Draft European Union Referendum (Conduct) Regulations 2016

Debate between Wayne David and Mark Field

Thursday 11th February 2016 General Committees

[Wayne David (Caerphilly) (Lab)]

It is a pleasure to serve under your benign chairmanship, Mr McCabe. As the Minister indicated, the draft regulations are not particularly contentious, but they are nevertheless important for ensuring that the referendum, when it comes, is conducted efficiently and fairly. They are essentially, as he said, plumbing matters. Other regulations will deal with more contentious and important issues, such as the date of the referendum, how long the referendum period will last, referendum-related expenditure, and the process by which the Electoral Commission will designate the lead organisations for both campaigns. We hold our breath on that matter, because it will be interesting to see which organisation is given responsibility for conducting the no campaign. That is not a political point; I am saying this objectively.

The Opposition support the regulations. They are well worked through and there has been a great deal of consultation, but I do have a few questions for the Minister. I am glad to see the inclusion of the innovations, modest though they are, introduced by the ERA Act. Lessons have been learned from the conduct of the alternative vote referendum in 2011.

Police community support officers can now attend polling stations, and there is a great deal of sense behind that, because it will relieve pressure on the police, but of course PCSOs have limited powers. If there was a serious fracas or potential infringement of electoral law at a polling station, it would be embarrassing to say the least if a PCSO was not able to deal with the situation because his or her powers were limited. The situation would then have to continue while the PCSO called in the assistance of a properly designated police officer. I understand the practical benefits of having PCSOs as well as police officers, but I envisage a possible difficulty arising, too. Will the Minister comment on that?

I am pleased that the Government have largely taken the Electoral Commission’s suggestions into account but, according to the Government’s own explanatory memorandum, the suggestion on the extension of emergency proxy votes has not been accepted. The memorandum states:

“In order to maintain the integrity of the electoral process, the Government considers that the emergency proxy provision should not be drawn too widely and therefore has not included the provision recommended by the Electoral Commission in the instrument.”

Will the Minister expand on that a little? I understand that proxy votes are being extended for people who are engaged in business activities or on military service. Why did he decide not to accept the Electoral Commission’s advice to have a further extension of the proxy provisions?

My next question is about who is entitled to vote. The Minister specifically said that there are provisions in the regulations to allow citizens of Gibraltar to cast their votes, but if people in Gibraltar can vote, why not people in the Falkland Islands, too, and why not people who consider themselves to be British in the 11 other overseas territories? The case can be made that the vote should be extended to all people who consider themselves to be British, because of course the Falkland Islands and the other overseas territories have some kind of relationship with the European Union as well as with Britain.

[Mark Field (Cities of London and Westminster) (Con)]

Although the hon. Gentleman makes a moderately compelling case that other overseas territories should be considered in such a way, surely he recognises that Gibraltar is a unique case. Gibraltar is on the European mainland, so the question is whether it should be counted as part and parcel of Spain or part of the United Kingdom. As he is well aware, it obviously counts as part of the United Kingdom for European elections, so there is some sense in maintaining that slightly analogous situation specifically for Gibraltar while not extending it elsewhere.

[Wayne David]

I am not arguing against the case for Gibraltar, which I recognise has a unique relationship with Britain and the rest of the European Union. I am simply posing the question of whether there is an argument for extending votes in this referendum to people in the 12 overseas territories that belong to the United Kingdom. Those territories are referred to in annex IV of the treaty establishing the European Economic Community, so a legal relationship has been defined, albeit it is not the same kind of relationship as that of Gibraltar and the United Kingdom.

Let us not forget that there are 1,650 registered voters in the Falklands. They were registered for the 2013 referendum in which they almost unanimously—barring three voters—decided that they wanted to remain part of the United Kingdom, to all intents and purposes. I am sure that the people of Falkland Islands would consider that—morally at least, if not in terms of the technical specifics—they should be able to cast their votes. I am sure that they would point out that, in an equivalent French process, people in an overseas department, such as La Réunion or Guadeloupe, would be able to cast a vote, because those people were able to do so in the 2005 French referendum on the so-called constitutional treaty. Those overseas departments are, to all intents and purposes, very similar to our overseas territories. I will be intrigued to hear the Minister’s response to those points because there is a case for treating everyone in the same way.

My final question is about the count and declaration, although I might be straying a little beyond the regulations. It was announced in December that the final declaration of the result would take place in Manchester, but why there? Why not London, Cardiff or wherever? I understand that there will be collation centres for the 12 regions, but have the Government made a decision about the venues for those centres? The natural place for the venue in Wales would be Cardiff, but it would be nice to know precisely which cities have been chosen, if that has been stipulated, and whether arrangements are in hand to ensure that there will be a smooth count. I also understand that there will be 382 counting officers who will operate locally and feed information to the regional centres before a national announcement is made. I know that regional declarations will be made—I am sure that many will watch with interest what happens in Wales and Scotland—but will the local results be announced to the public?

What will happen at a local count if an individual who is accredited to be there calls for a recount? Regulation 47(1) states:

“A person within paragraph (2) who is present at the completion of the counting (or any re-count) of the votes in a voting area may require the counting officer to have the votes for that area re-counted…but the counting officer may refuse to do so if in the officer’s opinion the requirement is unreasonable.”

To ask the obvious question, what is the meaning of “unreasonable”? Surely there should be criteria to determine whether a vote is very close so that an officer is not in the invidious position of having to make a subjective decision about whether a recount is required. Will the Minister clarify the situation and explain why the imprecise word “unreasonable” has been used?

Labour Members will support the regulations, but I will be interested to hear the Minister’s response to my comments.

Votes at 16

Debate between Wayne David and Mark Field

Tuesday 6th May 2014 Westminster Hall

[Mark Field (Cities of London and Westminster) (Con)]

Will the hon. Lady give way?

[Wayne David]

You have only just come in.

[Mark Field]

Apologies; I have just come in, but some of us have other constituency duties. Those who can rely on the Welsh Parliament obviously have far less to do as Members of this House. May I ask the hon. Lady whether inclusiveness applies—[Interruption.]

West Lothian Question

Debate between Wayne David and Mark Field

Tuesday 29th March 2011 Westminster Hall

[Mr David]

Yes, where is she, and what is the point of the Wales Office? The Wales Office has a point; there is a need for a Secretary of State for Wales, but he or she has a job to do. That job needs to be promoted effectively, which is not being done at the moment.

I want to pick up something said by my hon. Friend the Member for Wrexham (Ian Lucas). As someone who passionately believes in devolution—as power should rest close to the people—and who believes in Wales and the United Kingdom, my concern is that there is almost an unholy alliance, an inadvertent alliance, between Welsh nationalism and the Conservative party. Although they might sometimes be pulling in different directions, the common ground is the break-up of the United Kingdom. The Conservative party is becoming an English party. That worries me intensely. It goes against the whole grain of history. Nevertheless, it is becoming an objective truth.

[Mr Mark Field]

The fact is we have eight seats; the Conservative party is the second party in Wales. As the hon. Gentleman will know, only two years ago, we got more votes in the European election than the Labour party, for the first time in living memory. I do not think that there is any sense that the Welsh Conservative party wants to break away. In many ways we are very committed to the United Kingdom and to Wales.

[Mr David]

Yes, but my hon. Friend the Member for Wrexham made the important point that it spoke volumes when the Secretary of State for Wales had no opinion in the recent referendum. That shows the attitude of the Conservative party towards Wales. At the very least, it is not interested. It does not want to know.

That brings me to the last point I wish to make. It is extremely important to have this England and Wales debate and to recognise that the United Kingdom has particularities, but there are also many things that unite us.

Parliamentary Voting System and Constituencies Bill

Debate between Wayne David and Mark Field

Wednesday 20th October 2010 Commons Chamber

[Mr Mark Field]

I must confess that I totally accept the need to equalise electorates, which is why I have tabled amendments in a later group, which I suspect we will not get to, suggesting that we leave out of the Bill the gerrymandering—there is no other word to use—of three Scottish seats. That has occurred through a limit of 13,000 sq km being plucked out of the sky to allow Ross, Skye and Lochaber, and probably also Caithness, Sutherland and Easter Ross, to be seen as exceptional. If we equalise constituencies it could be regrettable for such communities, but we want electorates of a similar size.

In fairness to the hon. Member for Rhondda (Chris Bryant), I think that equal constituencies will mean that we divide the country up into 10 or 15 different areas, from which we can draw up the 600 seats, rather than suddenly realising when we get to the middle of Scotland that we are 10 or 15 seats short. I fully accept the need to equalise electorates, and it is greatly to be regretted that we are not doing that for all seats. It seems that a rather grubby little compromise has been put in place. In the modern, technological era, I disagree with the idea that the Western Isles and Orkney and Shetland, the two smallest seats in the UK, should be protected. Orkney and Shetland was part of the Wick Burghs constituency at one time during the last century, and the Western Isles were part of the Ross and Cromarty and Inverness-shire constituencies. It is a bogus argument that those constituencies somehow have great historical relevance.

[Mr Wayne David (Caerphilly) (Lab)]

The hon. Gentleman said that in his view there had been a grubby little compromise. That is quite a statement to make. Would he like to explain and elaborate on exactly what he means?

[Mr Field]

I believe that the compromise was perhaps made to keep the Scottish nationalists happy—[Interruption.] Well, the hon. Member for Na h-Eileanan an Iar (Mr MacNeil) represents virtually no constituents in this House. I respect that, but we are living in a technological age of e-mails and so on, and I do not agree with the notion that he should maintain the privileged position of representing just 23,000 constituents, when many of us have to represent not only our statutory 70,000 or so but a significant number of non-UK nationals. There is a perfectly good case to be made, but it should not override the idea of equalising communities.