Parliamentary Voting System and Constituencies Bill Debate
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Chris Bryant
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Parliamentary Voting System and Constituencies Bill
Chris Bryant Excerpts(13 years, 6 months ago)
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Mr Harper
The Government have tabled a number of amendments relating to the referendum that are necessary to allow for the smooth running of the poll on 5 May. A number of the amendments—261 to 263, 270, 279, 280, 307, 309 to 322, 325 and 326—provide that all returning officers appointed for the local district council or borough elections in England, for Assembly elections in Wales, or for the parliamentary election in Scotland, are automatically designated as counting officers for the referendum. The provisions also appoint the chief counting officer for Northern Ireland as the counting officer in the referendum. That displaces for the referendum the standard position under the Political Parties, Elections and Referendums Act 2000, which provides that the chief counting officer would need to appoint the individuals.
The key advantage of the approach that we are taking is that the returning officer and the counting officer will always be the same person, and that will provide returning officers with certainty that they will be the counting officers for the referendum. It will also ensure that the counting officers in the referendum have the necessary experience. The approach that we have taken to the appointment of counting officers is generally consistent with the practice for other statutory elections where legislation automatically deems, or provides for, the appointment of certain postholders in local authorities as returning officers for different elections—for example, local authority returning officers automatically become returning officers for the purposes of European parliamentary elections.
Government amendment 326 makes changes to the definition of the voting area for Scotland and Wales. The change ensures that in Scotland and Wales the referendum will be run on the same respective boundaries as the Scottish parliamentary and Welsh Assembly elections. No changes are required in respect of the current provisions in the Bill for England, which already allow for the referendum to be run on the same boundaries as the local government elections, which are scheduled to take place on 5 May.
Chris Bryant (Rhondda) (Lab)
Government amendment 261 refers, in paragraph 1A(2), to the counting officer for the City of London voting area being
“the person who, by virtue of that section—
section 35 of the Representation of the People Act 1983—
“is the returning officer for elections of councillors of the London borough of Westminster.”
How many people does the Minister think could, by virtue of this, vote in the City of London in the referendum?
Chris Bryant
It relates to the point that we will doubtless discuss later in relation to who is entitled to vote. As I understand it, paragraph 1A(2) refers only to peers, who would be able to vote in the referendum by virtue of their City of London voting right, as opposed to their residential voting right.
Mr Harper
The costs specifically required to run the referendum are picked up by the Consolidated Fund and do not fall in any way on the local devolved authorities in Scotland, Wales and Northern Ireland. Some of their costs for running their own election—the cost of hiring polling stations, for example, and the cost of paying for staff—is split between the local Administrations and central Government from the Consolidated Fund, so the devolved Administrations make a saving, compared with running those elections on a stand-alone basis. I do not understand the point that the hon. Gentleman is trying to make.
Chris Bryant
That rather prejudges another set of amendments. I do not know whether the hon. Gentleman has yet tabled the 100 pages of amendments that he told some of us last week he would table today for debate next week. It prejudges also the statutory instruments which, as I understand it, the territorial officers will have to table and will be subject to votes in this place and in another place. The cost that may be required to issue, for example, two polling cards rather than one will be materially affected by those decisions. Is not the Minister getting his amendments in the wrong order?
Mr Harper
Not at all. We will table the combination amendments today, and, as the hon. Gentleman acknowledged, I wrote to him, to the Opposition Front-Bench team and to every Member who either spoke on Second Reading or who, at that point last week, had tabled an amendment—in other words, to those who were most interested. I wrote also to the leaders of parties in the devolved Assemblies and Parliaments to keep them informed about what we planned to do.
The assumption referred to is the one on which we have been working, and holding the referendum on the same day as the elections produces a saving throughout the United Kingdom of about £30 million, which will be shared between the Consolidated Fund and those devolved and local administrations.
Chris Bryant
I am sorry, but the Minister is completely wrong. He may have already decided how Parliament, in this place and at the other end of the building, will dispose of the Bill, but I have not seen any of the amendments to which he refers. We are, of course, deeply grateful for his writing to us all, but we have not seen the amendments. He even admits in his own letter that the amendments that he will table today are incorrect, because they will be attendant on other orders that will have to be laid in relation to Scotland, Wales and Northern Ireland. I am afraid that, on this matter, the Minister is running ahead of himself.
Mr Harper
Mr Hoyle, I am sure that you do not want me to start debating new clauses and new schedules today which we will debate next Monday; I am sure that if I did so, you would put me straight. I have set out the basis on which we have said, since my right hon. Friend the Deputy Prime Minister made his statement to the House, we will proceed, namely by combining the referendum with local and devolved elections, which will produce a significant saving. If Parliament were to choose to do something different, we would clearly look at that. I am setting out the Government’s proposals, which we have included in the Bill and will lay before the House for debate in Committee. I really think that the hon. Gentleman is making a meal of it.
Chris Bryant
But the Minister has not even made any provision in law. He has not presented to the House the provision in law for the combination of polls in Scotland, Wales or Northern Ireland. I simply do not understand how we can debate whether the counting officers should be the same for the two polls when we have not been presented with the legislation that the Government promised would come along somewhere down the line. The Minister is treating the Committee with some disrespect.
Mr Harper
If I may say so, I think that the hon. Gentleman is trying to make debating points where there simply is none. He knows the proposals that we have set out, and appointing the counting officers has nothing to do, in essence, with the combination amendments, which we can debate next week. They will be tabled today, as I said in my letter. Members will therefore have a week to scrutinise them, and we can deal with that point next week.
Mr Harper
The hon. Gentleman asks separate questions. The chief counting officer will decide about the level of performance of the counting officers and regional counting officers. The Electoral Commission has been working closely with the Government and with our officials, and it is confident that the referendum next year can be carried out in combination with the elections. We aim to continue to work with it to ensure that that remains the case through to 5 May next year.
Chris Bryant
I still do not quite understand what counts as counting officers not having performed their functions properly. What order of magnitude of not performing their functions properly would lead to their not being paid but would not disqualify the votes from that area?
Mr Harper
The level of payment would be a matter for the chief counting officer to determine; we would not expect Ministers or the Government to get involved in that process. The chief counting officer will be able to make the decision on payment in judging the performance of the counting officer, who will be working under her direction. That would not affect whether the votes counted in the same way as they did in a parliamentary election, even if there were the confusion that occurred this year at the close of polls, which did not affect the votes cast in those elections.
Chris Bryant
But if—let us say for the sake of argument—no polling cards were issued for the referendum in an area where there were other forms of election, or, indeed, no other forms of election, would that be a reason for not paying the counting officer? If the vote were tight, would it be a reason for invalidating the result in that area?
Mr Harper
The hon. Gentleman is trying to draw me into doing the chief counting officer’s job for her and into trespassing into election courts. It is not my role to do that, and the chief counting officer will make those determinations in the usual way. The Government consider that the amendment represents the best option for ensuring that regional counting officers and counting officers are accountable for their actions. Given the hon. Gentleman’s comments and those of the hon. Member for Dunfermline and West Fife (Thomas Docherty), I hope that that helps address some of the concerns that members of the public and, indeed, Members of Parliament expressed about the accountability of returning officers, following what happened at some polling stations, albeit limited numbers of them, on 6 May.
The amendments do not apply to the Chief Electoral Officer for Northern Ireland—the counting officer for the referendum—because he is a statutory office holder, who is already directly responsible to the Secretary of State for Northern Ireland for his conduct.
Mr Harper
I am sure that their lordships do not require help from me or the chief counting officer to deliberate on the Bill. I would not dream of that. I am sure that the Electoral Commission will set out in due course the approach that it plans to take. It has already done that on some issues to do with the referendum, and I am sure that that will be helpful to Members.
Let me speak briefly about amendment 353, in the name of the right hon. Member for Doncaster North (Edward Miliband) and others. It would mean that, in addition to votes in the referendum in England being counted on local authority lines, as we propose, they would also need to be certified on parliamentary constituency lines. Given that 32 metropolitan boroughs, 52 unitary authorities and 192 second-tier districts in England have elections next year that involve around 31 million electors—79% of the total local government electors in England—the proposal would present significant additional administrative requirements for local areas and result in considerable extra effort and cost. Counting and issuing the results of the referendum on local authority lines, as we propose, makes administrative sense.
In Northern Ireland, counting and issuing the results will take place on Northern Ireland Assembly boundaries; in Scotland, on Scottish Parliament boundaries; and in Wales, on Welsh Assembly boundaries. That will be done because all devolved Administrations have elections to their respective bodies on 5 May. We think that that also makes administrative sense.
The Government see no benefit in requiring the counting officer to certify the results of the referendum in each parliamentary constituency. Any possible benefit would be outweighed by the extra demand on resources that the proposal would make. I would also be wary of inserting an extra layer of counting into the process, as I am sure that everyone wants a clean, clear result, which is calculated and communicated as quickly as possible.
For all those reasons, I urge hon. Members to support the Government amendments, and Opposition Members not to press theirs to a Division.
Chris Bryant
Broadly speaking, I do not disagree with the main thrust of the amendments that the Parliamentary Secretary has moved. However, I point out that we are debating 26 amendments in this group alone. The Parliamentary Secretary has already referred to the fact that he has written to hon. Members to say that he will table 100 pages of amendments today. I do not think that he has made them available to the Committee yet. They are necessary only because they provide for combining polls. Indeed, the majority of the amendments that we are currently discussing are necessary only because the Government had not spotted early enough that they needed to provide legislatively for the combination of polls in Scotland, Northern Ireland, Wales and England, and separately and differently in each because the law governing each of the three devolved nations is different, and in England, the elections relating to local authorities must have separate rules, too.
The Parliamentary Secretary has already admitted in the letter that he sent to many of us that the amendments that he has tabled today depend on existing law in relation to Scotland, Wales and Northern Ireland. Each of those territorial Offices intends to change the law for the combination of polls in the next few weeks—it was supposed to happen in mid-October, but none of the statutory instruments has been tabled yet. I see that the Secretary of State for Northern Ireland is in his place—[Interruption.] I am sorry: the Minister for Northern Ireland is in his place. Perhaps he should be Secretary of State, as he is a very charming chap. Now that he is having a little conversation with me, perhaps he will enlighten us as to when the statutory instruments for Northern Ireland will be available. It appears that he cannot do so.
Chris Bryant
If I may finish my argument, I will then give way to the Minister.
In Wales, the results will be by Assembly constituency, which is the same as by parliamentary constituency. In Scotland, we will have them by Scottish parliamentary constituency, which is different.
Chris Bryant
In a moment, although I have promised to give way to the Minister. I am not sure which way age and beauty apply in this case, but I will give way to the Minister first, after I have finished my argument.
In England, we will have results by various electoral areas. For the sake of clarity in understanding the legitimacy of the vote, especially as this is not just an advisory but an implementing referendum—as laid out in the Bill—it would be better if we had equality across the United Kingdom, with the results announced in the same way in every constituency.
Mr Harper
If the hon. Gentleman is going to quote the Electoral Commission, he should quote it in full. It wanted to consider in more detail the implications of his amendment for the management of the count process and, in particular, the time required to conduct the count. It did say that it saw no insurmountable practical barriers to making the information available “in due course”, but it did not have information about the impact on the count process and the declaration of the result. Missing out the words “in due course” gave a misleading impression of the Electoral Commission’s views.
Chris Bryant
I am grateful for the Minister’s helpful intervention, because he made half the point I made myself.
I do not know what the total number of results will be, but let us say there will be 40 for Wales, and those in Scotland, Northern Ireland and so on. If, in a large number of those constituencies, there is a very narrow result, it will have a material effect on how people view the eventual result, particularly in relation to the differential turnout that might be achieved in Scotland, Wales and Northern Ireland—by virtue of the fact that there are other elections at the same time—compared with the turnout in England.
Nick Boles
The hon. Gentleman’s suggestion seems extraordinary. I had understood that the Labour party’s position was to support the move towards an AV system, yet it seems that it wants to create all sorts of divisions and to undermine the legitimacy of any result. Surely, the whole point of the referendum is that it is a referendum for the electoral system for the Parliament of the United Kingdom. The only result that matters is the result for one constituency—the constituency of the entire United Kingdom. Trying to undermine the result by suggesting that, “Oh, in Gloucestershire, they did not vote for it” or, “Oh, in one part of Scotland, they did not vote for it”, seems to be a very strange thing to want to do.
Chris Bryant
In which case, the hon. Gentleman should be voting against the Government’s proposals, because their proposal is to conduct the referendum by constituency in Wales, by a different set of constituencies in Scotland and by different areas in England. Of course, those will all be added up. I am trying not to undermine, but to strengthen the result of the vote. Also, I should say to him that he has got the Labour party’s manifesto slightly wrong. Our commitment was to have a referendum on the alternative vote. We want the United Kingdom to be able to make a decision on that.
Nick Boles
I misspoke. I meant that the person who tabled amendment 353—the hon. Gentleman’s party leader—has stated that he is in favour of a move to the alternative vote. Is that not the case?
Chris Bryant
I have said that I will vote for the alternative vote, and I will vote for it. I personally support it and believe that it is the best way of electing candidates. It is how I was elected as a candidate for the Labour party in Rhondda, so it would be illogical for me to vote differently. However—
Chris Bryant
Could the hon. Gentleman just keep calm for a moment? I recognise that many other people in my party take a different view on that. However, all I am trying to secure is a clear process that is effected equally across the whole of the United Kingdom. I think, therefore, that it would make more sense for the results to be provided by parliamentary constituency, because, as he himself said, we are talking about parliamentary elections.
Nick Boles
I apologise for taxing the hon. Gentleman on this point, but I think he is muddling up a separate issue with the practical arrangements for counting the votes. The Government are proposing—eminently sensibly, it seems to me—that we use whichever constituencies are counting votes for other elections. So in the case of the Assemblies in the devolved institutions—
The Chairman of Ways and Means (Mr Lindsay Hoyle)
Order. I was generous in allowing such a long intervention, but the hon. Gentleman has gone on far too long. If the hon. Member for Rhondda (Chris Bryant) chooses not to answer, I will understand.
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.
Nick Boles
Is this not a classic example of over-micro-management of professionals? We have a chief counting officer who knows her job. Would the hon. Gentleman not be willing to let her decide whether the law was being adhered to, rather than telling her how to do it?
Chris Bryant
In which case, again, the hon. Gentleman ought to be striking out large parts of the Bill, because the Bill determines in large measure precisely what the job of the chief counting officer is. Indeed, other legislation similarly does so, because we have to have clarity about certain things. For instance, should it be possible in Wales and Scotland for there to be just one polling card for the referendum and the Assembly or parliamentary elections, or should it be a requirement that there be two? If we left the issue to people’s discretion and everybody decided to go for one, many people might say, “No, sorry, that undermines the referendum,” because we would not be making it clear that, in addition to the Assembly elections, which would get a lot of media attention in Wales, there was a referendum on the same day. That is why the hon. Gentleman’s Government will introduce amendments on the matter. His quarrel is therefore not with me; it is with the Minister, which I am sure will upset him enormously.
I am keen to provide as much clarity as possible at this stage, quite simply because I believe that the Government are proceeding in the wrong order. First and foremost, we should have the legislation for Scotland, Wales and Northern Ireland, to make it clear whether there will be three sets of elections in Northern Ireland—again, we still do not know, despite the fact that it is not many months ago—[Interruption.] I am sorry, but I am being corrected by the Northern Ireland Minister. Would he like to—[Interruption.] No, he remains in his place. In relation to Wales and Scotland, the legislation has not been changed, but that is what should happen first, and then we should move forward with the amendments that have been adumbrated today.
I will be keen to press our amendment 353 to a Division. Even if hon. Members may support the Government, I very much hope that they will also support the amendment standing in my name and that of my right hon. Friends.
Mr Harper
There are one or two points of fact that are worth putting straight. My hon. Friend the Member for Grantham and Stamford (Nick Boles) was spot-on about the counting arrangements. As for the result of the referendum, the important thing is the overall number for the United Kingdom. On the counting arrangements, we listened to the electoral administrators and the Electoral Commission during the summer, and they made it clear that it made absolute sense to count on the same basis, given the other elections taking place. I do not see that that makes any difference whatever to the overall result of the election.
Chris Bryant
I am grateful; I had not noticed the written ministerial statement last week. Will the Minister clarify whether it is necessary to have legislation in order to be able to combine the polls in Northern Ireland?
Mr Harper
The combination amendment will provide for the combination of all the elections taking place next year.
Returning to the point about the instruments that will be laid, the amendments are clearly based on existing law. It would be bizarre to table amendments to this Bill in respect of legislation that has not yet been laid before Parliament. The amendments to this Bill are based on the law as it stands. As the hon. Gentleman knows, the territorial offices will lay orders, and if they change the legislation, we will make the appropriate changes and lay them before the Committee or the House.
Chris Bryant
Of course I fully understand that: amendments cannot be tabled if they depend on legislation that does not yet exist. It would be better to put the legislation in place first and then table the amendments to it. I seek the Minister’s assurance on one issue. It would be inappropriate if the amendments that follow after the territorial statutory instruments were not tabled in this House—in other words, if we were not to see them on Report. I hope that the hon. Gentleman will make that assurance to the Committee.
Mr Harper
The hon. Gentleman makes a very good point. Fortunately, I am not responsible for the drafting of amendment 353; it is a matter for the Leader of the Opposition and his right hon. and hon. Friends, so they should answer questions about the amendment. For my part, I urge them to withdraw it. If they press it to a vote, I urge the Committee to vote against it. On this occasion—it does not happen on many occasions—I am at one with the hon. Member for Na h-Eileanan an Iar (Mr MacNeil).
Chris Bryant
For the sake of clarity, we are not saying that the count needs to be done by those constituencies; we are merely saying that the vote needs to be provided by parliamentary constituencies so that we can have full clarity across the whole of the land on the same basis. The wording is taken directly from the Political Parties, Elections and Referendums Act 2000.
Mr Harper
Fortunately, neither I nor my hon. Friends were responsible for that legislation. It was introduced by the hon. Gentleman and his colleagues when they were in government. I am thus not going to defend the wording. I think that the hon. Member for Na h-Eileanan an Iar is probably spot on in what he said.
Alun Michael
I am grateful for the opportunity to speak to this group of amendments. I am particularly pleased that it includes a number of amendments tabled by my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger), who will speak to them in this debate.
The amendments relate to the referendum process, but in the long term they ought to apply much more widely to electoral arrangements in general. After all, the ability and right to vote is the central element of citizenship. The extension of that right and of the franchise—the inclusion of people in the electorate—has been central to the UK’s development into a mature democracy over many years. However, if the individual voter is unable to exercise their right to vote because physical obstacles are placed in his or her way, or if he or she cannot make sense of the ballot paper, the right to vote is meaningless. That is what the amendments address. If an individual cannot understand the choices before them, they are denied their democratic right. At the centre of these proposals is the importance of the democratic rights of those affected.
I pay tribute to the work of the Royal National Institute of Blind People, which has done a terrific job over the years to help Government Departments to understand what it means to look after the interests of the blind or partially sighted, or those who have even slight difficulties with seeing, perhaps with the onset of old age. The organisation has done that work consistently over many years. Today’s debate goes further than that, because it has been stimulated not only by the RNIB’s comments and concerns, but those of Scope and Mencap. A range of citizens with a range of disabilities and obstacles in their way could be helped if the Committee accepts the amendments, and I urge all Members to support them.
To illustrate where things can be improved, RNIB did a number of presentations—a number of Members on both sides of the Committee attended them, including the Deputy Leader of the House. It highlighted the implications, for instance, of the obstructions to understanding television. Members were invited into Aunt Megan’s living room, which was set out in the Strangers Dining Room, to see what following a television programme is like for people who do not have full vision. Actually, the dining room was changed into a more attractive place in many ways—the fact that Megan is the name of one of my granddaughters is absolutely irrelevant. Nevertheless, that imaginative demonstration got across to us how the inability to see things can affect people. Indeed, I am tempted to suggest that in order to lend weight to the argument for these amendments, the RNIB’s next exercise should be to lay out in the Strangers Dining Room a polling booth, complete with frosted glass and the other things it has sometimes provided in order to enable us to understand the problems. If it were to do so, all Members could see the issues that arise when the ballot paper is not absolutely clear, and I am sure that that would lead to Members of all parties being not just supportive of the amendments, but enthusiastic for them.
Ballot papers are often more complex than necessary, usually because the i’s are being dotted and the t’s are being crossed and all sorts of possible challenges are being eliminated. Of course, that has a consequence for those who need to be able to see very precisely what they are doing. As I have said, these amendments refer to the referendum process, although I think they should apply more generally. However, the design of the referendum ballot forms will be different from that of the familiar election forms, which is why these amendments are so important on this occasion.
Chris Bryant
My right hon. Friend is making some very good points, and I hope I will be able to explain why I agree with him both on this topic and with some other amendments that address similar topics.
There is an issue to do with ensuring that the information carried on polling cards is presented in a way that makes sense to, and is user-friendly for, all disabled voters. I am concerned that that will be more difficult when we have a combination of polls, because it will be necessary either to provide two polling cards, which may lead to considerable confusion for some people with disabilities, or for the writing on the polling card to be made so small that it is far more difficult for people to use. Does my right hon. Friend share that concern?
Alun Michael
My hon. Friend makes a very good point. That is precisely the sort of issue that I believe should be covered by instructions, as we must also ensure that the simplicity of the form does not provide an unintentional additional obstacle. He is therefore right to raise that concern, and his point underlines the importance of my amendments. These amendments would allow direction to be given to deal with that concern by, for instance, ensuring that there is a simple form that enables people to understand what they are being advised to do in the polling booth.
I have tried to think of any reason Ministers and their advisers might have for not accepting the amendments. I hope I do not need to anticipate that, as I hope the Minister will respond by saying that the amendments are so clear and straightforward, and the case for them has been so well argued by myself and my hon. Friend the Member for Liverpool, Wavertree, that he is totally convinced and accepts them all. Having listened to his response to the debate on the previous group of amendments however, it seems that he might say the amendments should not be necessary because our expectations—in his case from Government, in our case from Parliament—are clear in the phrasing of the Bill. For instance, paragraph 3(1) of schedule 1 states:
“The Chief Counting Officer, Regional Counting Officers and counting officers must do whatever things are necessary for conducting the referendum in the manner provided by this Part.”
I do not think that is good enough, however. I have had enough experience of ministerial office to have seen how such very clear intentions written into a piece of legislation can be strangled by those who implement the law in the subsequent rules and interpretations unless we are very clear about our expectations, and I believe that our disabled and partially sighted citizens deserve us to be absolutely clear and unequivocal in respect of these amendments.
Paragraph 7 of the schedule states:
“The Electoral Commission must take whatever steps they think appropriate to promote public awareness about the referendum and how to vote in it.”
Well, yes, but that is not always the way things are delivered and the Electoral Commission is not very good at using its powers to ensure consistency in electoral arrangements. So these amendments are necessary, as we must ensure that appropriate arrangements are in place.
Mr Harper
If the right hon. Gentleman will allow me, I shall first set out what the Electoral Commission has said, some of which the hon. Lady has quoted, about how it intends to proceed. The chief counting officer can give directions to counting officers. Both the right hon. Gentleman and the hon. Lady have made the point that in previous elections the Electoral Commission has not done an adequate job. Interestingly, Scope’s Polls Apart report, which I had the opportunity of speaking to at the launch event earlier this year, said that the guidance that the Electoral Commission and the Association of Electoral Administrators produced on facilitating voting by disabled people was good but was not well implemented. The Electoral Commission does not have the power in elections to mandate the way in which returning officers behave but the chief counting officer will be able to issue directions to regional counting officers and counting officers. It is therefore worth considering the approach that the Electoral Commission plans to take.
The Commission believes it is important that the voting process is accessible to all electors. It says that it takes seriously its duty as a public body under equality legislation—including under the Disability Discrimination Acts and the Equality Act 2010, relevant parts of which will come into force next year—to ensure, among other things, that the information it provides is accessible and available in alternative formats. It has made it clear that the information it plans to send to every household will include information about voting systems, what will happen in the event of a yes or no outcome and how to take part in the referendum, including how to register and how to vote. That booklet will be available in a range of formats, including Braille, audio and large print.
The chief counting officer has said that she will issue guidance and directions to regional counting officers and counting officers regarding their duties in respect of accessibility and disabled voters under relevant equality and electoral legislation. She has also said that the Commission will continue to work with the excellent organisations that the right hon. Gentleman and hon. Lady mentioned, such as Mencap, the RNIB, Scope and other representative and advocacy organisations, to ensure that the referendum is managed and delivered in an appropriate way so that all electors have the chance to participate. That is a great reassurance because, unlike in elections, the chief counting officer for the referendum will be able to direct regional counting officers and counting officers on how to carry all that out.
My officials have discussed aspects of the Bill with Scope and they are very happy to do so with other organisations. In my previous life as the shadow Minister with responsibility for disabled people, I worked very closely with many organisations representing disabled people so I know what an excellent job they do. I also know from my experience as a constituency MP how much disabled people want to participate in elections not just by postal vote but, as the hon. Lady correctly said, by taking part in person. People with physical disabilities and people with learning disabilities are keen to express their views and we want to make sure that they can do so.
Having welcomed the amendments in principle, I am not convinced that they are the best way of achieving the aims behind them. The commission already has powers to do what the amendments propose in many cases and I do not think that turning those powers into obligations—this comes back to the point on which the right hon. Gentleman was pressing me about converting “may” into “must”—would add much to the Commission’s options. Indeed, it might be damaging to take away its discretion to decide when it is necessary to issue directions or guidance. I do not think that would be helpful. By setting out what the commission has said on this, I have shown that it takes these issues very seriously. There are already important legal obligations on the commission, as a public body, under disability discrimination legislation and the Equality Act and I am not sure that the extra obligations that the amendments would place on the commission would add clarity. If anything, they would be in danger of making the legal position more complex.
Let me address another issue that the right hon. Gentleman and the hon. Lady have both touched on about this poll in particular and elections in general. There may be changes that we can make to electoral law in general—the Government keep that under review—but I do not think that legislating specifically for one poll, even if there were things on which I agreed with the right hon. Gentleman, would be a sensible way of going about it.
On electoral registration, the right hon. Gentleman was right to point out that there is an issue to do with the number of people who are eligible to vote and are not on the electoral register. As he knows, during our September sittings I made a statement in the House about bringing forward individual registration, to deal not just with people who are on the register but should not be, but with the completeness of the electoral register. The Government think that completeness is as important as accuracy, and I have written to every local authority to urge their participation in data-matching pilots to try to identify voters who are not registered to vote and to look at how local authorities can best target their resources to get them on the electoral register.
The right hon. Gentleman made a tiny partisan point, when he said that he and his hon. Friends had been calling for change for many years. That may be the case and I have no doubt that the previous Government meant well, but in terms of outcomes they did not make a huge amount of progress in getting people on the electoral register. I hope he will support this Government in our efforts to do better.
To improve disabled people’s access to the democratic process, it is important that the Government continue to work with the organisations that the right hon. Gentleman, the hon. Member for Liverpool, Wavertree and others have mentioned. We shall keep the matter under review, but I do not think the amendments are the best way to improve access for the disabled to this poll, so I urge both Members to withdraw their amendments.
Chris Bryant
I warmly congratulate my right hon. Friend the Member for Cardiff South and Penarth (Alun Michael) and my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) on their amendments. There was a time when Parliament did not consider the rights of people with disabilities at all; those people and their rights were often ignored by society. We have moved a dramatic distance over the past 15 years in the rights of people with disability.
I am somewhat disappointed by the Minister’s words. When I was a Minister, an amendment might look perfectly sensible but some civil servant would come up with a reason why we could not possibly agree to it. The Whips would then say that we had to hold firm and that we could not possibly give way. The Minister may be right about some of the amendments, and it would be wrong to put in the Bill precise rules about whether the font size should be 12 point, 16 point or whatever. However, it would seem from what the Minister said that there would be no harm, in terms of their general principles, if the first two amendments tabled by my right hon. Friend were added to the Bill. They would apply only to this referendum, not to everything else.
The Minister made a point about the difference between the relationship in a normal election between the Electoral Commission and the returning officer, when the commission cannot direct, and the situation outlined in the Bill, when the chief counting officer can direct. That is all the more reason for us to provide in the Bill precise instructions that are in terms not of “may” but of “must”. I challenge the Minister to tell us what would be the harm in that amendment. I can see no harm that could possibly accrue, whereas the possible advantage could be significant to people with disabilities.
It is worth bearing in mind the statistics, which we have already heard, on the number of people who face significant accessibility barriers when voting at polling stations—67% of people with disabilities. We should recognise that there has been a tiny improvement on 2001 and 2005, but the previous Government were not enormously successful either, which is why we need to be more resolute in pursuing such issues.
The interesting figures in “Polls Apart” on voting by post are significant. Many people have presumed that now that people with disabilities can vote by post, the problem is solved. In actual fact, the great variation in how to cast a postal vote across the country—there are different ways of folding envelopes and of putting one envelope inside another—means that it is difficult to have a national campaign explaining how to use one’s postal vote. Many elderly people, quite apart from other people who might have disabilities, find it phenomenally difficult to vote by post.
At the general election, both in my constituency and when campaigning in other constituencies, I found that a lot of people had registered for a postal vote but found it difficult to understand precisely how they were meant to take it forward. Many of them would have preferred to have voted in a polling station, but if they are to be able to do so on an equal basis with anyone else in the land, explicit provision enabling them to do so needs to be made.
At the last election, there were fewer large ballot papers available than in 2005, which is a disgrace; I take no pleasure in saying that something that happened under the Labour Government was not an enormous success, but that is a fact. The difficulty with the argument that the Minister advances is that he is basically saying, “It’s all going in the right direction. We don’t need to put measures in the Bill, because it will all be provided for,” but the truth is that while many officials who have worked on the issue in previous years have made gains in some areas, in others they have moved backwards in relation to their obligations.
For instance, there are fewer polling stations in the Rhondda than there were in 2001. In the case of the polling station provided in Stanleytown, a small village in Tylorstown that is on a fairly steep hill, there was no public building in which to put it, and as the doors of all the houses are too narrow, no house could be used, so a portakabin was used. Unfortunately, halfway through the afternoon, the portakabin started sliding down the hill, which did not exactly make it more accessible than any other polling station.
There are serious problems, and I urge the Minister seriously to consider supporting, rather than opposing, the amendments that have been tabled.
Mr Harper
I have considered the amendments carefully, partly because of the role that I held before we entered government. I looked at the amendments myself, and at my advice from officials, and I genuinely do not think that the amendments add anything to the legal obligations that already fall on the Electoral Commission as a public body under the Disability Discrimination Act 1995 and the Equality Act 2010. Also, interestingly, the chief counting officer can make directions about whether the guidance, which Scope acknowledged was good, is put into effect. In response to the “Polls Apart” report, I have asked officials to look at all the recommendations and how we might act on them. The period after the referendum will be a good opportunity to look at the difference that the chief counting officer has been able to make with her direction, and to see whether we have proposals to take forward for elections more generally.
Chris Bryant
I am sorry, but that is more soft soap. I fully understand the Minister’s good intentions—he has advocated the causes that we are discussing many times—but I think that he has been seized by civil-servantitis. I fully understand the motivation behind the amendments of my right hon. Friend the Member for Cardiff South and Penarth and my hon. Friend the Member for Liverpool, Wavertree, relating to the size of font and so on. I understand why the Minister might not want those provisions in the Bill, with regard to the referendum, but his argument falls at the first hurdle. He says that the chief counting officer will be able not just to provide guidance, but to direct. Surely it would make more sense for us to say not that the chief counting officer may make certain directions, but that she must do so, including
“directions about the discharge of their functions specifically in relation to voters with disabilities”.
I cannot understand for the life of me why the amendments could not be accepted. I can see no harm that would be done if they were. The Minister has not advanced any example of harm that would be done to the legislative process. If we are in any doubt as to whether we should move forward with the amendments, I would have thought that we should err on the side of caution and support those with disabilities. Once again, I urge the Minister to change his mind, and I congratulate my right hon. Friend the Member for Cardiff South and Penarth and my hon. Friend the Member for Liverpool, Wavertree, on their amendments.
Chris Bryant
I beg to move amendment 136, page 17, line 5, at end insert
‘subject to the agreement of the Speaker’s Committee on the Electoral Commission.’.
The Temporary Chair (Mr Roger Gale)
With this it will be convenient to discuss the following: Government amendment 264.
Amendment 247, page 17, line 5, at end insert—
‘7A (1) The Electoral Commission shall not issue any explanatory document to persons entitled to vote in the referendum during the relevant period unless the wording, content and design of such document has been agreed by both organisations designated for the purposes of section 108 of the 2000 Act (designation of organisations to whom assistance is available), where such designations have occurred.
(2) In sub-paragraph (1) the “relevant period” is the relevant period for the referendum as defined in section 125 of the 2000 Act (restriction on publication etc. of promotional period by central government etc.).’.
Chris Bryant
The amendment deals with the simple issue of the role of the Electoral Commission in relation to the referendum next year. While the Bill provides that the commission should take whatever steps it thinks appropriate to promote public awareness of the referendum and how to vote in it, we believe that that should be subject to the agreement of the Speaker’s Committee on the Electoral Commission. I realise that hon. Members may think that that is some strange committee with no proper function and is just a bunch of MPs who want to interfere in the process, but in fact it is laid down in the 2000 Act. It has three ex-officio members—the Deputy Prime Minister, the Speaker and the Chairman of the Political and Constitutional Reform Committee. In addition, a Minister is appointed to the committee by the Prime Minister, in this case the Minister for Housing and Local Government, as well as five other Members—the hon. Member for East Surrey (Mr Gyimah), my right hon. Friend the Member for Manchester, Gorton (Sir Gerald Kaufman), the hon. Member for Belfast East (Naomi Long), my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) and the hon. Member for South West Devon (Mr Streeter). One might call that an eclectic mix, but it represents a broad swathe of opinion on the issue of the referendum as well as many other electoral matters.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Does the hon. Gentleman know which of those members might vote yes in the referendum and which might uphold the current system?
Chris Bryant
No, I have not got the faintest idea. I just know that two or even three of them are definite noes. I do not know about the others. My point is that this body is used to considering electoral matters without seeking partisan advantage and to trying to promote a level playing field for all in electoral administration.
The committee has two specific roles, only one of which is material here. The first is in relation to the appointment of commissioners, which is why earlier last week we saw the appointment of new commissioners. In addition, it has a role in analysing the five-year financial plans produced by the Electoral Commission. It is the only point at which Parliament has a say in the financial plans of the commission and one of the issues that will have to be borne in mind is how much should be spent on the information that the commission provides to voters about the referendum. The Speaker’s Committee on the Electoral Commission is therefore an important body to keep informed. The committee also provides an opportunity for a Minister to be directly involved, albeit only as one of the six Members on the committee.
The Electoral Commission has said that it knows that a considerable amount of information will have to be provided. The hon. Member for Harwich and North Essex (Mr Jenkin) knows that I do not share his views on the alternative vote. None the less, we share the view that the information provided should be fair, and it is important that we lay the details down in statute as far as possible to ensure that that happens. The way in which information is presented can inadvertently—and sometimes advertently—be biased. The commission said in its report on a referendum on the UK parliamentary voting system earlier this year:
“Without background information about the different voting systems, many participants in our research found the proposed question problematic.”
We might think that that is because the question is problematic, but the report continues:
“This was because they had almost no understanding of the ‘Alternative Vote’ (AV) system”—
and before the hon. Gentleman gets too excited—
“and very mixed understanding of ‘First Past the Post’ (FPTP).”
The last election in which I took part was last Thursday in Treherbert in the Rhondda where we had a council by-election. It was beautifully precise, because we had just two candidates—a Labour candidate and a Plaid Cymru one. It might appear that that would be easy for people to understand—a straight choice between A and B and one cross in the relevant box. However, there were several spoiled ballot papers because normally people get two votes in local elections in that two-member ward. Some people had voted for both candidates, presumably because they thought the by-election was like the normal elections. I am sure that hon. Members are dying to know who won the by-election. Labour seized the seat from Plaid Cymru with a swing of 10%, so Councillor Luke Bouchard is now the youngest councillor in Wales.
The important point is that voters do not fully understand the current system. They certainly do not understand the alternative vote system very well. However, in order for the Electoral Commission to provide information so that people can have a full understanding, we need a system that includes not only the commission but the weathered eye of some elected politicians, through the Speaker’s committee, which is unbiased and has no particular axe to grind.
I note that the hon. Gentleman and several others have tabled an amendment that would solve the same problem slightly differently. I suggest that the two are not mutually exclusive, although it might be a case of belt and braces. I am keen to hear what he has to say, if he succeeds in catching your eye, Mr Gale. I hope that the Government will want to involve the Speaker’s committee in this process and accept the amendment.
Mr Jenkin
Amendment 247 is in my name and of several colleagues, including the hon. Member for Middlesbrough (Sir Stuart Bell). I do not think that that represents any slight on the amendment tabled by the hon. Member for Rhondda (Chris Bryant); it is just that I asked the hon. Member for Middlesbrough to table it with me.
The hon. Member for Rhondda has made the reason behind his amendment clear, and the principal purpose of our amendment is the same. The Electoral Commission has invited us to give it the enormous responsibility of sending out information, during a referendum, about the contentious matter on which voters will be asked to give an opinion. As the hon. Gentleman said, these are difficult issues to understand. Even the current voting system, to be called first past the post in the ballot question, is difficult for some voters to understand. That underlines the no campaign’s view that it should have been called the current system. As a more neutral description, that might have been better and more intelligible. These are subjective judgments, but the commission decided not to accept that suggestion. It also declined to accept our suggestion that the new system should be called the optional preferential voting system with instant run-off, which explains in more detail what it actually is. We are therefore left with some difficulty in explaining the systems.
Amendment 247 would provide that unless both the yes and the no campaigns are satisfied that the information being sent out is completely neutral, they should have the right of veto over it. That would be completely fair and equal, and would provide a safety valve, because there would be no possibility of information going out about which one campaign could cry foul.
Chris Bryant
This has been an interesting discussion. In a sense, at the back of this debate lies the fact that the vast majority of voters do not spend all their time worrying about voting systems. For that matter, they do not spend much of their time worrying about party politics or politics in any shape or form. In July, I knocked on a door to ask someone to vote Labour in an election. He said, “I am never, ever going to vote Labour again in my life because you just increased VAT.” When I said, “But we haven’t,” he replied, “You’re the Government aren’t you?” I said, “No, we’re not,” and he said, “Well, you were earlier this year.” I suppose that is a version of the argument that Conservatives and Liberal Democrats use all the time.
There is a serious point. Sometimes, when it comes to explaining voting systems, it is not so much that voters are not bright enough to understand, but simply that their eyes glaze over, because they think, “Why on earth are you bothering to talk to me about this?”—[Hon. Members: “Hear hear!”] Listen: I am one of those who wants to reform the system. As we lead up to the referendum, it will be difficult to provide the kind of information that most voters would admit they ought to have in their heads before they vote.
That could quite simply be because voters are not always interested, but the right hon. Member for Wokingham (Mr Redwood) was absolutely right in saying that it is very difficult to arrive at a truly impartial presentation of the facts. From a theological point of view, that is true of nearly everything. We always underestimate how much our subjective opinions influence how we interpret and present the facts, and even what we choose to call a fact as opposed to something else. Certainly, that is true of the BBC. If the referendum were on the European Union or the Lisbon treaty, there would be even more excitement, and equal levels of misunderstanding and distrust of the system. The other aspect is that many voters simply do not believe anything that any politician says, so why on earth would they believe what is presented in the referendum?
There are specific matters on which there is enormous potential for quarrel in the material that the Electoral Commission will present. Let us say that the commission wanted to describe in its literature the advantages of a first-past-the-post system—the right hon. Member for Wokingham said that it could be presented as the person who gets the most votes wins. I would guess that every single one of those advantages would be disputed by someone on the other side of the argument. How on earth can the commission possibly arrive at a set of advantages or disadvantages of either system in the information? Similarly, some would argue that the alternative vote could lead to more hung Parliaments. That is highly contentious, but I am sure that the hon. Member for Harwich and North Essex (Mr Jenkin) would argue that that is a proven fact. I urge caution regarding the quantity of information that the commission will provide.
Interestingly enough—it may not be interesting to hon. Members, but it is to me—I had lunch today with some Chilean Senators and Members of Parliament who have accompanied President Pinera on his visit. They wanted to know exactly what alternative vote system was being proposed. They are experienced politicians and have just changed their electoral system, so I thought that they would know what the alternative vote system was. In their heads, they were working on the assumption that there would be a second round of voting rather than an instant run-off, to use the phrase of the hon. Member for Harwich and North Essex, because if nobody gets 50% in the first round of Chilean presidential elections, there is a second round.
Notwithstanding that, the Electoral Commission has made it clear that there is a need for information. Some of its findings from earlier this year are enlightening. Its report states:
“The vast majority had no knowledge of AV and did not know how to vote under the system or how candidates would win a seat…A few people who were more interested and engaged had found out about AV when they heard about the referendum. Some people, particularly in Scotland and Northern Ireland, said they ‘had heard of’ the system but did not know how it worked. They assumed it to be the same as the proportional representation systems used in elections there.”
Of course, that makes the point that it is difficult to use a phrase such as, “The system used in parliamentary elections now,” because the system for Scottish parliamentary elections is not the same. We cannot simply refer to “the present system” because the system is different in Wales. For that matter, some have referred to the system for electing the London Mayor, but that is different again, because voters have only a second preference vote rather than a fully alternative vote.
There is also a problem in relation to the presentation of materials. Notwithstanding the remarks of my hon. Friend the Member for Foyle (Mark Durkan), the weathered eye—or perhaps the battered eye—of politicians can sometimes be useful. We are used to decrying politicians and saying how terrible they are. Everybody wants there to be no more politicians ever again, but we do add value in some regards.
Mr Harper
Just in case the hon. Gentleman is unaware, four former politicians were appointed to the Electoral Commission on 1 October specifically to improve the commission’s understanding of the conduct of politics. They are very experienced figures and represent major and minor parties, and I would have thought them perfectly capable of steering the commission out of any choppy waters into which it were so minded to sail.
Chris Bryant
I am aware that those people were appointed because I was in the Chamber when the Whip with the billiard cue came in and announced it. However, they are not all elected. Some are experienced in running elections—certainly Lord Kennedy of Southwark is—and some have stood for office, but none the less, the weathered eye of a sitting, elected politician would be quite useful.
For instance, let us say that the commission decides to use Labour red for everything relating to a yes vote and Conservative blue for everything relating to a no vote. That would be problematic. A politician would spot it instantly, but many professionals who run elections would not, because they are attuned to different things. I say to my hon. Friend the Member for Foyle that there is a specific role for the Speaker’s Committee—I can see one member of that committee in the Chamber.
Perhaps the hon. Member for Corby (Ms Bagshawe) is used to editors editing her copy, or perhaps it goes straight through and clean into her books, but I do not think that members of the Speaker’s Committee on the Electoral Commission will want to interfere unnecessarily. They might just bring another valuable perspective to any material that is produced. There is no reason why that should lead to interminable delay, and I think it would be good if members and ex officio members of the committee were to bring their experience to deliberations.
The Minister pointed out that two committee members are also members of the Government, and he is right: there is the Minister for Housing and Local Government who is a Conservative, and there is the Deputy Prime Minister who, at least for the moment, is a Liberal Democrat. Of course, in their personal capacities the two of them will reach different conclusions coming from different sides of the argument, but in their ministerial capacities, they will agree on neutrality. Therefore, in making his observation the Minister adds to my argument, rather than takes away from it.
Finally, I have a bone to pick with the right hon. Member for Wokingham. He referred to the Minister speaking from his ex cathedra pulpit, and I just point out that one is either speaking ex cathedra or from a pulpit. The cathedra is the throne on which the bishop or Pope sits; it is certainly not a pulpit.
I will press my amendment to a Division, although I very much hope that the Minister will agree to it, notwithstanding his earlier complaints.
Question put, That the amendment be made.
The Committee proceeded to a Division.
The Temporary Chair (Mr Roger Gale)
I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.
Mr Brady
My hon. Friend is absolutely right. If I am not mistaken, his wife is American. In the United States, it is a given that citizenship and the right to vote go together. At the very least, we should expect that when we choose to extend the right to vote to non-British citizens—
Chris Bryant
The hon. Gentleman has started a theme running in my mind now. Please will he tell off the hon. Member for Crawley (Henry Smith)? It is impossible to be “almost unique”. It is a bit like pregnancy; something either is or is not unique. In regard to one of the amendments tabled by the hon. Member for Altrincham and Sale West (Mr Brady), the truth is that we have reciprocal arrangements with the Republic of Ireland.
Mr Brady
Yes, we have reciprocal arrangements, although they are often not entirely symmetrical. For example, I believe that there is a qualifying period of residence for a British citizen in the Republic of Ireland before the reciprocal arrangement comes into effect. As a Brady, I hold no malice whatever towards those of Irish extraction, but, as the hon. Gentleman knows well, we allow an entirely different situation to exist in relation to citizens of Commonwealth countries. We have reciprocal arrangements with some of the smaller countries—typically the Caribbean countries, some of which have provided a significant number of residents in this country. However, the bigger Commonwealth countries such as India, Pakistan, Australia, Canada and New Zealand offer no reciprocal rights to British citizens living in those countries, even though we allow their citizens to vote when they are here.
Mr Brady
I am grateful to my hon. Friend, who has made the point brilliantly. The requirement that one should be a member of this country—that we should extend voting rights only to those who are fully part of our country—would surely seem entirely normal and entirely rational in almost any country of the world. However, as my hon. Friend says, it seems even more so when we are considering the nature of our democracy and the rules on which we base our constitution for the future.
As I make these brief remarks, I stand here in a spirit of enormous optimism—which is my usual state—because I happen to know that the Opposition support my position. At the very least, they supported the position that my amendments encapsulate as recently as 2008, when, in the document “Citizenship: Our Common Bond”, Lord Goldsmith said:
“Voting in all elections, along with holding a passport, is the ultimate badge of citizenship.”
He went on to say that
“I do propose that government gives consideration to making a clear connection between citizenship and the right to vote by limiting in principle the right to vote in Westminster elections to UK citizens. This would recognise that the right to vote is one of the hallmarks of the political status of citizens: it is not a means of expressing closeness between countries.”
That deals with the concerns that many of us might feel. We have a real strength of affection and affinity for the Commonwealth and we would not wish by any means to offend Commonwealth partners or their citizens. Citizenship carries some rights, but they are entirely different from those that come from that closeness, friendship and relationship between countries, just as Lord Goldsmith said.
Chris Bryant
Yes, I am pregnant again with this issue. The hon. Gentleman should not confuse the views of a former Minister with the views of the Labour party. It sometimes seems that former Ministers hold all sorts of fascinating views that they did not hold when they were in office—[Interruption.] I include myself in this. One day the Minister of State, Foreign and Commonwealth Office, the hon. Member for Taunton Deane (Mr Browne), will be a former Minister and he might then have some views. The hon. Member for Altrincham and Sale West (Mr Brady) should not confuse the views—that was not the Labour party’s view at all.
Mr Brady
I have always found the hon. Gentleman to be commendably consistent. I hoped that that would be evidenced this evening, should he be called upon to enter the Division Lobby on these matters. My optimism is not bounded even by the shadow Minister’s words of caution, because my hon. Friend the Minister also appears to endorse the sentiments that I have expressed.
Mr Brady
I hope that the hon. Gentleman will recognise that I tabled amendment 60 in a spirit of compromise with the intention of avoiding re-opening difficult debates that had taken place at the time of the Good Friday agreement. It is of course an inconsistency set against amendment 59, but that is its sole purpose.
Chris Bryant
I am grateful to the hon. Gentleman, who is being very generous, for giving way. May I clarify something? I realise that the amendments relate only to the referendum, but does he think that the perfect normality to which he has referred should apply to general elections? In other words, does he think that Commonwealth citizens should no longer be allowed to vote in British general elections, too?
Mr Brady
Absolutely. Like Lord Goldsmith in the document that I have quoted, I think we should move towards a position in which we treat the right to vote in a general election in this country as one of the rights and privileges that go hand in hand with full citizenship. I would like to see that happen. Clearly, it goes beyond the scope of this Bill—it is a debate that is yet to happen—but I hope it is a debate that we will have, because I think that most people in this country would be quite surprised even to hear what the franchise is for a general election. I certainly think that the hon. Gentleman and most other Members of this House would be hard pressed to advance a compelling case for the strange mishmash of franchise that I have set out this evening. We should simplify it and we should set out that important principle. I hope that the Opposition will continue with the rational position that was adopted on this subject in the previous Parliament.
Chris Bryant
I congratulate my hon. Friend the Member for North East Derbyshire (Natascha Engel) on providing us with the amendment to debate this evening, and on the manner in which she presented her case. It showed that one can make a forceful case with a considerable degree of humour, and I think that we all enjoyed it. Indeed, it was one of the most enjoyable speeches that I have heard in the House for many a long year.
I was going to say that I was once a 16-year-old, but I am not entirely convinced that I ever really was; I think that I am going back to my childhood now. Several hon. Members referred to the issue of 16 and 17-year-olds, and I know that hon. Members in the Liberal Democrat party are trying to find reasons why they do not have to vote against the Whip this evening, but I honestly say to them, “You’re either in favour of votes at 16 and 17 or you’re not, and if you are you should be voting in favour of votes at 16 and 17 in the next election, which may be held next May.”
Otherwise, it seems to me that the Liberal Democrats really are taking to heart the words of Homer Simpson, when he said:
“Weaselling out of things is important to learn. It’s what separates us from the animals—except the weasels.”
I know that the hon. Member for Bristol West (Stephen Williams) is not a weasel, and I know that none of the honourable people currently sitting on the Liberal Democrat Benches is either, so I hope that they will stick with their manifesto commitment, which was to vote in favour of votes at 16 and 17. The most recent vote on the matter, held before the general election, was a free vote for Labour Members, and the Labour party will have a free vote again this evening.
I happen to support votes at 16 and 17, simply because we ask young people to do many things in modern society, and they are aged in many ways. We now expect them to take on significant levels of debt, and to consider doing so before they go to university, and I honestly believe that if they can make decisions about whether they can parent, about whether they have children, I think that they should also be able to decide who governs the country. That is not the precise proposal in the amendment before us, because it relates merely to the referendum, but I think that general election votes should also apply to that age group.
I am afraid that I find the amendment that the hon. Member for Altrincham and Sale West (Mr Brady) tabled quite disturbing and unpleasant.
Chris Bryant
I am not over-egging it. Remarkably few people have migrated to my constituency of the Rhondda over the past 80 years, except from Ireland and England, so this is not an issue about who is and is not able to vote in my constituency. However, I rather like the fact that some elements of our law on citizenship are slightly fudged. I like the fact that we still emphasise the bonds of the Commonwealth sufficiently to be able to say that if an Australian works in this country in a bar as part of their gap year, is resident here, pays their taxes and is working, by virtue of their citizenship of Australia they are allowed to vote.
Let us refer to the Republic of Cyprus. Many north London Conservative MPs would reckon that it was not without the Cypriot vote in the general election that they were elected. In addition, if we were to disfranchise the large number of Greek Cypriots in north London and, for that matter, south Wales, we would be saying to them, “Please don’t engage in the British political system,” and doing so at a time when their engagement with the British political system enables us to engage better with the problem in Cyprus, which is still a divided island, with a divided capital city and all the problems about which this Committee knows.
Mr Brady
The shadow Minister may be disturbed, and I apologise for that, but, first, those Commonwealth bonds should be reciprocal, and they are not in the instances that he has set out. Secondly, on the Cypriot community in this country, can the hon. Gentleman give us any reason why somebody who chooses to make their home here permanently and wishes to be a part of our political process should not seek British citizenship?
Chris Bryant
Of course I want to encourage people to take up British citizenship, but our legislation is shaped as it is because of Mrs Thatcher. She introduced the British Nationality Act 1981, followed by the Representation of the People Act 1983, which guarantees citizens of Commonwealth countries the right to vote in this country. I very rarely say so, but on that occasion Mrs Thatcher got it right. [Hon. Members: “Resign!”] I think I might have lost the Rhondda there. There are other occasions on which I do not agree with her very much.
Let us take another instance. Papua New Guinea was never a British colony. It was an Australian colony and, therefore, part of the Commonwealth, but I delight in the fact that, because the main sport in Papua New Guinea is rugby league, Papua New Guineans come to the UK. There are some significant and famous Papua New Guineans playing that sport in northern England, and I am delighted that while they are here, they want to take an active part in British politics and are able to vote.
For that matter, I am delighted that Fijians, in significant numbers, want to join the British armed forces. All hon. Members will want to pay tribute to the role that Fijians have played in Iraq, in Afghanistan and elsewhere. Fiji is no longer a Commonwealth country, because of the situation in Suva, the military regime there and the fact it does not seem to have in place a direct course back to democracy, so I ask the Minister, why have we not amended the list under schedule 3 to the 1981 Act? Does he feel it right to leave it precisely as it is?
I say to the hon. Member for Altrincham and Sale West that the bond that I cite in relation to the Commonwealth also applies to Ireland. It is pretty difficult to unpick our entire historical relationship and the steady process towards peace on the island of Ireland, but through the hon. Gentleman’s amendment there would be a real danger of him doing so. I value our relationship with the Republic of Ireland. It is important that British people be able to continue to vote there, and others here.
Chris Bryant
The hon. Gentleman may be about to raise the issue of whether the relationship should be directly comparable, and perhaps it should be, but my instinct would be to say that if one wants to move towards greater compatibility or to reciprocal arrangements between different countries, one should do so through a Representation of the People Act, not a referendum Act.
Mr Brady
I am grateful to the hon. Gentleman for giving way, but I was not going to make that point. I have said that I am an eternal optimist, and as one door closes another door opens, so, given the importance of the bond between people in different countries, which he believes gives rise to a right for them to vote in elections in this country, I assume that he is about to say that British expatriates, who may wish to return to this country in the fullness of time, have at least an equal bond, and that he will therefore endorse amendment 61 later this evening.
Chris Bryant
That is quite interesting, because rather bizarrely I spent a lot of the general election in Spain, trying to help British people get home during the ash cloud problem. Indeed, it was as difficult to get to Spain as it was to get back, so it was a slightly complex mission. I am conscious that about 1 million British people live in Spain, and that about 800,000 live in France, and many exercise a right to vote because they have a second home either in the UK, Spain or wherever. However, when they no longer participate in British society, it is difficult to see why, after 15 years, they should continue to have the right to vote as an overseas voter. In actual fact, the number who use their vote is infinitesimal. That is partly because of the difficulty of voting by post. I suppose that arrangements could be made for voting in embassies, consulates-general and so on around the country, but I am not sure that it is worth the effort. After 15 years, there is a good argument to say that if someone has no direct investment in the future of the United Kingdom, then it does not apply.
Mr Charles Walker
I am trying to follow the Minister’s argument. Is he saying that rugby league players from Papua New Guinea playing in the north of England should have a right to vote in a referendum on the future voting system in the United Kingdom?
Chris Bryant
The hon. Gentleman is sitting next to the hon. Member for Altrincham and Sale West—a man who just described himself as an eternal optimist. They are both so optimistic that they are still referring to me as a Minister, which is a delight. Of course, the hon. Member for Broxbourne (Mr Walker) knows perfectly well that that is not the argument I am making; I know that because he did that little shrivel-up of his nose that he sometimes does when he is about to make a mischievous contribution in debate.
The basis of my argument is that the bonds of the Commonwealth are important, and I have given a couple of instances of that. We have significant numbers of people from these various communities in the UK. Many of them have been resident for some time, pay taxes and contribute to British political life, and I would like them to be able to remain in the same situation. The situation is not broken, and so, to use an old Conservative principle, I do not see the need to fix it. Particularly in relation to the Republic of Ireland, it would be a step completely in the wrong direction to try to unpick the relationship that we have managed to maintain over the past few years.
Another issue that has been touched on only slightly relates to the overseas territories. We should consider, not directly in relation to this referendum, but certainly in relation to the future, how overseas territories are represented in the context of the British Government. There is an degree to which we still decide matters for the overseas territories. For instance, in recent weeks the Government have decided to overturn the decision on borrowing in the Cayman Islands and allowed the Cayman Islands to remain as a tax haven. I believe that that is entirely a mistake, and that the finances of Cayman are unsustainable. It is therefore important that we find some means of ensuring that the overseas territories have some form of representation.
I want to ask the Minister a couple of other questions about why the Government have introduced the clause precisely as it is. I presume that we will not have a clause stand part debate, so I will mention these points now, if that is all right, Ms Primarolo. I do not understand why peers should be allowed to vote in a referendum on elections to the House of Commons. That seems slightly odd, because all the other provisions relate to those who are able to vote in elections to the House of Commons. Perhaps the Minister will be able to enlighten us. In particular—this may be down to my personal stupidity and inability to read legislation—[Interruption.] Undoubtedly it is, yes. I see that the hon. Member for Worthing West (Peter Bottomley) has swapped sides and decided to join the ranks of the Labour party: he is very welcome.
I asked the Minister about clause 2(2) earlier, so by now he might have had some inspiration from the officials. No, I see that he is not going to get any inspiration from them because they are all shaking their heads furiously. The clause makes provision for peers whose only right to vote will be by virtue of being able to do so through the City of London—for instance, as an alderman—and therefore not by virtue of their residence. Precisely how many people does he think that that catches?
Can the Minister tell us about the position of the bishops? As he will know, some bishops arrive in the House of Lords automatically and some arrive on a sort of episcopal escalator that takes them up there once they are among the longest-standing bishops of the Church of England, as long as they are diocesan, not suffragan or area bishops. What happens to bishops once they are no longer taking their ex officio seat? Will they be allowed to vote? What provisions does he think should be made for the future?
Mr MacNeil
How close does the hon. Gentleman think that this referendum might be?
Chris Bryant
I am hoping that it is some time distant yet. I hope that it will not be on 5 May, but so far we have not won any of those votes.
I hope that the hon. Member for Altrincham and Sale West will press his amendment to a vote, and I look forward to pushing lots of leaflets through doors pointing out who he has decided to disfranchise. I hope that the amendment tabled by my hon. Friend the Member for North East Derbyshire is carried. I look forward to putting lots of notes through doors in Liberal Democrat constituencies pointing out who they have chosen to disfranchise because they are not prepared to follow up what they truly believe.
Mr Harper
I did say that it was perfectly normal in other countries, but my hon. Friend knows that this country is special—[Interruption.] It has a unique history and we are where we are because of the experiences that we have had in the past. As Conservatives, we should not lightly throw off those historical resonances—
Chris Bryant
I hate to say it, but I agree with that last sentence. In offering solace to Conservative Back Benchers, the Minister seemed to suggest that he is actively considering whether Commonwealth citizens should be removed from the franchise for parliamentary elections. Is that true?
Mr Harper
I chose my words carefully and I said that I would think about it. There may be an opportunity in the future, when the House considers a wider Bill, when it would be appropriate to debate it. Even if the Government did not bring forward such proposals, hon. Members would table amendments—as they have for this Bill—and give us the opportunity to debate the matter.
Chris Bryant
That is clear, and I am grateful to the Minister. Can he answer the question that I asked earlier about Fiji?
Mr Harper
Fiji has been suspended from the Commonwealth, and the usual practice is that in such cases we do not take steps to remove the right of qualifying citizens from those countries to vote in our elections.
It is worth saying that the right of Commonwealth citizens to register to vote is restricted in electoral law to qualifying Commonwealth citizens—those who do not require leave to enter or remain under the immigration legislation, or those who do require leave but have it. I say that because my hon. Friend the Member for Aldridge-Brownhills suggested that in some constituencies significant numbers of illegal immigrants had managed to get themselves on to the electoral register and that there was no duty on electoral registration officers to do anything about that. But that is not the case. Electoral registration officers have a duty to maintain an accurate and complete register and to inquire whether people are eligible to be—
Mr Harper
As I said in my intervention on the hon. Lady, she has not thought through her argument. She has tried to make two different arguments for her amendment, and they do not really make sense. Her argument that people who will be voting at the next general election, on 7 May 2015, should have a say in the referendum would imply logically that people who are 14 next year—four years before the election—should be able to vote in the referendum too. Even she, with her campaign to lower the voting age to 16, has not proposed that, because she knows perfectly well that a proposal to allow 14-year-olds to vote would get laughed out of court, even by those who propose lowering the voting age to 16.
The hon. Lady’s argument does not stack up or make any sense. If we take her argument to its logical conclusion—picking up on the point made about a new voting system kicking in in perpetuity—we should enfranchise everybody alive today, because at some point in the future they will be voting in a general election based on the voting system bought in by the referendum next year. That simply does not make any sense. So we have adopted the usual position in this country, which is that to be able to vote in an election, one must be an adult, which in our system means being 18.
Chris Bryant
As far as I can see, the Minister’s argument is that we should use the franchise used for parliamentary elections, but he makes one enormous exception, which is for the peers. [Interruption.] It is not a small exception; it is a large exception. These are the people who are least experienced in dealing with parliamentary elections. I say that not because I have any distaste for peers—some of my best friends are peers.
Chris Bryant
Indeed. Nevertheless, what is the logic behind the Minister’s argument for specifically exempting the peers?
Mr Harper
Let me deal with that point, and then I will finish off on the general point. Very simply, we considered the franchise, but we made one exception because, the usual argument for peers being excluded from voting for Members of this House is that they are Members of this Parliament. However, we did not think that that restriction made sense in a vote on the voting system, and we therefore decided to make that change. That is the only exception that we have made, and it is a very limited change—I think it unlikely that the result of the referendum will be swung by Members of the upper House.
Let me conclude on the point that the hon. Member for North East Derbyshire raised. Her argument is a perfectly reasonable one, albeit one that I happen to disagree with, but just as I said to my hon. Friend the Member for Altrincham and Sale West, this is not the place to make it. If we were having a debate about voting in general, she would be perfectly entitled to put that view before the Committee and to test the Committee’s opinion. However, for the referendum in question, it does not seem sensible to do that. Her argument—that people who will be affected by the election in 2015 should be entitled to vote in the referendum on the voting system—simply does not make sense, because it would mean giving 14-year-olds the vote in that referendum.
Mr Harper
The amendments make minor and technical drafting changes to the Bill. Amendments 267 and 269 change the deadline for issuing the notice of poll in the rules for the conduct of the referendum from 16 to 15 days before the poll. The change is necessary to ensure that the combination provisions, which we tabled earlier today, work in the right way.
The rest of the amendments contain a series of miscellaneous minor technical amendments and corrections. I am happy to discuss them further if Members are interested in the detail. I commend them to the Committee.
Chris Bryant
I briefly note the Minister’s point of information earlier. However, there are several amendments on the Order Paper and if he thinks that we shall not reach them because he has not allowed enough time, that is his problem. To force a vote, rather than hold a debate, is a disgrace.
I am always profoundly disturbed when I see the words “minor and technical amendments”, because all too often far too much can be hidden away in the detail. The Minister skirted over the change of the notice of poll from 16 to 15 days. As he rightly says, that is because of the combination of polls, but there is no need to have a combination of polls next year. As we have rehearsed many times already today, and on our previous day in Committee, we do not need to hold the elections on the same day, in which case 16 days could be provided for the notice of poll, which would be more sensible. I should be grateful if the Minister explained why he thinks it is better to have 15 rather than 16 days’ notice of poll, in particular because it is more difficult for overseas voters to know when an election is happening. Does he not think that if the elections were on different days, they would have more time? Why is it important to have just 15 days?
Amendment 171 would remove sub-paragraph (4) of paragraph 21, which relates to the keeping of order in polling stations. The paragraph states:
“It is the presiding officer’s duty to keep order at the officer’s polling station…If a person engages in misconduct in a polling station or fails to obey the presiding officer’s lawful orders, the person may immediately, by the presiding officer’s order, be removed from the polling station.”
Sub-paragraph (4), which the amendment would remove, states:
“A person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.”
I do not know why the provision was originally included, or for that matter why it is being removed. What has prompted this change of view? I presume it is nothing to do with the technical wording of the statement, in that the person might not have been charged when he was actually in the polling station, but might have been charged with committing an offence in the polling station. However, I should be grateful if the Minister enlightened us. Some of the other amendments indeed seem to be technical.
Mr Harper
Last week during our first day in Committee, we had an extensive debate on the date of the referendum. I know that the hon. Gentleman argued a different point, but the Committee took the view, by a significant minority, that it wished the election to be on 5 May next year. Given that, it absolutely makes sense to ensure that we combine the elections, so that we make the administration more sensible and make significant financial savings. We have had that argument, and it seems to me that he is seeking to reopen it.
On amendment 171, the hon. Gentleman referred to the fact that sub-paragraph (4) was an outdated provision; to be quite honest, that is why we have removed it. It is simply not necessary.
Chris Bryant
What has changed since the Bill was brought forward that has made the provision outdated?
Mr Harper
I think it is more the case that we copied across to the Bill a lot of the existing rules. This is a minor, technical change, but on going through the rules more closely, we decided that the provision was no longer necessary. We are simply tidying up the legislation, which I think is perfectly sensible. These are, as my right hon. Friend the Leader of the House often says, running repairs.
Amendment 267 agreed to.
Amendment made: 170, in schedule 2, page 27, line 33, leave out ‘education’.—(Mr Harper.)
Chris Bryant
I beg to move amendment 354, page 27, line 37, at end insert—
‘(iii) a school which enjoys charitable status.’.
The Second Deputy Chairman
With this it will be convenient to discuss the following:
Amendment 355, page 27, line 38, leave out from ‘Scotland’ to end of line 39 and insert
‘any school other than those which are run as profit-making enterprises’.
Amendment 356, page 27, line 41, after ‘Assembly’, insert
‘or a school which enjoys charitable status’.
Chris Bryant
The amendments are in my name and that of my right hon. Friend the Leader of Her Majesty’s loyal Opposition. Historically, legislation has always provided that the returning officer is able to use polling stations in state-provided schools. For many people up and down the land, when they go to vote, they expect to turn up to a school. Normally it is their local primary school, but provision may be made in their local secondary school. Sometimes, where schools have disappeared, there is a problem with the local returning officer finding a suitable venue. Of course, there is an impact on local state schools: sometimes they have to be closed because there is no other means of providing that the returning officer can use the entrance and make sure that there is security for the children in the school.
These are three simple amendments, the first of which—amendment 354—would insert in schedule 2, page 27, line 37, the words
“a school which enjoys charitable status”,
so that the provisions applied not just to schools provided by the state. We have used that term in relation to the law in England and Wales, because in those areas, independent schools with good facilities that might be made available could be so termed. To provide a similar provision for Scotland, we have tabled amendment 355, which would insert, in schedule 2, page 27, line 38, the phrase
“any school other than those which are run as profit-making enterprises”,
because the independent sector in Scotland works slightly differently.
I see that none of our Northern Irish colleagues is with us, but amendment 356 relates to Northern Ireland. We would not want to conflict with the provisions relating to Roman Catholic schools run by nunneries and convents, so we have not provided the exact same measure as for England and Wales, where “charitable status” covers the situation. We therefore suggest in the amendment that in schedule 2, page 27, line 41, after “Assembly”, we should insert
“or a school which enjoys charitable status”.
I recognise that there are those who would say, “Why on earth should independent sector schools be forced to act as polling stations?” I suspect that more independent schools are likely to say that they would quite like the income that might accrue. More importantly, I do not see why state-provided schools should be regularly used and should therefore undergo the upheaval that polling stations cause, but the independent sector which, in the main, enjoys charitable status and is therefore able to have tax benefits, should not be required to provide the same facilities.
The Minister may say, “We think this is an unnecessary measure.” Our point is that it should be a matter of fairness. The provision should apply across the board. It should not be state schools alone that are inconvenienced. The inconvenience should be shared by all. In addition, some preparatory schools or public schools would be able to provide the necessary facilities relatively easily, without any major inconvenience to them.
In recent years we have seen a considerable attempt by schools in the independent sector to open their doors so that they are far more engaged in the local community. This is an opportunity for them to be engaged in the political process. I hope the amendments will be acceptable to the Government. I am sure they would not want to defend the present injustice.
Jacob Rees-Mogg (North East Somerset) (Con)
I am slightly puzzled as to why schools attached to religious establishments in Northern Ireland should be excluded, but not those in England and Wales. I can think of a number of Roman Catholic schools attached to monasteries that it might be wise to exclude in the amendments.
Chris Bryant
I know personally only one public school in England and Wales that is attached to a monastery, which is Ampleforth. There is also Downside. I know of a considerable number of others, and many are attached to Anglican foundations in various ways, such as Charterhouse. The point I was making was specifically in relation to the Northern Ireland settlement. I now have two Northern Ireland colleagues present. I did not want to disturb the complex equilibrium that sometimes exists in relation to these matters in Northern Ireland.
In the case of Ampleforth, for example, which has a large number of pupils over the age of 18 and a large number of teachers who live on a very large campus, I see no reason why there should not be a polling station for Ampleforth itself. That might apply to a number of the larger public schools which, to all intents and purposes, would represent as large a polling district as some other polling districts. The amendment does not require any action to be taken against public schools. I hope they would see it as an enabling measure so that they might be able to encourage more of their students to vote.
I still hope the Minister will support the amendments.
Mr Harper
I fear I may disappoint the hon. Gentleman. The amendments would compel independent schools to be used for electoral purposes and for the referendum, should the local authority decide that they are the most suitable place for such a purpose. Electoral legislation at present provides that all publicly funded schools can be used as polling stations, and we are applying those provisions to the referendum. So that there is no doubt, following discussion with the Department for Education we can confirm that academies and free schools will fall within those provisions as well.
Under the Bill, as in electoral law generally—
Chris Bryant
The Minister hurried on there. Following discussions with the Department for Education, he says that the same arrangements will apply to academies and free schools, but under what Act is that made clear? Is it made clear in the new legislation that was rushed through Parliament earlier this year?
Mr Harper
It is clear that schools that are publicly funded and receive Government grants fall under these provisions. Schools that do not receive Government grants do not. I was setting that out for the benefit of the Committee, in case there was any doubt. I see no need to labour the point.
Under the Bill, as in electoral law generally, independent schools cannot be compelled to act as polling stations for other electoral purposes unless they receive Government grants. But, to pick up the hon. Gentleman’s point about how he hoped that his amendment would be an enabling measure, there is nothing in the law to prevent such schools from serving as polling stations voluntarily. So there is nothing in the law to prevent all those schools that he mentioned from acting as and hosting a polling station, particularly if they have lots of students of voting age. They can make that offer to the local authority, and the local authority can take it up; there is nothing at all to stop a school doing so.
On the hon. Gentleman’s wish for the amendment to be an enabling measure, I must say that it is simply not necessary. I do not see any need at all to change the arrangements, which work well. There is nothing to stop such schools volunteering their premises, and I see from his examples that there may well be benefits to the schools and to their students, so I urge him to withdraw this unnecessary amendment.
Chris Bryant
I shall not withdraw the amendment, because I do not accept the premise on which the Minister has advanced his argument. I presume that in his definition of a school for the purposes of the provision, he relies on paragraph (9)(3)(a) of schedule 2, which states that it is either
“(i) a school maintained or assisted by a local education authority;”
or
“(ii) a school in respect of which grants are made out of moneys provided by Parliament to the person or body of persons responsible for the management of the school”—
including, therefore, all the free schools. From the way he was talking, however, it seemed he was suggesting that he had come across some new reason in his conversations with the Department for Education which proved that free schools would be included.
The Minister is right that anybody can apply to provide a polling station. Indeed, some members of the public have said, “In my street, there is no provision,” or, “In my little village, there is no provision, so if you would like to use my house feel free to do so.” However, I am not aware of any public school or independent school having sought to do so. The Minister did not meet the point that for many state schools there is an inconvenience attached to providing a polling station. The law requires them to do so free of charge, but it does not require anybody else so to do.
The Minister’s distinction is based on whether schools are in receipt of moneys or not; my point is that if a school benefits from a favourable tax regime, namely the charitable status that attaches to large parts, although not all, of the independent sector, they should have a concomitant responsibility to provide such facilities. Many public schools are quite happy to provide on a limited basis their sporting facilities—swimming pool, gym or whatever—to the wider community, and such provision might apply to the situation before us, too. I shall therefore press the amendment to a vote.
Question put, That the amendment be made.
Chris Bryant
Notwithstanding what I said earlier about technical and minor amendments, sometimes they are actually technical and minor amendments, and I do not want to delay the Committee too long.
I have two points. First, I do not understand why, in amendments 274 to 278—and, for all I know, in a couple of the others as well—the question has to be asked not just about “the referendum”, but about the referendum
“on the voting system for United Kingdom parliamentary elections.”
I am not aware of many other referendums coming down the line on that date, so the amendments seem rather otiose and verbose. Will the Minister enlighten me on why they are thought necessary?
Perhaps a more serious point is that several of the amendments—in particular, amendments 287, 291, 293 and 296 to 298—replace the direction to vote just “once” with the direction that people should vote “in one box” only, which is slightly confusing, especially given that we will be having a combination of polls. Elsewhere, schedule 2 provides that there may be more than one polling station in a room, which is quite common because two polling districts might be using the same polling station—so there might be two desks with two electoral registers and two boxes. I presume, however, that in Wales and Scotland, there could be four desks with different registers, given that there are different electoral registers for the different elections—for the referendum and the elections. There could, therefore, be four ballot boxes in the room, and people might be expected to mark two boxes. So the inclusion of the words “in one box” is rather misleading.
As the Minister will know, a ballot paper will often contain the name of the candidate—for example, “No. 1: Chris Bryant”—followed by the address or whatever the candidate has allowed on there, followed by the party and finally the box. I presume that returning officers will be allowed to count as valid votes, as they do in parliamentary and other elections, any ballot paper on which the signifier, which could be an X or in some cases a tick, has been marked anywhere along the line of the yes part of the question—in other words, not in the one box specified as the box in which the person is meant to put their cross, but at any point across the whole of that line.
First, therefore, does the Minister think that extending the question on “the referendum” is necessary or otiose? Secondly, by inserting the words “in one box”, will we not actually make the situation worse? At combined polls, people will expect to vote in two ballot boxes and to mark two boxes on two forms, and whether they do so in the little box itself or in the wider area on the ballot paper will be of material significance. I would be grateful if the Minister enlightened us on those matters.
Mr Harper
The point about mayoral referendums is that some may indeed be held. Where there are mayoral referendums, we simply wish to capture them and cover that circumstance. The hon. Gentleman may think that the provision is otiose, but we thought it sensible to be clear.
On the hon. Gentleman’s point about amendment 287, amendment 291, and so forth—his point about putting an X in one box only—we are following a recommendation from the Electoral Commission, which I understand it has tested, to make voting instructions clearer. I recognise that he thinks that that might lead to some confusion, but we do not propose to change the normal rules that apply for elections or the test that returning officers adopt to determine whether a vote is validly cast. For example, as long as someone has made clear their intention, the usual rules apply. So, if they have not put an X, but drawn a little smiley face, or if the mark is partly in one box and partly in another, but what the voter intended is clear, the usual rules will apply and returning officers will attempt to ensure that such votes count. Those are the normal rules for elections that we are all used to, so where there is doubt, if the returning officer thinks that there is clarity about someone’s intention but then does the usual check with the counting agents, that vote will be allowed.
Chris Bryant
I was not aware that a smiley face was a signifier of assent, but I hope that that matches present practice. The Minister may know more about that than I do, but if he is wrong, he will doubtless correct his statement later. However, the bit that the Electoral Commission has not been able to check is how the system works where combined polls take place in the same room and where a voter has to go to two desks to cast two votes, and therefore votes twice. That is the bit on which I am seeking clarification.
Mr Harper
Just to return to the other point, of course the rules talk about putting down an X, but it is usually the case in elections that if someone has made a mark and signified a clear intention, the returning officer will normally accept that, although that is usually run past the counting agents. That is the usual practice and we do not propose to change it. We do not want to disfranchise anybody unnecessarily.
As for the hon. Gentleman’s point about voters perhaps being confused by the number of ballot boxes, personally I think that he is making a point for the sake of making a point, but let us assume for the sake of argument that he is trying to make a sensible point. Given that the proposal was adopted following a recommendation from the Electoral Commission, I will draw his concerns to its attention, and it can see whether they have any validity. The chief counting officer has the ability to amend some of the other forms and instructions given to voters, so I will draw the matter to her attention and see what the Electoral Commission thinks, which is perhaps the most reasonable thing to do in the circumstances.
Amendment 268 agreed to.
Amendments made: 269, page 28, line 8, leave out ‘16th’ and insert ‘15th’.
Amendment 270, page 29, line 6, leave out paragraphs (3) and (4) and insert—
‘(3) In England, the polling station allotted to electors from any parliamentary polling district wholly or partly within a particular voting area must, in the absence of special circumstances, be in the parliamentary polling place for that district unless the parliamentary polling place is outside the voting area.
(3A) In Wales, Scotland or Northern Ireland, the polling station allotted to electors from any polling district must be in the polling place for that district.
(4) The polling districts and polling places that apply for the purposes of paragraph (3A) are—
(a) in Wales, those that would apply by virtue of provision made under section 13(1)(a) of the Government of Wales 2006 in respect of an election for membership of the National Assembly for Wales held on the day of the referendum;
(b) in Scotland, those that would apply by virtue of provision made under section 12(1)(a) of the Scotland Act 1998 in respect of an election for membership of the Scottish Parliament held on the day of the referendum;
(c) in Northern Ireland, those for the time being established under the law relating to local elections with the meaning of section 130 of the Electoral Law Act (Northern Ireland) 1962.’.
Amendment 271, page 29, line 41, at end insert—
‘This paragraph is subject to paragraphs (1A) and (2).
(1A) An official poll card must not be sent to a person—
(a) as an elector, if the person is entitled to a postal vote in Northern Ireland;
(b) as a proxy, if the person is entitled to a proxy postal vote in Northern Ireland.’.
Amendment 272, page 30, line 23, leave out sub-paragraph (b).
Amendment 273, page 30, line 27, leave out sub-paragraph (d).
Amendment 171, page 35, line 3, leave out sub-paragraph (4).
Amendment 274, page 35, line 31, after ‘referendum’ insert
‘on the voting system for United Kingdom parliamentary elections’.
Amendment 275, page 36, line 5, after ‘referendum’ insert
‘on the voting system for United Kingdom parliamentary elections’.
Amendment 276, page 36, line 9, after ‘referendum’ insert
‘on the voting system for United Kingdom parliamentary elections’.
Amendment 277, page 36, line 22, after ‘referendum’ insert
‘on the voting system for United Kingdom parliamentary elections’.
Amendment 278, page 36, line 35, after ‘referendum’ insert
‘on the voting system for United Kingdom parliamentary elections’.—(Mr Harper.)
Chris Bryant
I beg to move amendment 352, page 37, line 26, after ‘contrary’, insert
‘including any validly registered voter who presents himself to the polling station before 10 pm but, because of a queue, is not immediately able to vote’.
The amendment seeks to rectify the situation that we saw in the general election this year, when, as hon. Members will know, in several constituencies around the land people turned up to vote at 9.40 pm, 9.45 pm, 9.50 pm or 9.55 pm, but could not cast their ballots. Indeed, they were not provided with ballot papers because they could not get through the doors, as there were queues of people wanting to vote. I hope that all hon. Members thought it a bit of a scandal that although people have historically said that England is the mother of all Parliaments, and although we pride ourselves enormously on our historical past, we were not able to run—
Chris Bryant
Unfortunately it was a Liberal who first said that England was the mother of all Parliaments, so I can only excuse him. However, if the hon. Gentleman wanted to point out that the first Parliament was not on these isles at all, he would be absolutely right: it was the Althing, the Parliament of Iceland, which has sat since 929.
My point is that on election night we were deeply embarrassed by the fact that so many people were unable to vote in so many parliamentary constituencies. The Deputy Prime Minister himself said that the situation was simply unacceptable in a democracy:
“It is not right that hundreds later found themselves unable to exercise their vote when the polls closed. That should never, ever happen again in our democracy”.
In fact, the situation in his own constituency was among the worst in the land. The returning officer, John Mothersole—a name I have not come across before—apologised to voters who were turned away, saying that the council had “got things wrong.” He said that the turnout had been phenomenal, probably the highest in 30 years. That was not quite right—it was not the highest turnout in 30 years—but the fact that some 200 people were turned away in Ranmoor in Sheffield, Hallam and the police had to deal with an angry crowd of about 100 would-be voters is a clear indication that there is a significant issue to consider.
Chris Bryant
My hon. Friend is absolutely right. It is true that some people vote some days before the election when they vote by post, but for many people—those doing shift work, for example—it is vital to keep the polling stations open right up to 10 pm; otherwise, they would not be able to meet their work obligations as well as their voting duties.
Mr MacNeil
I saw how what the amendment proposes can work in practice in Venezuela, where I was once asked to be an international election monitor. When the time to close came, the polls stayed open until the queue of people had finished voting. It worked with no problem at all; it functioned very well in Venezuela.
Chris Bryant
Some people have had doubts about some of the Venezuelan elections, and I am not sure that we want to base what we do entirely on comrade Chavez’s elections. When I was the Minister with responsibility for Latin America, I was shown a hospital in Venezuela and on one occasion I saw the same woman in three different wards—to prove that the hospital was being used.
Mr MacNeil
Serious questions are often raised before elections, but that happens in this country, too. I do not want to leave people with the impression that there is anything specifically wrong with Venezuelan democracy. From what I have seen of that democracy, I know that both the opposition and the Government of that country were very happy with the process.
Chris Bryant
Perhaps we should stick to elections in this country, rather than worry about Venezuela. The point is that the amendment is designed to allow someone who has presented themselves to the polling station before 10 o’clock to enter it, receive their ballot paper and vote after 10’clock, even though there was a queue that prevented them from being dealt with by the officials immediately. This will be even more important if we end up with combined polls next year. In many areas in the Rhonda, there tends to be a fairly quiet period between 8 pm and 9.30 pm, but then there is a sudden surge of voters. If Assembly elections as well as the referendum are happening in the same polling station, with people having to approach two desks to provide the information necessary to get their ballot papers, the delay might well be increased. If local authorities are worried about whether the number of staff is sufficient to fulfil all the functions properly, that provides all the more reason to make special and specific provision for people to be able to vote, even though they are not in the polling station until after 10 o’clock.
James Morris (Halesowen and Rowley Regis) (Con)
May I press the hon. Gentleman on the definition of presenting at a polling station? At what point when someone arrives at a polling station do they present? Will someone stand outside the polling station to decide? How long would a queue be before someone is excluded?
Chris Bryant
Discussing the length of the queue would be a great British debate, but my view is that if there is a queue of 500 people, they should be allowed to vote. I do not think that anybody should be disfranchised just because the operation is not swift enough to allow people who present themselves at the polling station before 10 o’clock to vote immediately. As is clear in the amendment, presenting means standing in a queue if it is not possible to vote at once. If a person arrives at one minute to 10 o’clock, they should be able to go straight through the polling station door and talk to the returning officer and then be presented with a ballot paper. If necessary, that should apply to the two polls—the referendum and local elections.
I note that the Electoral Commission has continued to be concerned about late polling since the general election. Clearly, there was uncertainty in the application of the regulations in different parts of the country, because some returning officers were slightly more generous than others. As I understand it, the commission is keen for a resolution, and is broadly supportive of the thrust of my proposal.
I am very hopeful, as always, that the Minister might succumb to my ardent desire in relation to the amendment.
Mr Dodds
I should like clarification. I take it that the amendment applies to voting in the referendum, because that is the Bill that we are discussing. However, it would mean that an elector who turns up to vote in the Northern Ireland Assembly elections and in the referendum could vote in the latter, but not the former.
Chris Bryant
The right hon. Gentleman makes an extremely good point, and I am glad that Ministers appear to be taking it on board. Had they presented their changes to the Northern Ireland, Wales and Scotland legislation to allow for combined polls, I would be able to present proposals that dealt with that problem. However, because the Government are not proceeding in an orderly fashion—they are putting the cart before the horse—I can table an amendment only in relation to the referendum. Should the Government get their act together and present their other proposals, the Opposition would indeed seek to make provision so that people could receive both ballot papers when they present themselves at the polling station.
Additionally, some people might say, “I’m here, but there’s a queue. Which of the two ballots should I participate in before the 10 o’clock deadline?” That could lead to a degree of chaos and disorder in the polling station, particularly in urban areas. The amendment would be an important provision and we need to make it. As I said, I am very hopeful that the Minister will meet my ardent desire and agree to it.
Mr Harper
I fear that I might disappoint the hon. Gentleman again. Clearly, some of the scenes on election night did not do our reputation any good, but it is worth putting them in context. The Electoral Commission report states that there was a problem with queues in 27 polling stations out of 40,000 that were used for the May elections, and that about 1,200 people were affected out of the 29.6 million people who voted. I do not wish to underplay the position for those people, but it is worth putting the problems in perspective. The report also states:
“The main factors which contributed to the problems were evidence of poor planning assumptions in some areas”,
meaning that some areas used assumptions for the general election based on the turnout for local elections.
Chris Bryant
It would be all right for this argument to be advanced if it were not for the fact that the Government are not doing anything about the problem. The Deputy Prime Minister said this was something that should never ever happen again. I have heard the Parliamentary Secretary say that voting fraud absolutely has to be dealt with, and I completely agree, but there are not any more incidences of that than there are of these problems in relation to the poll. If he were coming forward with a solution tonight, I might be more interested in his remarks.
Mr Harper
I did not say that we would do nothing about the problem. I specifically said the opposite—that the Government are looking carefully at the Electoral Commission’s report and its outline of the problem, and that we are considering possible solutions. We are not yet persuaded that a legislative solution is the right one, however. When we have decided what we think the appropriate solution is, if that requires legislation we will introduce it at the appropriate time. Also, if we were to make this change, we would need to make it for elections in the round, not just for this particular referendum.
Ms Abbott
The hour is late, but I wish to put on the record how concerned people in Hackney were by the debacle that we had at the polls earlier this year. The number of people who were turned away is an underestimate, because in my constituency hundreds of people came out after work to vote, saw the queues, went away, came back again, saw the queues and went away again, so we will never know how many people were put off voting. The cause of the queues was partly that people in Hackney were voting in three different ballots—that was one of the problems. Another cause was that the returning officer put a great deal of effort into encouraging people to cast their votes—my area had its highest ever turnout, particularly among young people who had never voted before. Another cause was the enthusiasm of people in Hackney to vote Labour.
I wish to stress that in a democracy the state has a very basic responsibility to allow people to cast their vote. These people did not come along at 9.50 pm; they had been queuing since 9 o’clock, but when 10 o’clock struck they were told that they could not cast their vote because they did not have a ballot paper in their hand. All I am saying is that this matter caused great concern in Hackney and it was very demoralising, particularly for people casting their vote for the first time. Voting is a fundamental right, and it is a fundamental duty of Government to allow people who want to vote, and who have come out in good time, to vote. We all saw last year’s American elections, where very long queues of young people wanted to vote for Barack Obama. A system was put in place that allowed people who were in a queue to vote; once the point where the queue was stopping had been marked, everybody in that queue was able to vote, even if that took hours. I do not see why we cannot have a similar system here in the United Kingdom.
Chris Bryant
My hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) has exposed the problem: we do not really know the extent of the difficulties that voters had in this year’s general election. We are all deeply moved to see people voting in South Africa; they queued not just for a couple of hours, but for days when they first had the opportunity to vote. We felt moved when we saw people in the United States of America queuing to vote and we are moved when we see people in Poland, or people in other parts of the world who have not always enjoyed democratic rights, queuing to vote. So it is a bit depressing when the view that other countries had of our election night was of people queuing and not being allowed to vote. That is the simple point that Labour Members are trying to rectify by way of this amendment.
I had presumed, because the Liberal Democrat leader, the Deputy Prime Minister, said that this was something that should never happen again in our democracy, that he was going to deal with the matter rather more swiftly. The referendum will coincide with other ballots, as my hon. Friends the Members for Foyle (Mark Durkan) and for Hackney North and Stoke Newington have said. The Minister wants these combined polls next May—I would prefer not to have them—and it is therefore all the more important that we have a specific provision to deal with this matter.
If the amendment does not contain the right wording, I would be quite happy for the Minister to come back on Report and provide us with an amendment to our amendment. That is the advantage of this process, in which we debate constitutional Bills on the Floor of the House like this. That might also speed up his officials. I offer him this possibility in comradely spirit. If he were to support the amendment so that it were carried, that would spur on his officials to provide an answer to the problem before we reach the Report stage. I will, therefore, press the amendment to a vote.
Question put, That the amendment be made.
Iain Stewart
Thank you, Mr Evans.
There are adequate provisions in the Bill for a recount mechanism at individual voting area level, just as at a general election count an agent or a candidate may call for a recount if the result is tight or there is some other doubt as to the accuracy of the count. However, if my reading of the Bill is correct, there is no such provision for a recount at national level and I am very concerned about that omission.
Counts in individual voting areas will be carried out in ignorance of what is happening in other counting areas. The Welsh devolution referendum of 1997 offers examples of where the problems may lie. Members may recall that the result of the referendum was very close. Of more than 1.1 million votes cast, the winning majority for the yes campaign was about 7,000 and there were approximately 4,000 spoilt ballot papers, so the result was on a knife edge.
It does not follow, however, that each area voted with the same margin of result; there were huge disparities between the counts in areas throughout Wales. In Rhondda, for example, which the shadow Minister may have some affection for and knowledge of, there was a large yes vote—a 15,000 majority for the yes campaign. Had that been at a general election, no candidate would have questioned it.
Chris Bryant
May I correct a mis-impression that is often given by Conservatives about the Rhondda? It was not actually in the Rhondda. The only result the hon. Gentleman can know about was for Rhondda Cynon Taff, which includes the whole county area. His Prime Minister has regularly said that there is a Conservative councillor in the Rhondda. There is not. There is, however, one in Rhondda Cynon Taff.
Iain Stewart
I stand corrected. I was using Rhondda as shorthand, in view of the late hour, but that does not undermine my point. The majority was clear in that counting area and had it been a general election no candidate would have challenged the result and called for a recount. However, in an authority close by—Vale of Glamorgan—there was a similar large majority for the no campaign, of 14,000 or thereabouts. There, too, no candidate would have chosen to call for a recount, but when we aggregate the two results, as happened throughout Wales, the result was very close overall. As far as I can tell, the Bill includes no provision for either the yes or no campaign to call for a recount in that eventuality.
Amendment 154 would establish a mechanism for calling a recount, and I invite the Minister to give some clarification as to whether my interpretation of the Bill is correct. Would the proposed mechanism be the most appropriate way to rectify the measure or would the Government care to suggest some other means?
Amendment 153 would provide for the chief counting officer to direct a recount. I am a little concerned about the wording in paragraph 42, which states:
“The Regional Counting Officer or Chief Counting Officer may give a direction under paragraph (3)(a) only if the officer thinks that there is reason to doubt the accuracy of the counting of the votes.”
I am not satisfied with the term “thinks that there is”, and I would be grateful if the Minister clarified the circumstances in which the chief counting officer should be compelled to call for a recount if he believes that there is some doubt about the accuracy of the count.
Mr Chope
Further to that point of order, Mr Evans. In discussing the programme motion on 12 October, the Parliamentary Secretary said that
“we have taken steps…in the programme motion”
to ensure that
“the House will be able to debate and vote on the key issues raised by the Bill.”—[Official Report, 12 October 2010; Vol. 516, c. 183.]
On Second Reading he also made it quite clear that we would have the opportunity to debate and vote on the key issues. Nobody is suggesting that the threshold is anything other than a key issue in the Bill. Even at this late stage, it is open to the Minister to tell the Committee that he will come forward tomorrow with an amendment to the programme order to ensure that we can start the business tomorrow with a debate on clause 6, rather than closing down debate on that clause, which seems to be the Government’s intent. I should also point out that unless we have a debate, it will not be possible for the Committee to take a view on the relative merits of amendment 3 as compared with my amendments 64, 65 and 66. In the European debate the other night the Chair was able to decide which amendments were more worthy of being put to the vote on the basis of the debate. Without a debate, we will not be able to do that.
Chris Bryant
Further to that point of order, Mr Evans. Several hon. Members have made the point this evening that there has not been time to debate significant elements of the Bill. In addition, the Government have today tabled 100 pages of amendments to the Bill, which they have proposed we debate next Monday, but they have already said that those amendments are incorrect and will have to be superseded by further amendments. At the moment, only two days are provided for Report. I would therefore ask the Government to consider providing a third day on Report, so that the issues can be fully debated. Otherwise, I am sure that their lordships would want to spend a considerable period of time looking at the legislation properly. Finally, the right hon. Member for Haltemprice and Howden (Mr Davis) rightly pointed out that votes normally follow voices in this House. That is to say that Members who shout aye have to vote aye, and if the Minister is going to shout aye in a moment, he should be voting in the Aye Lobby.
Mr Harper
Further to that point of order, Mr Evans. If the hon. Member for Rhondda genuinely thought that this was the most important part of the Bill, he should have thought about that when he moved some of his less important amendments today. That was a time-wasting exercise and nothing else.
I gave a clear commitment on Second Reading that the Government would do everything within their power to ensure that we had a debate and a vote on all the key issues of the Bill. We provided extra time in the programme motion last week. Reaching a point in the debate, of course, requires Members to exercise some discipline, which they were incapable of doing today. What is left within my power is to propose amendment 3 to enable the Committee to vote on it, but I ask my colleagues to vote against it. I want to facilitate the opportunity for this Committee to vote.