New Clause 19
Local Government and Public Involvement in Health Bill
10:15 am
Power to change date of local elections to date of European Parliamentary general election
‘(1) In section 37 of the Representation of the People Act 1983 (c. 2) (ordinary days of local elections in England and Wales), after subsection (2) insert—
“(2A) Subsection (1) is subject to any order under—
(a) section 37A (local government areas in England), or
(b) section 37B (local government areas in Wales).”
(2) After that section insert—
“37A Power to change date of local elections to date of European Parliamentary general election: England
(1) The Secretary of State may by order provide that in a year in which a European Parliamentary general election is to be held—
(a) the ordinary day of election of councillors for counties in England, districts and London boroughs,
(b) the ordinary day of election of councillors for parishes, and
(c) as respects Authority elections, the day on which the poll is to be held at an ordinary election,
shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.
(2) An order under subsection (1) may make provision under all of paragraphs (a) to (c) or under one or more of those paragraphs.
(3) The power under subsection (1) may only be exercised, on each occasion, in relation to a single year.
(4) Before making an order under this section, the Secretary of State must consult—
(a) the Electoral Commission, and
(b) such other persons or bodies as he considers appropriate.
(5) An order under subsection (1) may make incidental, supplementary or consequential provision or savings.
(6) Where the Welsh Ministers make an order under section 37B, the Secretary of State may by order make such consequential provision in relation to elections in England as he thinks fit.
(7) The powers under subsections (5) and (6) include power to make—
(a) different provision for different purposes;
(b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment.
(8) An order under this section must be made by statutory instrument.
(9) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
37B Power to change date of local elections to date of European Parliamentary general election: Wales
(1) The Welsh Ministers may by order provide that, in a year in which a European Parliamentary general election is to be held, the ordinary day of election of councillors for—
(a) counties in Wales and county boroughs, and
(b) communities,
shall be changed so as to be the same as the date of the poll at the European Parliamentary general election.
(2) An order under subsection (1) may make provision under paragraphs (a) and (b) or under one of those paragraphs.
(3) The power under subsection (1) may only be exercised, on each occasion, in relation to a single year.
(4) Before making an order under this section, the Welsh Ministers must consult—
(a) the Electoral Commission, and
(b) such other persons or bodies as they consider appropriate.
(5) An order under subsection (1) may make incidental, supplementary or consequential provision or savings.
(6) Where the Secretary of State makes an order under section 37A, the Welsh Ministers may by order make such consequential provision in relation to elections in Wales as they think fit.
(7) The powers under subsections (5) and (6) include power to make—
(a) different provision for different purposes;
(b) provision disapplying or modifying the application of an enactment or an instrument made under an enactment.
(8) An order under this section must be made by statutory instrument.
(9) A statutory instrument containing an order made under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.”
(3) In section 3 of the Greater London Authority Act 1999 (c. 29) (time of ordinary elections), in subsection (3), after “section 37(2)” insert “or 37A”.’.—[Angela E. Smith.]

Joe Benton (Bootle, Labour)
With this it will be convenient to discuss Government amendment No. 243.

Andrew Stunell (Shadow Secretary of State for the Office of the Deputy Prime Minister (Communities and Local Government), Department for Communities and Local Government; Hazel Grove, Liberal Democrat)
I should like hear from the Minister the reasons for this provision. When I originally saw the draft new clause, I thought it said “shall” and not “may”, which would have concerned me. Bearing it in mind that this was the position the last time we had European elections, I wonder why the Secretary of State needs such a power. It already exists. I would like the Minister to explain.

Alistair Burt (Shadow Minister (Communities and Local Government), Communities and Local Government; North East Bedfordshire, Conservative)
I read the clause with the same interest, and I wonder whether the Minister will enlighten us as to whether it will become a regular feature of elections. Are the Government going to say that it will be a fixed arrangement that, when European elections are to be held, the local elections will automatically be moved? If that is the case, we might as well know it.
However, a subsidiary matter is causing great interest in Bedfordshire. The people of Biggleswade are asking why it is being done that way round. Why is it that the long-standing tradition in our country of having local elections on the first Thursday in May should be changed for the benefit of elections to the European Parliament? People in Biggleswade say to me, “Mr. Burt, why, in the ember days of his premiership, does the Prime Minister, Mr. Tony Blair, not go to the European Commission and say, ‘How about you moving your European parliamentary elections to the date on which we traditionally vote in Biggleswade—the first Thursday in May?’?” I have to say that there is some force in that argument.
As well as the Minister enlightening us as to whether it is to be standard practice that, every five years, we should accept the date of the local elections being moved to coincide with European parliamentary elections, will she also say whether the Government have made representations to the European Commission and the European Parliament on changing the date of their elections in order to coincide with our local and district elections in the county of Bedfordshire?

Angela Smith (Parliamentary Under-Secretary, Department for Communities and Local Government; Basildon, Labour)
I am grateful to the hon. Gentlemen for their wise and interesting comments. It is always helpful to know what the voters of Biggleswade think about any particular issue, so I am grateful for that.
New clause 19 and amendment No. 243 will amend the Representation of the People Act 1983 to provide the Secretary of State in England and Welsh Ministers in Wales with the power to change the day of local and Greater London authority elections by order, so that they can take place on the same day as European Parliament elections. Prior to the last European Parliament elections, in 2004, we took the power, in the Local Government Act 2003, to combine them with other 2004 elections. However, that power applied only to the 2004 elections, and this is a recurring issue, particularly in England where there are local government elections in most years.
The next elections to European Parliament are due to take place in June 2009. In that year, local elections for all English county councils are due to be held on 7 May. We seek to give the Secretary of State the power to combine such elections without the need for primary legislation by making an order to combine elections that fall due at around the same time.
As the Government said in 2003, we have taken a number of measures since 1997 to improve participation in the democratic process. Our proposal then to combine the 2004 local, GLA and European Parliament elections was in line with other measures that focused on voter convenience and assisting the voter. We wanted to ensure that voting was convenient and not a hassle or difficulty, and we wanted to remove as many barriers as possible. That is why we thought it right to hold the 2004 elections on the same day, so that people did not have to vote twice in six weeks.
Such a change might be valid on any number of occasions, as having only a few weeks between two election dates creates a significant risk of there being a very low turnout for both polls or either one of them, particularly the second one. We all want to ensure that as many people as possible participate in the democratic process. It is worth noting that turnout at the 2004 European elections was significantly higher than in 1999. It rose from 24 per cent. to 38.5 per cent. Research for the Electoral Commission’s follow-up report on the European elections found that combining the European Parliament elections with local elections and the mayoral and assembly elections in London was an important factor in improving turnout.
There is a presumption that combining local and European elections, on whichever date, is generally the right way forward, but that would depend on the circumstances, and it would be inappropriate to say that it was automatically the right thing to do. It might depend, for example, on the length of the period between the first Thursday in May—the traditional day for local elections in England—and the day set for European elections. Combining polls has advantages, but I readily admit that it also has disadvantages. With combined elections, there is always a concern, particularly among local councillors, that local elections will be subsumed and will not get the priority or recognition that they deserve.

Tom Brake (Shadow Minister, Department for Communities and Local Government; Carshalton and Wallington, Liberal Democrat)
Will the Under-Secretary clarify whether there is a limit on the duration between local council and European elections that the Government would not want to go beyond when ensuring that such dates coincide?

Angela Smith (Parliamentary Under-Secretary, Department for Communities and Local Government; Basildon, Labour)
I am not sure that I fully understand the hon. Gentleman’s question. Will he expand on it?

Tom Brake (Shadow Minister, Department for Communities and Local Government; Carshalton and Wallington, Liberal Democrat)
Clearly, it might be appropriate to combine elections that are due to take place in May and June, but it might not be appropriate to combine them when the European elections are due to take place at a later date. Combining elections that are due to be five or even 12 months apart would have a bigger impact.

Angela Smith (Parliamentary Under-Secretary, Department for Communities and Local Government; Basildon, Labour)
That is exactly why we want flexibility. That is also why I say that combining election dates might not be appropriate in all circumstances. It would be a matter to be decided by order after discussion and consultation. There are many cases in which it might not be appropriate. It is important that in local elections, local issues are to the fore in any campaign. That should be taken into account.

Alistair Burt (Shadow Minister (Communities and Local Government), Communities and Local Government; North East Bedfordshire, Conservative)
I am not sure that the Under-Secretary will like my intervention. Does this power mean that the Secretary of State can move the date of an election by order? When there is discussion as to whether it is right to move a particular election date, will there be a debate and a vote in the House, or are we agreeing to a process that will preclude that discussion and simply allow the Secretary of State to make the decision?

Angela Smith (Parliamentary Under-Secretary, Department for Communities and Local Government; Basildon, Labour)
It would be for Parliament to decide by order. The Secretary of State could not make the changes without putting an order before Parliament. There would probably need to be consultation and discussion. I do not think that any Government would move election dates lightly. The hon. Gentleman will recall that prior to the 2005 general election—
