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195

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Tuesday 9 February 2010

Committee of the whole House

Proceedings

Constitutional Reform and Governance Bill

[sixth Day]

Remaining New Clauses

Referendum on voting systems

Secretary Jack Straw

Read a second time on division  NC88

To move the following Clause:—

‘(1)
A referendum is to be held, no later than 31 October 2011, on the voting system

for parliamentary elections.

(2)
The Secretary of State must—

(a)
present to Parliament a Command Paper describing an alternative-vote
5
system for consideration by voters in the referendum;

(b)
by order made by statutory instrument specify the question to be asked in

the referendum (and any statement that is to precede the question) and fix

the date of the poll.

(3)
The question specified under subsection (2)(b) must ask voters whether they
10
would prefer the alternative-vote system described in the Command Paper to be

used for parliamentary elections instead of the existing voting system (commonly

referred to as “first past the post”).


Any form of words to that effect may be used.

(4)
In this section “alternative-vote system” means a system under which, for each
15
constituency—

(a)
one candidate is elected;

(b)
voters must indicate their first-choice candidate and may also rank any or

all of the other candidates in order of preference;

(c)
votes are allocated to candidates in accordance with voters’ first choices
20
and, if one candidate has more votes than the other candidates put

together, that candidate is elected;

(d)
if not, the candidate with the fewest votes is eliminated and that

candidate’s votes are dealt with as follows—

(i)
each vote cast by a voter who also ranked one or more of the
25
remaining candidates is reallocated to that remaining candidate

or (as the case may be) to the one that the voter ranked highest;

(ii)
any votes not reallocated play no further part in the counting;

Committee of the whole House Proceedings: 9 February 2010
196

Constitutional Reform and Governance Bill, continued

(e)
if one candidate now has more votes than the other remaining candidates

put together, that candidate is elected;
30
(f)
if not, the process mentioned in paragraph (d) is repeated as many times

as necessary until one candidate has more votes than the other remaining

candidates put together, and so is elected.

(5)
The reference in subsection (4)(d) to the candidate with the fewest votes, in a case

where there are two or more candidates with fewer votes than the others but an
35
equal number to each other, is a reference to the candidate eliminated in

accordance with whatever provision is made for that case.

(6)
The reference in subsection (4)(f) to the candidate with more votes than the other

remaining candidates put together, in a case where there are only two remaining

candidates and they have an equal number of votes, is a reference to the candidate
40
elected in accordance with whatever provision is made for that case.

(7)
A statutory instrument specifying the question to be asked in the referendum or

fixing the date of the poll may not be made unless a draft of the instrument has

been laid before and approved by a resolution of each House of Parliament.

(8)
Subsection (1) and sections [Entitlement to vote] to [Restriction on legal
45
challenge to referendum result] do not apply (and no further duty arises under

subsection (2)(b)) if either House of Parliament, on a motion to approve a draft

laid under subsection (7), decides not to approve it (unless the Secretary of State

decides to lay the draft again under subsection (7), or to lay a revised draft under

that subsection, and the re-laid or revised draft is approved by a resolution of each
50
House).’.

As Amendments to Secretary Jack Straw’s proposed New Clause (NC88):—

David Howarth

Mr David Heath

Not called  (a)

Line  1,  leave out ‘31 October’ and insert ‘30 May’.

Mr Frank Field

Not called  (j)

Line  4,  leave out ‘describing an alternative-vote system’ and insert ‘setting out

the mechanism, and the advantages and disadvantages, of

(a)
an alternative-vote system,

(b)
a two-round runoff system,

(c)
the existing voting system (commonly referred to as “first past the

post”).’.

David Howarth

Mr David Heath

Negatived on division  (b)

Line  4,  leave out ‘an alternative-vote’ and insert ‘a single transferable vote’.

Mark Lazarowicz

Not selected  (m)

Line  4,  after ‘alternative-vote’, insert ‘top-up’.

David Howarth

Mr David Heath

Not called  (f)

Line  6,  leave out from ‘instrument’ to ‘fix’ in line 7.

Committee of the whole House Proceedings: 9 February 2010
197

Constitutional Reform and Governance Bill, continued

David Howarth

Mr David Heath

Not called  (g)

Line  8,  at end insert—

‘(2A)
The Electoral Commission must, not later than three months after the passing of

this Act, specify the question to be asked in the referendum (and any statement

that is to precede the question).’.

David Howarth

Mr David Heath

Not called  (h)

Line  9,  leave out ‘(2)(b)’ and insert ‘(2A)’.

Mr Frank Field

Not called  (k)

Line  9,  leave out from ‘voters’ to end of line 12 and insert ‘to select one of three

options set out in the Command Paper.’.

David Howarth

Mr David Heath

Not called  (c)

Line  10,  leave out ‘the alternative-vote’ and insert ‘a single transferable vote’.

Mark Lazarowicz

Not selected  (n)

Line  10,  after ‘alternative-vote’, insert ‘top-up’.

Mark Lazarowicz

Not selected  (o)

Line  13,  at end insert—

‘(4)
In this section and in schedule [Election of Regional Members to the House of

Commons] “alternative-vote top-up system” means a system under which—

(a)
eighty per cent. of Members of the House of Commons are returned from

constituencies under the “alternative-vote system”;

(b)
twenty per cent. of Members of this House are returned from regions on

a “top-up list system”.’.

David Howarth

Mr David Heath

Not selected  (d)

Line  14,  leave out subsections (4) to (6) and insert—

‘(4)
A single transferable vote system is one conducted according to the rules laid out

in schedule [Single Transferable Vote System of Election for the House of

Commons]’.

Mr Frank Field

Not called  (l)

Line  40,  at end insert—

‘(6A)
In this section “two-round runoff system” means a system under which, for each

constituency—

(a)
one candidate is elected;

(b)
a second ballot may be held if a candidate is not elected on the first ballot;

Committee of the whole House Proceedings: 9 February 2010
198

Constitutional Reform and Governance Bill, continued

(c)
for a candidate to be elected they must secure more than fifty per cent. of

the votes cast on either the first or second ballot;

(d)
on the first ballot voters must nominate a single candidate;

(e)
on the first ballot there is no limit to the number of candidates which may

stand;

(f)
votes are allocated to candidates and, if one candidate has more than fifty

per cent. of the votes cast, that candidate is elected;

(g)
if not, the two candidates with the most votes on the first ballot enter a

second ballot to be dealt with as follows—

(i)
the second ballot must be held one week after the first ballot;

(ii)
voters must nominate a single candidate;

(iii)
no new candidate may enter the second ballot;

(iv)
votes are allocated to candidates and the candidate with the most

votes is elected;

(h)
if in the second ballot it appears that there is an equality of votes between

both candidates, the returning officer shall decide between them by lot

and proceed as if the candidate on whom the lot then falls had received

an additional vote.’.

David Howarth

Mr David Heath

Not called  (i)

Line  41,  leave out subsection (7).

Mark Lazarowicz

Not selected  (p)

Line  43,  at end insert—

‘(7A)
In this section, a “top-up list system” means a system under which—

(a)
regions shall be constituted of no fewer than six and no more than ten

constituencies; and

(b)
for each region, candidates are returned for regions according to the rules

laid out in schedule [Election of Regional Members to the House of

Commons].’.

David Howarth

Mr David Heath

Not called  (e)

Line  44,  leave out subsection (8).

Clause added on division.

Entitlement to vote

Secretary Jack Straw

Added  nc89

To move the following Clause:—

Committee of the whole House Proceedings: 9 February 2010
199

Constitutional Reform and Governance Bill, continued

‘Those entitled to vote in the referendum under section [Referendum on voting

systems] are—

(a)
the persons who, on the date of the poll, would be entitled to vote as

electors at a parliamentary election in any constituency, and

(b)
the persons (not within paragraph (a)) who on that date would be entitled

to vote as electors at an election to the European Parliament in any

electoral region because of section 8(3) or (4) of the European

Parliamentary Elections Act 2002 (peers).’.

Referendum period

Secretary Jack Straw

Added  nc90

To move the following Clause:—

‘(1)
This section sets out what is the referendum period, for the purposes of Part 7 of

the Political Parties, Elections and Referendums Act 2000, for the referendum

under section [Referendum on voting systems].

(2)
Subject to subsection (3), the referendum period—

(a)
begins with the date of the making of the order under section

[Referendum on voting systems] that fixes the date of the poll, and

(b)
ends with the date of the poll.

(3)
If the order mentioned in subsection (2)(a) fixes a date that is more than 6 months

after the day on which the order is made, the referendum period is the period of 6

months ending with the date of the poll.’.

Role of Electoral Commission

Secretary Jack Straw

Added  nc91

To move the following Clause:—

‘(1)
‘The Electoral Commission must take whatever steps they think appropriate to

promote public awareness about the referendum under section [Referendum on

voting systems] and how to vote in it.

(2)
The Electoral Commission may take whatever steps they think appropriate to

provide, for persons entitled to vote in the referendum, information about each of

the two voting systems referred to in section [Referendum on voting systems](3).’.

Committee of the whole House Proceedings: 9 February 2010
200

Constitutional Reform and Governance Bill, continued

Payments to counting officers

Secretary Jack Straw

Added  nc92

To move the following Clause:—

‘(1)
A counting officer is entitled to recover his or her charges in respect of services

rendered, or expenses incurred, for or in connection with the referendum under

section [Referendum on voting systems] if—

(a)
the services were necessarily rendered, or the expenses were necessarily

incurred, for the efficient and effective conduct of the referendum, and

(b)
the total of the officer’s charges does not exceed the amount (“the overall

maximum recoverable amount”) specified in, or determined in

accordance with, an order made by the Secretary of State by statutory

instrument, with the consent of the Treasury, for the purposes of this

subsection.

(2)
An order under subsection (1) may specify, or make provision for determining in

accordance with the order, a maximum recoverable amount for services or

expenses of a specified description.


Subject to subsection (3), the counting officer may not recover more than that

amount in respect of such services or expenses.

(3)
In a particular case the Electoral Commission may, with the consent of the

Treasury, authorise the payment of—

(a)
more than the overall maximum recoverable amount, or

(b)
more than the specified maximum recoverable amount for any specified

services or expenses,


if the Commission are satisfied that the conditions in subsection (4) are met.

(4)
The conditions are—

(a)
that it was reasonable for the counting officer concerned to render the

services or incur the expenses, and

(b)
that the charges in question are reasonable.

(5)
The Electoral Commission must pay the amount of any charges recoverable in

accordance with this section on an account being submitted to them.


But if the Commission think fit they may, before payment, apply for the account

to be taxed under section [Taxation of counting officer’s account].

(6)
Where the superannuation contributions required to be paid by a local authority

in respect of a person are increased by a fee paid under this section as part of a

counting officer’s charges at the referendum, then on an account being submitted

to them the Electoral Commission must pay to the authority a sum equal to the

increase.

(7)
On the counting officer’s request for an advance on account of the officer’s

charges, the Electoral Commission may make an advance on such terms as they

think fit.

(8)
The Electoral Commission may by regulations make provision as to the time

when and the manner and form in which accounts are to be rendered to the

Commission for the purposes of the payment of a counting officer’s charges.

(9)
An order or regulations under this subsection may make different provision for

different cases.

(10)
Any sums required by the Electoral Commission for making payments under this

section are to be charged on and paid out of the Consolidated Fund.’.

Committee of the whole House Proceedings: 9 February 2010
201

Constitutional Reform and Governance Bill, continued

Taxation of counting officer’s account

Secretary Jack Straw

Added  nc93

To move the following Clause:—

‘(1)
An application for a counting officer’s account to be taxed must be made—

(a)
except where paragraph (b) applies, to a county court;

(b)
where the counting officer is one who was appointed for an area in

Scotland, to the Auditor of the Court of Session.


A reference in this section to “the court” includes a reference to the Auditor

mentioned in paragraph (b).

(2)
On any such application the court has jurisdiction to tax the account in such

manner and at such time and place as the court thinks fit, and finally to determine

the amount payable to the counting officer.

(3)
Where an application is made for a counting officer’s account to be taxed, the

officer may apply to the court for it to examine any claim made by any person

(“the claimant”) against the officer in respect of matters charged in the account.

(4)
On an application under subsection (3), after the claimant has been given notice

and an opportunity to be heard and to tender any evidence, the court may allow,

disallow or reduce the claim, with or without costs.


The court’s determination of the claim is final for all purposes and as against all

persons.

(5)
An application under subsection (1) for taxation of the account of the counting

officer for Northern Ireland must be made to the county court that has jurisdiction

at the place where the officer certified the number of ballot papers counted and

votes cast.’.

Restriction on legal challenge to referendum result

Secretary Jack Straw

Added  nc94

To move the following Clause:—

‘(1)
No court may entertain any proceedings for questioning the number of ballot

papers counted or votes cast in the referendum under section [Referendum on

voting systems] as certified by the Chief Counting Officer or a counting officer

unless—

(a)
the proceedings are brought by a claim for judicial review, and

(b)
the claim form is filed before the end of the permitted period.

(2)
In subsection (1) “the permitted period” means the period of 6 weeks beginning

with—

(a)
the date on which the Chief Counting Officer or counting officer gives a

certificate as to the number of ballot papers counted and votes cast in the

referendum, or

(b)
if the Chief Counting Officer or counting officer gives more than one

such certificate, the date on which the last is given.

(3)
In the application of this section to Scotland, subsection (1) has effect—

(a)
with the substitution in paragraph (a) of “a petition” for “a claim”;



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