New Clause 19
Local Government and Public Involvement in Health Bill
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.
Angela Smith (Parliamentary Under-Secretary, Department for Communities and Local Government; Basildon, Labour)
When we adjourned earlier, I was waffling about a date. [Hon. Members: “No, no!”] I have lots of help from my colleagues. I was making a point about occasions when the date of an election should be changed. It should be changed only in exceptional circumstances, to be helpful and supportive to the electorate. That would be the main reason.
The new clause will ensure that any such proposal would always come before the House. It would be subject to the affirmative resolution procedure and would be voted on by the House. I can confirm that we have spoken to the Local Government Association, which is content with the new clause.
The hon. Member for North-East Bedfordshire asked whether it would be a matter of arranging for the elections to be on the day of local council elections or on the day of European Parliament elections. The proposal in the new clause is to align the election dates. European Parliament elections always take place over a four-day period, from the Thursday to the Sunday, and they have to take place in June. The specific dates are set by the unanimous decision of member states in the European Council, so obviously the British Government would play a role in deciding on the date. Alignment of the dates is important.
There are two key points. The date will be set by agreement of the House of Commons—by a vote in the House—and the proposal is intended to help the electorate as a whole. Nobody would ever do this lightly. It is an important step. The new clause gives the option to the House to vote, if required, on the alignment of election dates.
Alistair Burt (Shadow Minister (Communities and Local Government), Communities and Local Government; North East Bedfordshire, Conservative)
I am grateful for the Minister’s explanation, and thank her for the time that she spent on it. It is tempting for the people of Biggleswade to feel that perhaps those in Barcelona, Bavaria and Budapest should bend to their will. However, in the spirit of international co-operation, and on the basis that this may not happen on each and every occasion, we can appreciate the reasons for the new clause. I am grateful to the Minister for explaining the thinking behind it.