House of Commons Public Bill Committee Proceedings

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

61

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Monday 18 October 2010

Committee of the whole House

Proceedings

Parliamentary Voting System and Constituencies Bill

[second day]

FALLEN AMENDMENTS

Under the authority of the Chairman of Ways and Means, Amendments Nos. 5, 6, 14

to 19, 88, 143, 20, 256, 246, 257, 223, 249, 89, 121, 258, 90, 122, 21 to 28, 46, 97, 47, 48,

98, 49, 50, 51, 99, 52, 53, 100, 54, 55, 101, 56, 57, 102, 144, 8, 79, 9, 80, 119, 145, 10,

81, 11, 206 to 217, 221, 222, 12, 82, 120, 251, 224, 35, 139, 103, and 123, New Clauses

3 to 5 and 13 to 16 and new Schedule 1 have been removed from the Amendment paper,

having fallen as a result of proceedings in the Committee. The texts can be found in pages

286-356 of Committee of the whole House paper, dated 12 October 2010.

The Deputy Prime Minister

Agreed to  261

Schedule  1,  page  14,  line  8,  at end insert—

‘Counting officers

1A  (1)
The counting officer for a voting area that is—

(a)
a district in England,

(b)
a county in England, or

(c)
a London borough,


is the person who, by virtue of section 35 of the 1983 Act, is the returning

officer for elections of councillors of the district, county or borough.

      (2)
The counting officer for the City of London voting area is the person who, by

virtue of that section, is the returning officer for elections of councillors of the

London borough of Westminster.

      (3)
The counting officer for the Isles of Scilly voting area is the person who, by

virtue of that section, is the returning officer for elections to the Council of the

Isles of Scilly.

      (4)
The counting officer for a voting area in Wales is the person who, by virtue of

provision made under section 13(1)(a) of the Government of Wales Act 2006,

is the returning officer for elections of members of the National Assembly for

Wales for the constituency that forms the voting area.

      (5)
The counting officer for a voting area in Scotland is the person who, by virtue

of provision made under section 12(1)(a) of the Scotland Act 1998, is the

Committee of the whole House Proceedings: 18 October 2010
62

Parliamentary Voting System and Constituencies Bill, continued

returning officer for elections of members of the Scottish Parliament for the

constituency that forms the voting area.

      (6)
The counting officer for the Northern Ireland voting area is the Chief Electoral

Officer for Northern Ireland.’.

The Deputy Prime Minister

Agreed to  262

Schedule  1,  page  14,  line  28,  leave out sub-paragraphs (3) to (5) and insert—

‘Assistance to counting officers etc

2A  (1)
A local authority whose area forms, or forms part of, a particular voting area

must place the services of their officers at the disposal of—

(a)
the counting officer for the voting area, and

(b)
the Regional Counting Officer (if any) appointed for the region that

includes the voting area,


for the purpose of assisting the officer in the discharge of his or her functions.

      (2)
In this paragraph “the local authority”—

(a)
in the case of a voting area that is a district or county in England, or a

London borough, means the council for that district, county or

borough;

(b)
in the case of the City of London voting area, means the Common

Council of the City of London;

(c)
in the case of the Isles of Scilly voting area, means the Council of the

Isles of Scilly;

(d)
in the case of a voting area in Wales, means the council of a county or

county borough;

(e)
in the case of a voting area in Scotland, means the council of a local

government area.’.

Alun Michael

Withdrawn  328

Schedule  1,  page  15,  line  35,  leave out ‘may’ and insert ‘must’.

The Deputy Prime Minister

Agreed to  168

Schedule  1,  page  15,  line  37,  at end insert—

‘( )
directions requiring them to take specified steps in preparation for the

referendum;’.

Alun Michael

Negatived on division  329

Schedule  1,  page  15,  line  37,  at end insert—

‘(aa)
directions about the discharge of their functions specifically in relation to

voters with disabilities;’.

The Deputy Prime Minister

Agreed to  169

Schedule  1,  page  15,  line  42,  at end insert—

‘( )
directions requiring them to take specified steps in preparation for the

referendum;’.

Committee of the whole House Proceedings: 18 October 2010
63

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

Agreed to  263

Schedule  1,  page  16,  line  6,  at end insert—

    ‘( )
The number of ballot papers or votes purportedly certified under this paragraph

or section 128 of the 2000 Act is not liable to be questioned by reason of a

defect in the title, or a lack of title, of any person purporting to exercise

functions in relation to the referendum, if the person was then in actual

possession of, or acting in, the office giving the right to exercise the

functions.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Negatived on division  136

Schedule  1,  page  17,  line  5,  at end insert ‘subject to the agreement of the Speaker’s

Committee on the Electoral Commission.’.

The Deputy Prime Minister

Agreed to  264

Schedule  1,  page  17,  line  5,  at end insert—

    ‘( )
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 the referendum question.’.

Mr Bernard Jenkin

Mrs Eleanor Laing

Mr Christopher Chope

Mr John Whittingdale

Sir Stuart Bell

Mr Edward Leigh

Not called  247

Schedule  1,  page  17,  line  5,  at end insert—

‘7A(1)
The Electoral Commission shall not issue any explanatory document to

persons entitled to vote in the referendum during the relevant period unless the

wording, content and design of such document has been agreed by both

organisations designated for the purposes of section 108 of the 2000 Act

(designation of organisations to whom assistance is available), where such

designations have occurred.

      (2)
In sub-paragraph (1) the “relevant period” is the relevant period for the

referendum as defined in section 125 of the 2000 Act (restriction on

publication etc. of promotional period by central governement etc.).’.

Alun Michael

Not called  330

Schedule  1,  page  17,  line  5,  at end insert—

‘Disabled voters

7A  (3)
The Electoral Commission must take steps to ensure that disabled voters are

able to access information and support to facilitate understanding and

participation in voting and elections.

      (4)
The Electoral Commission must issue guidance in relation to ensuring voters

with disabilities have equality of access to the places and process of voting.’.

Committee of the whole House Proceedings: 18 October 2010
64

Parliamentary Voting System and Constituencies Bill, continued

The Deputy Prime Minister

Agreed to  265

Schedule  1,  page  20,  line  38,  at beginning insert ‘Subject to sub-paragraphs (1B)

and (2),’.

The Deputy Prime Minister

Agreed to  266

Schedule  1,  page  20,  line  47,  at end insert—

  ‘(1A)
Sub-paragraph (1B) applies to a service rendered by—

(a)
the counting officer for a voting area in England, Wales or Scotland, or

(b)
a Regional Counting Officer,


which in the opinion of the Electoral Commission was inadequately

performed.

    (1B)
In respect of a service to which this sub-paragraph applies, the officer is

entitled under sub-paragraph (1) to no more than the amount (which may be

nil) that seems reasonable in all the circumstances—

(a)
to the Commission, or

(b)
on a taxation under paragraph 19, to the county court or Auditor.’.

Schedule, as amended, Agreed to.

Mr Graham Brady

Mrs Eleanor Laing

Mr Bernard Jenkin

Mr Charles Walker

Withdrawn  59

Clause  2,  page  2,  line  9,  after ‘constituency’, insert ‘with the exception of citizens

of Commonwealth countries or, subject to sub-paragraph (c) below, of the Republic of

Ireland.’.

Natascha Engel

Negatived on division  332

Clause  2,  page  2,  line  19,  at end insert ‘, and

(c)
the persons who, on that date, are aged 16 or 17 and would, but for their

age, be eligible for registration as electors at a parliamentary election in

any constituency.’.

Mr Graham Brady

Mrs Eleanor Laing

Mr Bernard Jenkin

Mr Charles Walker

Not called  60

Clause  2,  page  2,  line  19,  at end insert—


‘; and

(c)
citizens of the Republic of Ireland who are ordinarily resident in Northern

Ireland and who have chosen Irish citizenship under the terms of the

Good Friday Agreement.’.

Committee of the whole House Proceedings: 18 October 2010
65

Parliamentary Voting System and Constituencies Bill, continued

Mr Graham Brady

Mrs Eleanor Laing

Mr Bernard Jenkin

Mr Charles Walker

Negatived on division  61

Clause  2,  page  2,  line  19,  at end insert—


‘; and

(d)
British citizens living outside the United Kingdom and not currently

entitled to vote as electors at a parliamentary election in any

constituency.

(1A)
The Minister shall, within one month of the day on which this Act is passed, by

Order provide for a system of prior registration of those entitled to vote in the

referendum under subsection (1)(d) above, and for mechanisms by which their

votes can be cast.’.

Andrew Rosindell

Not called  156

Clause  2,  page  2,  line  19,  at end insert ‘; and

(c)
British subjects of Overseas Territories and Crown Dependencies who

have individually expressed a wish to participate in United Kingdom

Parliamentary elections.’.

Andrew Rosindell

Not called  157

Clause  2,  page  2,  line  19,  at end insert—

‘(1A)
The Minister must, within one month of the day on which this Act is passed, by

Order made by statutory instrument provide for a system of prior registration of

those entitled to vote in the referendum under subsection (1)(d) above, and for

mechanisms by which their votes can be cast.’.

Clause Agreed to.

Clause 3 Agreed to.

The Deputy Prime Minister

Agreed to  267

Schedule  2,  page  26,  line  5,  leave out ‘16th’ and insert ‘15th’.

Alun Michael

Not called  331

Schedule  2,  page  26,  line  31,  at end insert—

‘3A
Any notices must—

(a)
be published in a minimum 12 point font size, and

(b)
include a prominent message in minimum 16 point font highlighting

the availablility of accessible formats.’.

Luciana Berger

Not called  333

Schedule  2,  page  27,  line  3,  at end insert—

Committee of the whole House Proceedings: 18 October 2010
66

Parliamentary Voting System and Constituencies Bill, continued

‘Access to voting for disabled people

5A
Each ballot paper—

(a)
must be produced in a range of formats accessible to people with

disabilities;

(b)
must contain a tactile voting template to ensure participation by a blind

or partially sighted voter.’.

Luciana Berger

Not called  334

Schedule  2,  page  27,  line  26,  at end insert—

‘(za)
ensure such rooms selected for polling are accessible to persons with

disabilities in accordance with the requirements of the Equality Act

2010,’.

The Deputy Prime Minister

Agreed to  170

Schedule  2,  page  27,  line  33,  leave out ‘education’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Negatived on division  354

Schedule  2,  page  27,  line  37,  at end insert—

‘(iii)
a school which enjoys charitable status.’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  355

Schedule  2,  page  27,  line  38,  leave out from ‘Scotland’ to end of line 39 and insert

‘any school other than those which are run as profit-making enterprises’.

Edward Miliband

Sadiq Khan

Chris Bryant

Mr Peter Hain

Not called  356

Schedule  2,  page  27,  line  41,  after ‘Assembly’, insert ‘or a school which enjoys

charitable status’.

The Deputy Prime Minister

Agreed to  268

Schedule  2,  page  28,  line  2,  at end insert—

‘Modification of forms

9A  (1)
The Chief Counting Officer may, for the purpose of making a relevant form

easier for voters to understand or use, specify modifications that are to be made

to the wording or appearance of the form.

      (2)
In paragraph (1) “relevant form” means any of the following—

(a)
Forms 3 to 11, 14 and 16 in Part 2 of this Schedule;

Committee of the whole House Proceedings: 18 October 2010
67

Parliamentary Voting System and Constituencies Bill, continued

(b)
the form of the notice set out in rule 16(7).

      (3)
In this Part of this Act a reference to a form is to be read as a reference to that

form with any modifications specified under paragraph (1).

      (4)
Where a form is modified by virtue of paragraph (1), section 26(2) of the

Welsh Language Act 1993 applies as if the modified form were specified by

this Act.’.

The Deputy Prime Minister

Agreed to  269

Schedule  2,  page  28,  line  8,  leave out ‘16th’ and insert ‘15th’.

Luciana Berger

Not called  335

Schedule  2,  page  28,  line  29,  leave out from beginning to ‘about’ and insert

‘information’.

Luciana Berger

Not called  336

Schedule  2,  page  28,  line  32,  at end insert—

‘(ba)
a transcription into large or giant print;’.

Luciana Berger

Not called  337

Schedule  2,  page  28,  line  32,  at end insert—

‘(ba)
a transcription into electronic format;’.

The Deputy Prime Minister

Agreed to  270

Schedule  2,  page  29,  line  6,  leave out paragraphs (3) and (4) and insert—

    ‘(3)
In England, the polling station allotted to electors from any parliamentary

polling district wholly or partly within a particular voting area must, in the

absence of special circumstances, be in the parliamentary polling place for that

district unless the parliamentary polling place is outside the voting area.

    (3A)
In Wales, Scotland or Northern Ireland, the polling station allotted to electors

from any polling district must be in the polling place for that district.

      (4)
The polling districts and polling places that apply for the purposes of paragraph

(3A) are—

(a)
in Wales, those that would apply by virtue of provision made under

section 13(1)(a) of the Government of Wales 2006 in respect of an

election for membership of the National Assembly for Wales held on

the day of the referendum;

(b)
in Scotland, those that would apply by virtue of provision made under

section 12(1)(a) of the Scotland Act 1998 in respect of an election for

membership of the Scottish Parliament held on the day of the

referendum;

(c)
in Northern Ireland, those for the time being established under the law

relating to local elections with the meaning of section 130 of the

Electoral Law Act (Northern Ireland) 1962.’.

Luciana Berger

Not selected  338

Schedule  2,  page  29,  line  7,  at end insert ‘in whatever manner the voter thinks most

convenient.



© Parliamentary copyright 2010	Revised 19 October 2010