Parliamentary Voting System and Constituencies Bill

Lord Strathclyde Excerpts

Tuesday 1st February 2011 Lords Chamber

[Lord Davies of Stamford]

I hope that, by whatever means, the Electoral Commission will address the issue raised by these two incidents, which hardly look as if they are purely coincidence. If noble Lords cannot get an answer from the Electoral Commission, what are the chances of an ordinary member of the public doing so? I suspect that that is a matter of concern not just to me but to the whole House.

[The Chancellor of the Duchy of Lancaster (Lord Strathclyde)]

My Lords, it may be helpful if I deal with this issue because I understand that the Electoral Commission has just moved offices. That is why the old phone number does not work. The new phone numbers should be available in the normal way and we can make them available. If anybody wants them, they can call my office and we can get them to them. I am assured that the Electoral Commission takes great care and notice of what happens here.

[Lord Bach]

Can anyone in the country ring your office or just noble Lords?

[Lord Strathclyde]

My Lords, I think there is a greater likelihood of the Electoral Commission reading Hansard than members of the general public. Maybe I am wrong about that.

However, I can also say that the Electoral Commission’s website is really excellent and a great deal of the information that we have been discussing this afternoon is on it. I will give a fuller response later on but I think the noble Lord, Lord Low, is trying to get in.

[Lord Low of Dalston]

My Lords—

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[Lord Bach]

My Lords, we have quite properly had a very full debate on this important group of amendments. The Committee should be grateful to all those who have spoken. Our view from the Front Bench is generally supportive of the amendments in the group. I do not know whether Messrs Hegel, Heidegger and Marx would be flattered by the reference to them in the context of this Bill in the British House of Lords, but I am certain that they would be astonished to have been referred to at all.

These are important amendments. The noble Lord the Leader of the House will undoubtedly be familiar with the draft leaflet that the Electoral Commission has put out. Does he have any up-to-date information on whether the Electoral Commission feels that this is a satisfactory document? How much does it intend to change it? Maybe this is the nature of the beast, but how does the page—it is just one page—on the first past-the-post system compare to the pages on the alternative vote system? There are four pages on how this branch of the alternative vote system works. Is that deemed to be satisfactory by the Electoral Commission? I think that it only sets up the difficulties that many noble Lords from around the Committee have mentioned in their contributions. What I am really asking the noble Lord the Leader of the House to tell us is, what is the proposal as far as the Electoral Commission is concerned in terms of a final leaflet?

The Electoral Commission published on 30 September last year, Report of Our Views on the Proposed Referendum Question, to which I believe the Government responded in due course. It is worth pointing out a couple of the findings. On page 1, it states:

“Our research found the main difficulty people had in understanding the question was that they did not recognise or understand the voting systems it talks about – ‘First Past the Post’ and ‘Alternative Vote’. Accessibility and plain language specialists also commented that these were not terms that most people would be familiar with”.

Then on page 2, under “Summary of our findings”, it states:

“There were also some particular words and phrases used in the question that some people did not understand or struggled with: not everybody understood the term ‘First Past the Post’, or knew that it is the name of the system used now to elect MPs to the UK Parliament – even people who had voted before in this type of election … The term ‘Alternative Vote’ caused particular problems and was not understood, or was misunderstood, by nearly everybody taking part in our research”.

That may not come as a huge surprise to Members of the Committee, but it is a warning note. Indeed, the Committee’s discussions about the various types of alternative vote—which are the most satisfactory and which are not—pale in comparison to the fact that there is, at the moment, extremely limited understanding of what this type of alternative vote procedure actually means. Whatever view we take about the referendum taking place, there will not be very long to remedy that. So that is a warning and it is why I think that the amendments of the noble Lord, Lord Lipsey, are so important.

The Electoral Commission is, of course, an independent body created by Act of Parliament and has very strict rules, rightly, about the political activities of its staff. Nevertheless, there is no disguising the political significance and sensitivity of the decision on the electoral system which will be taken in this referendum and the role that the commission will play in it. As the Bill has demonstrated all too well, political interests are, of course, heavily engaged by this referendum. There is therefore a danger, as has been said on many sides, that in the context of this highly politicised environment, the information which the commission is due to circulate and which will impact significantly on the outcome of this referendum could become the subject of severe dispute. I want to remind the Committee, for a minute or two, of what can be described as an Irish cautionary tale.

I remind the House of what happened in Ireland during the referendum not that long ago on the Lisbon treaty in 2008. In advance of that referendum, a referendum commission was appointed under Irish law to promote awareness and understanding of the Lisbon treaty so as to inform the public about the issues at stake in the referendum. Indeed, apparently it is the practice in Ireland—some noble Lords will know this—that a commission is established for every referendum to ensure that the subject matter to be voted on is explained to the electorate.

The commission is also required to encourage the electorate to vote, which is another task that our own Electoral Commission has been asked to discharge in the forthcoming referendum. Like the subject matter involved in our proposed referendum, the Lisbon treaty was felt to raise issues of such complexity and technicality that it was quickly recognised that the information provided to the public by the independent commission could have a highly significant impact on the electorate’s decision. The subject matter that was distributed by the commission was therefore subject to intense scrutiny by the media and became the object of public argument between the two campaigns. This eventually spilt over into a wider spat about the commission’s independence, with claims and counterclaims being made about the connections between commission staff and individuals in the different campaigns, as well as allegations about a conflict of interest involving companies hired by the commission to help with legal work and communications advice which also worked for the Government. Many Members of the Committee will be reminded of that argument by what I have just said.

Of course, I am not suggesting that we would see the same problems repeated here, but we are saying that because of what is undoubtedly at the moment a low level of public knowledge about electoral systems, that inevitably means that the information provided by the Electoral Commission could have a major bearing on the outcome of the referendum, which in turn makes it highly likely that this information will be the focus of considerable attention, to put it mildly. Perhaps I have just set out the problem in other words, but the ways in which my noble friend Lord Lipsey and others who have spoken to amendments in this group have approached this problem need careful consideration by the Government in the little time that remains. We look forward to hearing what the noble Lord the Leader of the House has to say.

[Lord Strathclyde]

My Lords, it is good to have an opportunity to join in this debate. I am very grateful to the movers of the amendments. We have certainly started off with a most interesting debate on this group of amendments. The debate became slightly whimsical, but that is not the first time that that has happened in this Committee. I was glad to hear from my old friend the noble Lord, Lord Graham of Edmonton, for whom the House knows I have a great deal of affection. He was the last great Chief Whip in opposition who achieved so much with so little when the Labour Party was a relatively small part of this House. It is now the largest group in the House of Lords. The noble Lord said that there should be time for reflection—I assure him that we have done nothing but reflect for the past three months or so—and that we should consider some of these issues on Report, and we will, of course, do so.

It will come as no surprise to anybody who has been listening to these debates that the Government very much hope that the referendum will take place on 5 May and have planned for that. I have said that many times and the Government announced their intentions in July. I know that some noble Lords opposite would rather that it were not held on that date and that the Labour Party manifesto stated that it wanted a referendum on AV in October, as it considered that that was a better date, but that is not the view that the coalition Government have taken. In order to get the Bill back to another place so that the Electoral Commission can complete its work in time for a referendum on 5 May, the Bill will have to go back to another place on Monday 14 February. I do not suppose that that is a surprise to noble Lords opposite either as they have known about that date for a very long time.

I was very grateful to the noble Lord, Lord Pannick, who said that we were making heavy weather of the debate—he was right about that—and tried to knock a few heads together. I am also grateful to my noble friend Lord Newton for what he said about some of the common-sense aspects that came out of these amendments. It has been a full debate and I shall try to give it a full answer.

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[Lord Foulkes of Cumnock]

Can the Minister confirm whether the booklets will available in languages other than English?

[Lord Strathclyde]

I do not know, but I know that in Wales it will be available in Welsh and English.

[Lord Maxton]

Can this be produced as an app for the iPhone and the iPad? That is where many youngsters get their information. A single app on their phone which allows them to read it would be very useful.

[Lord Strathclyde]

My Lords, that is an immensely good suggestion and of course that will be a decision for the Electoral Commission.

It is not clear from the current legislative framework under the Political Parties, Elections and Referendums Act 2000—specifically Section 13—whether the commission has the power to publish information about the voting systems for public awareness purposes in this particular referendum. Therefore the Government considered it best to make the position absolutely clear and accordingly, we tabled an amendment to insert paragraph 9(2) into Schedule 1 in Committee in the other place, which was passed and is now reflected in the Bill.

We do not see that it is necessary, or desirable, to mandate that the commission must issue information, as amendments tabled by the noble Lords, Lord Rooker and Lord Low, aim to do. Rather, it is the commission’s prerogative. The commission has indicated that it would like this power and that it clearly intends to exercise it but we do not think that the Bill should go further than that and oblige it to do so. Moreover, it is simply unnecessary to legally obligate the commission in this respect. The commission has already publicly indicated its intention to produce this information, and has published the draft text that will form the basis of public information leaflets on its website. I am glad that some noble Lords have seen it. It is important that those who take a real interest in these matters should look at it and send their comments to the Electoral Commission regarding this information before the leaflets are published.

The same point, concerning the appropriateness of imposing a legal mandate on the commission in this area, also applies to the amendments tabled by the noble Lord, Lord Lipsey. These would obligate the commission to provide a leaflet summarising the meaning of the question, together with the main arguments for and against first past the post and alternative vote. The amendments also specify that the leaflet must be impartial and unbiased, and distributed to every household in the UK, so far as possible.

The commission is clear that the leaflets will contain factual information; that this information will be impartial and unbiased—it would go against the commission's regulations to promote one particular outcome or be anything other than unbiased—and that it will go to every household in the UK. For this reason we do not think it appropriate that the information includes arguments for and against each voting system. The information will be factual, whereas the pros and cons are subjective. These arguments will naturally be for the campaigns. It is hard to see how the commission could be expected reasonably to summarise all of the arguments for and against in a way that is commonly accepted to be impartial and unbiased. This is an inherently partial subject, and the more the commission is drawn in to trying to describe the pros and cons, the more open it would become to allegations of partiality. It is important that the commission is neutral. Therefore, the arguments for and against should be left to the campaigns.

[Lord Davies of Stamford]

The Leader of the House is making exactly the point that I made, namely that it would be quite wrong and inappropriate for the commission to try to summarise the arguments for and against. Will he deal with the proposal that I made, with some support from my colleagues, that if there are two coherent campaigns, one on each side, the two organisations concerned should be invited to produce a leaflet that would be sent free to every household with the information pack from the Electoral Commission, as happened in 1975?

[Lord Strathclyde]

My Lords, the noble Lord is quite right, and therefore he and I are in agreement on this. As far as concerns the two campaigns, their material will not be part of the same leaflet pack. The campaigns, too, will get a free post, so that every voter will be left in no doubt about the information. Of course, we expect the media to play a full part in the campaign in the run-up to the referendum.

[Lord Campbell-Savours]

What about factual inaccuracies, for example the discussion about 50 per cent? Ministers at the Dispatch Box—including the noble Lord himself—have had to correct the record on the 50 per cent question. Does he think that the Electoral Commission might be in a position, in a neutral way, to set the record straight that it is not a requirement for a candidate to secure more than 50 per cent of the votes to be elected under AV?

[Lord Strathclyde]

My Lords, that is why I hope that the noble Lord will look at the website. If he does, he will find that the Electoral Commission has already made that point in its draft. He will be immensely reassured, as will the noble Lord, Lord Rooker.

I will respond to a couple of other issues raised by the amendments in this group. We very much agree with the intention of the noble Lord to ensure that leaflets are written in plain English. The noble Lord, Lord Rooker, my noble friend Lord Newton and others can be assured that the Electoral Commission is seeking the advice of language experts and working with the Plain English Campaign to produce its material. Nothing in the Bill prevents this, and the commission is doing it anyway, so I hope that the noble Lord will agree that that part of the amendment is unnecessary.

I am sorry to have dealt with these matters quite fully, but, as the noble Lord, Lord Bach, said, they are important issues. I hope that I have put the Committee's mind at rest that these matters have been thought about.

[Lord Wills]

Before the noble Lord concludes his remarks, perhaps I might ask him to address the issue that I asked my noble friend Lord Grocott to address, namely the role that public service broadcasting organisations in particular should play in the debate. It is perfectly possible that they will think that this is an arcane and abstruse issue that deserves 10 minutes on “Newsnight”, and that will be that. Does he think that that would be an acceptable discharge of their public service obligations, or would he expect them to play a fuller role in fully, fairly and impartially examining all the issues on both sides of the debate?

[Lord Strathclyde]

My Lords, I am convinced that the broadcasters will see it as part of their remit to involve themselves in these debates. It is up to them to decide how they do so and is not at the direction of the Government, however desirable those of us in government might think that that would be.

[Lord Rooker]

My Lords, like the noble Lord, Lord Pannick, I am surprised that the debate has lasted so long. On the other hand, it has been quite interesting. There has been talk of contentious items. The first thing that I contend is that the largest group in this House is the coalition, not the Opposition. We could have a debate about that: it is the kind of thing that we might put on the leaflets. As someone said, it is symptomatic and sad that the only debates on the Bill in which these issues have been raised have been in this unelected House of Lords. They were not debated in the other place and certainly will not be, so we need not apologise for debating them here.

There is another surprising thing in this debate. We have agreed to finish Committee stage tomorrow, and when there is such an arrangement, it is normal for those who have restrained themselves from participating in the debate to pile into the debate. That is what used to happen in the other place. However, we have had only one contribution from the Liberal Democrats. They know that they can speak on this without affecting the outcome simply because we are going to finish tomorrow anyway, yet they still refuse to join in the debate. However, that is their problem, not mine.

It has been an interesting debate, and I wish to raise a couple of further points. The legislation talks about information to “persons”, not households. As far as I know, there are 44 million electors in 27 million households. The legislation says “persons”. People are going to vote, not households. If we want to talk about the bias, it might be considered bias in the proposed leaflet—I have the draft in my hand—for the status quo to apply in terms of which system will be dealt with first. The issue will be: which system will be described first in the leaflet? There could be a question of bias. I have no view about which way round they should be, but if I was really fanatical, I could nit-pick and consult lawyers about which one is going to be described first—leaving aside the fact that there are four pages to one system and one page to the other, which is another issue.

Furthermore, no one has mentioned the costs involved. I saw press reports at the weekend of the yes campaign being backed by about £6 million and the no campaign somewhat under £1 million. Obviously there is money to be spent on this. It is not impossible to do this. I have so far refrained from mentioning, as I did before, the fact that in New Zealand there was never any complaint, to the best of my knowledge, about the literature put out by its Electoral Commission for its two referendums when they changed the voting system. So it is perfectly possible to explain.

I am pleased about something that is contained in the Electoral Commission draft, which I have only just seen. It will not wash in terms of explanation, but it will stop the Deputy Prime Minister telling fibs any more. The draft says:

“Because voters don’t have to rank all of the candidates, an election can be won under the ‘alternative vote’ system with less than half the total votes cast”.

Let us have an end to that. I know that the Leader said that; he is not going to point out the errors of the Deputy Prime Minister, who started peddling this view. I could peddle the issue about how it ends tactical voting. It does not—it moves tactical voting to the second vote.

We have had an interesting debate. My noble friend talked about leaflets. It will be booklets, not leaflets. I do not see why the Royal Mail cannot do it. It can deliver to every household quite quickly. The difficulty is in the timing. Nothing can be printed until after Royal Assent. One assumes that something will be ready to go, if the Plain English Campaign has looked at it. However, it is going to go through letter boxes in the UK at exactly the same time as other election literature. Will it get the justice that it deserves? Clearly, we are embarking on a big project. As I have said, I have no view about the referendum on 5 May. I only offered a lifeboat if a lifeboat was needed. I do not campaign one way or the other. I simply think that, as I said last night, time is running short to get the message across in a way that will result in a meaningful vote.

Some practical problems may come up in terms of the mechanism that will be involved. One assumes that contracts have been looked at. You cannot just go to Royal Mail and say, “By the way, you know there are local elections in which there is no free post, but there are poll cards; and, by the way, we are having a referendum. Can you knock an extra one out for every household in the country?” Royal Mail will say, “No one has asked us about that. We have not got the capacity for that. We need more warning”. Has anybody done that? I presume we can ask that when we debate further amendments. However, in view of the need to make progress, I beg leave to withdraw the amendment.

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[Lord Foulkes of Cumnock]

My noble friend is right in principle, but because we have this artificial deadline of having to agree everything before the referendum on 5 May, I do not think that there would be the time to do that. Now I know why the noble Lord, Lord Rennard, enjoys being such a nitpicker. It is quite fun challenging the amendments put forward by Labour Peers.

However, I think that the intention behind what my noble friend suggests is absolutely right. In a number of elections overseas, ballot boxes have been stuffed in advance by supporters of one candidate or another and elections have been challenged. That could happen in a referendum. The principle is very important, notwithstanding the technical problem that I have raised in the unavoidable absence of the noble Lord, Lord Rennard.

[Lord Strathclyde]

The noble Lord, Lord Campbell-Savours, is right: it would be far better to deal with and debate these issues in another forum or on another Bill. We resist the amendment, which, apart from anything else, we believe to be defective. The amendment requires the presiding officer immediately before the commencement of a poll to show the first elector, rather than anyone present in the polling station, that the ballot box is empty.

However, as the noble Lord, Lord Maxton, pointed out, no elector would be allowed into the polling station prior to the poll commencing at 7 am, which means that the presiding officer would be unable to show the first elector that the ballot box was empty before the start of the poll. In addition to the timing difficulties associated with the amendment, it can be argued that it is not necessary, as referendum agents will be able to appoint polling agents who may observe the presiding officer showing the empty ballot boxes before they are sealed prior to the start of the poll. Therefore, the question does not arise.

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Moved by

[Lord Strathclyde]

122ZA: Schedule 2, page 54, line 44, leave out from beginning to end of line 6 on page 55 and insert—
“(a) in relation to a voting area in England or a voting area in Wales that is not within sub-paragraph (b), the registration officer of the local authority in whose area that voting area is situated;(b) in relation to a voting area in Wales that comprises any part of the area of more than one local authority, the registration officer appointed under section 44(3)(b) of the Electoral Administration Act 2006 in respect of the Assembly constituency that corresponds to that voting area.( ) In paragraph (3)—
“local authority” has the same meaning as in paragraph 4 of Schedule 1;
“Assembly constituency” means a constituency for the National Assembly for Wales.”

[Lord Strathclyde]

My Lords, Amendment 122ZA is a minor and technical amendment to the definition of “relevant registration officer” under rule 53 of the referendum rules. This amendment will ensure that in Wales, as is already the case in other parts of the United Kingdom, the relevant registration officer will be the same individual for both the combined polls. I beg to move.

Amendment 122ZA agreed.

Moved by

[Lord Strathclyde]

122A: Schedule 2, page 57, leave out line 28

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[Lord Falconer of Thoroton]

My Lords, Schedule 2 is important. The noble Lord, Lord Tyler, is right that it reflects experience from other elections. Looking at the 15th Marshalled List, Amendments 112A to 122A are specific amendments to Schedule 2, so I am not sure whether the noble Lord, Lord Tyler, was right when he said that there were no amendments to Schedule 2. I am interested in a number of specific issues that relate to the interaction between the referendum and other polls. First, in paragraph 13 (3), it is said that in England, Wales, Scotland and Northern Ireland,

“the polling station allotted to electors from any parliamentary polling district wholly or partly within a particular voting area must … be in the parliamentary polling place for that district unless the parliamentary polling place is outside the voting area”.

Why is the parliamentary polling area being chosen for a referendum and for the other votes when Parliament is not the district for the count, nor the place for which people are voting? I am surprised that that has been chosen.

Secondly, paragraph 22—this is for the referendum—places upon the presiding officer the,

“duty to keep order at the officer’s polling station”.

That makes the presiding officer the person responsible. Is it envisaged that the same presiding officer will be appointed for the local elections and the parliamentary elections? I assume that it is. If not, who is in charge of the polling station? Issues might arise in relation to the conduct of a polling station of the sort, for example, that arose at the end of the general election as to when to close the doors, or what to do about the queues. There needs to be some degree of certainty as to who is in charge. I assume that that will be achieved by the same person being appointed as the polling officer.

Thirdly, the schedule envisages a polling agent being appointed and a referendum agent being appointed. The purpose, as I understand it, of a referendum agent and a polling agent being appointed is that those two “agents” are responsible for seeking to prevent personation in the polling station. Is it envisaged that this would be two people, or is it envisaged that it would be one person for the same polling station? Do the same rules apply both in relation to electoral law on referendum voting and the polling voting? Can there be a conflict? Again, we would be looking for the same person to be appointed to deal with both.

The thing that I cannot find in the rules, though I am sure that it is here somewhere, is what prohibitions there are on material relating to the referendum within the polling station. For example, will it be permissible to have within the polling station the “neutral documentation” provided by the Electoral Commission describing the two sorts of system, or will that be prohibited? This relates to the question legitimately raised by my noble friend Lord Grocott regarding the extent to which help on the issues will be provided to individual voters. It is obvious that partisan material should not be provided but what, if any, material will be allowed in the polling station which is genuinely intended to assist voters? If the answer is nil, I would accept that and understand it, but equally I would not regard it as objectionable if neutral material prepared by a neutral body were allowed. It would be useful for the Committee to be given answers to those questions.

[Lord Strathclyde]

My Lords, I am glad that the noble and learned Lord agreed with my noble friend Lord Tyler and said that he was right, as he is in so many things. The noble Baroness, Lady Liddell, asked whether I was impressed with the depth of her passion on this subject. I confirm that I am. I understand exactly what she was saying. I say to those who echoed her remark about cross-party talks that I am sure that if the Labour Party were to write in and ask for those cross-party talks, that would be accepted, if they have not already taken place. The noble Baroness is right that this matter should be conducted in a non-partisan manner.

The debate naturally strayed far and wide across the gamut of electoral law and I will follow up some of the more detailed points in writing. The noble Baroness, Lady Liddell, said that she was frantic, unhappy or depressed—I cannot remember which word she used—about the 1979 referendum. My memory of it is that it went rather well. It had a good result and was excellent in many respects. Therefore, I do not share the noble Baroness’s unhappiness, which perhaps shows the width of the gulf between us on these great issues.

[Lord Foulkes of Cumnock]

Was the noble Lord happy that, although there was a majority in favour of a Parliament for Scotland, it did not meet the threshold required? Is that why he was happy about it?

[Lord Strathclyde]

That is an interesting point. I should be more specific. What was so good about it was that it brought in the vote of confidence and the end of that Labour Government. The noble Lord will remember that well.

The noble Lord, Lord Myners—

[Lord Crickhowell]

Surely it is not right to reply to the noble Lord, Lord Myners, who has broken the conventions of the House by not staying for the wind-up.

[Lord Strathclyde]

I thank my noble friend Lord Crickhowell for bringing that to the Committee’s attention. He obviously felt strongly enough about it to raise it. The noble Lord has no doubt slipped away in his stretch limousine waiting outside your Lordships' House. I can confirm to the Committee, if there was any doubt, that the Leader of the House of Lords no longer has a limousine, at a substantial saving to the Exchequer—a saving which the noble Lord, Lord Myners, when he was a Minister at the Treasury, said would be quite impossible.

The noble Lord, Lord Soley, asked whether the vote of an elector who signed outside the box in a postal voting statement or other statement would be considered. Counting officers should have a process in place to determine such cases. Their system should be able to pick up signatures which are valid but stray slightly outside the box. The noble Lord, Lord Campbell-Savours, asked whether the public can make representations on polling station locations. They can do so.

[Lord Soley]

The Minister slid over that rather quickly. This is an important point and it is what scrutiny is for. He seems to be saying that in certain circumstances a signature outside the box would invalidate the vote. If that is the case, frankly it ought to be stated on the form that if a person strays outside the box, the vote is invalidated. I know that this applies in other situations but it is an important point. If people, particularly the infirm, stray outside the box and it is within the remit of the returning officer to make a judgment on that, if he decides against the person, that person’s vote is invalidated.

[Lord Strathclyde]

My Lords, I said that I would write on some of the more technical points but, as far as I understand it, some discretion must be left to the local officer to decide whether the signature is valid. I am very happy to follow that up in a letter.

[Lord Mackay of Clashfern]

My Lords, I have been a returning officer on two occasions. The returning officer has the authority to decide whether the paper is in order. The precise rules are rather particular and they are certainly not all on the ballot paper. If they were, the ballot paper would not have much else on it. As a returning officer, I have seen a quite remarkable number of peculiar ballot papers, with all kinds of communications on them. This is a matter for the returning officer and I am sure that the rules are exactly the same as regards the referendum. The returning officer, who is independent, would decide these matters, but all the rules are not expressed. When you become a returning officer, you must learn all these rules, and it is a bit of an ordeal to get them all into your head.

[Lord Strathclyde]

My Lords, I am very grateful to my noble and learned friend. The fundamental point is that there is nothing really different about these rules and regulations. They are modelled on existing provisions which govern the conduct of elections. That is why I refer the noble Lord, Lord Campbell-Savours, to the Representation of the People Act 1983. If he looks up Sections 18B to 18D, I think that he will find the answer to his question. Likewise, the noble Lord, Lord Grocott, who asked about poll clerks advising people on the subject matter of the referendum. We would not expect clerks to advise on that but there will be guidance in the polling station on how to complete the voting paper and, as we have already debated several times, the Electoral Commission and the campaigns will be educating the public.

There is another point. The noble Lord, Lord Grocott, has got it into his head that there is something very strange and very new being done here. If you live in Scotland, Wales, Northern Ireland or London, you have already voted in referendums and PR elections. I think we had more local referendums in the 13 years of Labour Government than this nation ever had. I think people are quite used to the idea of going into a polling booth and being asked a question other than who they wish to vote for: on whether they want local mayors, for instance, or whether they want regional government—that was a great question the Labour Party asked. I also think that he has underestimated the degree of interest that will be generated, and is being generated, by the campaigns in the run-up to the referendum.

[Lord Maxton]

I accept the point the Minister is making. I may be wrong here but I do not remember a referendum held on the same day as other elections. This is what is going to confuse many electors, rather than the fact that they are being asked to vote yea or nay in a referendum.

[Lord Strathclyde]

My Lords, the last Labour Government famously had a referendum in London on the London mayor on the same day as the London local elections.

I am impressed—

[Lord Grocott]

The Leader of the House quotes previous referenda, but I think he is making a fundamental mistake in terms of public awareness of what is happening. In the European referendum in 1975, there was not the slightest doubt in anyone’s mind about what was at stake. It was a choice about whether we stayed in or not. Neither was there any serious doubt about what was at stake in the referenda on Scottish and Welsh devolution. I am simply reflecting, I am sure, what is the truth—that large numbers of people will not know any detail about how the alternative vote system works. In this draft piece from the Electoral Commission there are four pages of notes with bar charts on how the alternative vote system works. If he really thinks by 4 May, or whenever it is, we will be able to go down any street in Britain and people will instantly be able to say how the alternative vote system works, he really does inhabit a different world from the rest of us.

[Lord Strathclyde]

My Lords, I am sorry to say that there may be a generational issue here. My children, who are at school, are taught different electoral systems. This has been done for the past 25 years. I do not think that it is very complicated. I was rather impressed by the Electoral Commission’s work. The noble Lord asserts that nobody will be interested. I say that they will be. At least they are being given a choice, which is important. To be fair, the Labour Party believed a year ago that this was important enough to put in its manifesto. It was the only party to do so.

The underlying legislation for this is of course Schedule 1 to the Representation of the People Act 1983, with which many noble Lords will be familiar. I hope that noble Lords opposite will find that this is a useful subject that they may wish to debate on one of their Thursdays, or in a Question for Short Debate, because there are important issues that they will want to discuss. Under this schedule, appropriate modifications have been made to reflect the features and language specific to referendums. For example, references to “returning officers” have been substituted by “counting officers”, and references to “election agents” have been replaced with “referendum agents”.

Two aspects of the rules merit special mention. They govern the count and recount procedures, and a power enabling the chief counting officer to modify some forms contained in the Bill. Counting officers will be responsible for the conduct of counts in their respective areas, which will be conducted on a regional basis. Like local returning officers in the European parliamentary elections, referendum agents will be permitted to attend the count, much like election agents. Rule 42(2) specifies that a referendum agent and certain designated counting agents may require a counting officer to recount votes for that area. As with UK and European parliamentary elections, a counting officer will have the discretion to refuse any such request if he deems it to be unreasonable. Rule 43 gives power to both regional counting officers and the chief counting officer to issue a direction for a recount of the votes only in one specified circumstance: where the officer requesting the recount has reason to doubt the accuracy of the count under rule 43(4).

The whole schedule takes account of the views of the Electoral Commission and the electoral administrators, with whom we have worked particularly closely in developing this part of the legislation, given that it sets out the rules on how the poll will be run on the ground. I go back to the suggestion made by the noble Baroness, Lady Liddell. It may well be a good idea for party officials to get together to discuss this, and I hope that the offer will be taken up.

Schedule 2, as amended, agreed.

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Moved by

[Lord Strathclyde]

122B: Schedule 3, page 76, leave out line 12

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[Lord McAvoy]

My Lords, I have a brief question for the Leader of the House. I am sorry that he did not respond to the point that I made in an earlier debate. I know that perhaps he did not have the information to hand, but I thought that he might be able to offer me some guidance. My question is about paragraph 4(1), which states:

“Where a person applies to the registration officer to vote by post in the referendum, the registration officer must grant the application if … the officer is satisfied that the applicant is or will be registered in a relevant register”.

I am not sure what that means. How would the registration officer forecast or be aware that the person concerned is registered in a relevant register?

[Lord Strathclyde]

My Lords, perhaps I could follow that up in a letter to the noble Lord.

Schedule 3, as amended, agreed.

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Moved by

[Lord Strathclyde]

122D: Schedule 4, page 114, line 24, after “lists” insert “and provide any subsequent revised lists or revisions to the lists”

[Lord Strathclyde]

My Lords, we are now moving so fast. The Committee will be relieved to know that this is a minor and technical amendment to the modification that Schedule 4 to the Bill will make to Regulation 61 of the Representation of the People (England and Wales) Regulations 2001 as it applies for the purposes of a referendum. It is necessary to ensure that the counting officer is provided with any revisions which are made to any of the absent voter lists used for the referendum, and it provides further clarity to the absent voting provisions in the Bill. I beg to move.

Amendment 122D agreed.