty]

It might help the Committee to know that, certainly for Scotland, returning officers will allow recounting only at constituency level. They will not support a Scottish-wide recount because, they argue, it would be far too complicated. I think that that undermines the point made by the hon. Member for Grantham and Stamford (Nick Boles).

[Chris Bryant]

My hon. Friend makes a good point. My anxiety is that the route down which we are travelling will mean that ordinary constituents—voters around the land—will end up being treated differently according to which part of the country they live in. If the whole Bill goes through, they will effectively have less of an understanding of who represents them, because at different tiers there will be no clear structure going from the local authority, whether unitary or not, to the Assembly Member in Wales or the Scottish Parliament, or the UK Parliament. That is why the basic building block of the referendum, as it concerns the whole of the United Kingdom, should be the parliamentary constituency. The hon. Member for Grantham and Stamford (Nick Boles) obviously disagrees.

As for the Government’s other amendments, I am still not satisfied by the Minister’s answers about whether the job has been done properly or not. He says that he would not want to do the job of the chief counting officer, but in fact the Bill makes—[Interruption.] The Deputy Leader of the House says that it would be improper, but the Bill makes vast numbers of provisions relating to the counting officer, as does other legislation. As the Minister has introduced this new concept of not paying for a job that has not been done properly, I do not understand why it is not possible to delineate what not doing the job properly means.

For instance, if it had been decided that all the ballot papers for the referendum should be a different colour from the ballot papers for other elections on the day, would not doing the job properly mean that the ballot papers had not been provided in the right colour? Would not doing the job properly mean that some polling stations had too many barriers to disabled access? Would it mean that some of the polling stations did not have the official stamp? There is a whole series of issues in relation to the combination of polls that are laid out in the legislation in Scotland and Wales. I presume that the Minister wants to replicate those in the many amendments that he will come forward with, yet he says that he cannot make it clear this afternoon what not paying for a job that has not been done properly would mean.