Clause 25 - Use of candidates' common names
Electoral Administration Bill
6:30 pm
David Heath (Shadow Secretary of State for Constitutional Affairs & Shadow Leader of the House, Law Officers (Constitutional Affairs); Somerton and Frome, Liberal Democrat)
I know that Committee members are hoping for our proceedings to reach a conclusion at some stage in the near future, but this is an important point. I welcome the Government's suggestion regarding the use of candidates' common first names. It always was nonsensical that we had things like ''Dick commonly described as Harry'' on the ballot paper, and if we can change that nonsense, it is good that we do so.
I am less than totally convinced about surnames. As I understand it, in law, surnames are adopted by people as their principal descriptor; surnames have less status in law than first names to a certain extent. The commonly held misapprehension is that a deed poll is necessary to change one's surname. It is not; it is simply a matter of whether one is attempting to defraud or deceive. If one is not, one can adopt any surname one chooses, and that becomes the name by which one is commonly known. Therefore, I have to ask how it is that within electoral law we shall now have a person with two apparent surnames? It is a sort of Elton John amendment: he would have to describe himself not as Reg Dwight, but as Elton John. My contention would be that he could describe himself as Elton John anyway because that is the name by which he is commonly known and there is clearly no attempt to deceive.
I would be grateful if the Minister explained why it is felt appropriate to change both components rather than make the simple administrative change that gets rid of the common descriptor, which is often a nickname or a diminutive of a first name by which people are known. For example, if someone is known by everyone as Bob rather than Robert, why is he not called Bob on the ballot paper?
On another issue, subsection (4) has a form of nomination paper, which refers to Arthur Seymour Sullivan, who wishes to be known for the purposes of the ballot paper as W. S. Gilbert. That may raise a question in the mind of the elector as to whether he writes music or words, if he is known by both names. I am slightly surprised that the commonly used forename given as an exemplar in the Bill is the less-than-commonly used forename ''W. S.'' Is that an acceptable forename? Can one just have any combination of letters or even numerals as a commonly used forename?
''W. S.'' is not a name, but a set of initials. Are initials acceptable for the purposes of electoral law as a forename? If they are, what is the limitation? Could one have a logarithm or a logo or some other descriptor as a commonly used forename? The artist formerly known as Prince, as we famously know, once adopted a squiggle as his name. Is that squiggle now acceptable in British law as a commonly used forename?
I am sorry if that is a reduction to the absurd of the argument, but the exemplar used raises more questions than are answered. I am slightly surprised. Perhaps the Minister can explain—or not.