Part of the debate – in the House of Lords at 7:41 pm on 24 February 2003.
My Lords, as the Minister explained, this is the third order of its kind to come before us. My impression is that this one is bigger and bulkier than any of its predecessors. I take it that this is the order that will govern the Assembly elections in May this year. I hope that some advance publicity will be given to the contents, especially the provisions relating to proxy and postal voting, as knowledge of how to obtain such votes is patchy at present. They could help to improve turn-out, which last time was 46 per cent—pretty low.
A host of questions arise from the order. I can refer to only some in the limited time available. Article 15(1) refers to the combination of Assembly and local government elections on the same day. That begs the question of why local government elections, which should fall this year, have been postponed to next year. I do not think that we have had a satisfactory explanation—one that does not savour of party political advantage. Can the Minister confirm that in the event of a combined elections day in future, the polling hours will be the same? Article 45 deals with the limitation of election expenses by the number of electors on rolling registers. Can the Minister say what leeway will be allowed for candidates whose expenses were within the limit in the period prior to the election but marginally over the limit due to a fall in numbers on the register at the time of the election? There is some concern too about local authority familiarity with the use of rolling registers.
Turning to Part 4 of the order and legal proceedings, again a number of questions arise. Article 87 deals with time limits for the presentation of petitions concerning undue elections or returns. Where allegations come to light after the time limit, which may often be the case, how can redress be sought? Incidentally, is there a similar time limit for elections to the United Kingdom Parliament?
I am tempted to pass Article 99 but it is worth noting that if a court decided that the election of a constituency member were void, nevertheless the validity of regional members election, although related to the constituency election, would not be affected. I suppose that a line has to be drawn somewhere.
Article 115(2) states that where corruption has occurred to further the number of votes received by a political party at regional level, such corruption shall be treated as having had the purpose of helping each candidate on that party's list. So presumably they will all be punished in the same manner whether they were party to the corruption or not, or even if they reported it?
Article 122(4) states that any person elected to the Assembly who is then convicted of electoral malpractice must vacate the seat. Even if that person appeals successfully against his conviction, the article implies that he will not be able to reclaim the seat that was rightly his. That can hardly be just.
Similarly, Article 129 appears to be very sweeping in imposing a liability to punishment on all members of an association that commits an offence under the order, whether they were aware of the offence or not and possibly having reported it to the relevant authorities. It is surely unjust that a law-abiding member of an association who, unknown to him, breaks the law should be held responsible.
Schedule 5, paragraph 17, allows for the publication of regional party lists. What intrigues many is what the position would be if, after the close of nominations, a candidate on the regional list of a registered political party defected to another party. Would that candidate be excluded from the list or would that candidate still be elected if his original party was allocated a sufficient number of seats? I admit that the question seems far fetched until the case arises. I am not at all sure that I have understood paragraphs 52 and 58 of Schedule 5 and their relationship to each other.
Paragraph 52 allows for a recount of regional votes cast at constituency level but a close run between parties at that level will hardly matter until the votes are added up at regional level. Paragraph 58 allows the agent present at the calculation of the regional totals to request, prior to the allocation of seats,
"the regional returning officer to provisionally ascertain those results again".
Does that mean that agents have the right to ask for a recount of the regional votes in each constituency or simply a recalculation of the sum of constituency totals received at regional level? It is not clear. The difference between the competing parties will probably be most critical and the demand for a recount will probably be the keenest when the last seat is allocated.
There are a number of other points that I hope the noble Lord will examine, such as the referencing in paragraph 7 of Schedule 3 to paragraphs (4) and (6) of Article 31 that do not exist in my copy. There is also a reference in Article 127 to a time limit for commencement of legal action in Scotland and Northern Ireland which seems to be an oddity in an order relating to Wales. Otherwise, we shall not oppose the order.