Part of the debate – in the House of Lords at 7:36 pm on 28 February 2002.
My Lords, these short draft amending regulations make two changes to the Local Authorities (Conduct of Referendums) (England) Regulations 2001 which came into force on 2nd April last year following approval by both Houses of Parliament.
The first proposed amendment addresses an anomaly in the principal regulations made last year. The effect of the amendment is to make clear that it is possible for a local authority to hold an all-postal referendum in combination with an election that is also being held on an all-postal basis. It will, of course, continue to be the case that an all-postal referendum may not be combined with an election held using the traditional polling station method.
The second change proposed is the opening up of these referendums to the full scope of the electoral innovation pilot schemes provided for in the Representation of the People Act 2000. The electoral pilot provisions were not originally extended to referendums because there had been no referendums of this type yet held so there would have been nothing for a referendum pilot to be properly assessed against. We have subsequently seen a succession of mayoral referendums. The Government believe, therefore, that the time is right to open up the full scheme allowing local authorities to apply for pilots using innovations other than all-postal balloting. In line with the requirements of the Local Government Act 2000 we have consulted the Electoral Commission. It has expressed its support for the policy that would be given effect by the draft.
Finally, I should like to place formally on record that I am satisfied that these regulations comply with the Human Rights Act 1998. I commend the regulations to your Lordships. I beg to move.
Moved, That the draft regulations laid before the House on 7th February be approved [20th Report from the Joint Committee].—(Lord Falconer of Thoroton.)