Draft European Parliamentary Elections (Northern Ireland) (amendment) Regulations 2013
The Committee consisted of the following Members:
† Blenkinsop, Tom (Middlesbrough South and East Cleveland) (Lab)
† Bray, Angie (Ealing Central and Acton) (Con)
Clarke, Mr Tom (Coatbridge, Chryston and Bellshill) (Lab)
† Ellis, Michael (Northampton North) (Con)
Goggins, Paul (Wythenshawe and Sale East) (Lab)
† Healey, John (Wentworth and Dearne) (Lab)
† Lloyd, Stephen (Eastbourne) (LD)
† Lumley, Karen (Redditch) (Con)
Mactaggart, Fiona (Slough) (Lab)
† Nokes, Caroline (Romsey and Southampton North) (Con)
† Pound, Stephen (Ealing North) (Lab)
† Raynsford, Mr Nick (Greenwich and Woolwich) (Lab)
Reevell, Simon (Dewsbury) (Con)
† Robathan, Mr Andrew (Minister of State, Northern Ireland Office)
Simpson, David (Upper Bann) (DUP)
† Swayne, Mr Desmond (Vice-Chamberlain of Her Majesty's Household)
† Walker, Mr Robin (Worcester) (Con)
† Ward, Mr David (Bradford East) (LD)
Neil Caulfield, Committee Clerk
† attended the Committee
First Delegated Legislation Committee
Monday 4 November 2013
[Mr Christopher Chope in the Chair]
Draft European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013
4.30 pm
The Minister of State, Northern Ireland Office (Mr Andrew Robathan): I beg to move,
That the Committee has considered the draft European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013.
May I say what a pleasure it is to serve under your chairmanship, Mr Chope? I am optimistic that it will not be for too long—at least this afternoon.
The draft regulations, which were laid before the House on 18 July, update the administrative framework for European parliamentary elections in Northern Ireland ahead of the poll scheduled for 22 May 2014. The regulations implement a European Union Council directive and amend the current rules for European parliamentary elections to make changes that have already been made for parliamentary and local elections in Northern Ireland. We consulted the Electoral Commission and the chief electoral officer for Northern Ireland, and his office, on the draft regulations.
Let me turn first to the implementation of EU Council directive 2013/1/EU. The regulations amend the European Parliamentary Elections (Northern Ireland) Regulations 2004 to transpose for Northern Ireland the changes made by the directive. The Council directive concerns the right to stand as a candidate in elections to the European Parliament for citizens of the Union who live in a member state of which they are not nationals. In the UK, that means an EU citizen who wants to stand for election in the UK, but is not a UK, Irish or Commonwealth citizen—in simple terms, an “EU candidate”.
Similar legislation for Great Britain was brought forward by the Cabinet Office and made on 3 November. However, the implementation of the directive must be slightly different in Northern Ireland, owing to the use of the single transferable vote system in Northern Ireland. Let me reassure the Committee that Irish citizens of the UK are treated on the same basis as British citizens for these purposes; the changes apply only to citizens of the Union who are not British, Irish or Commonwealth citizens.
John Healey (Wentworth and Dearne) (Lab): I am glad to see the Minister in his new post. Can he explain how things will be different because of the single transferable vote system?
Mr Robathan: The single transferable vote system is a different system of proportional representation—which my Liberal Democrat colleagues think is a frightfully good idea. It has been imposed in Northern Ireland for different reasons, which we understand, and it means
that people would get a preference, which they would not get in a first-past-the-post vote. That is the difference—I think that is a satisfactory answer.Let me turn to the changes made by the regulations that reflect changes that have already been made for other elections in Northern Ireland. First, as Members will be aware, the Electoral Registration and Administration Act 2013 provides that persons inside the polling station or queuing outside at the close of poll can apply for a ballot paper. The regulations make the same change in respect of European parliamentary elections in Northern Ireland.
Secondly, as Members will know, voters applying for a ballot paper in Northern Ireland are required to present identification. In 2010, amendments were introduced to include European Community licences within the definition of “driving licence” in the prescribed documents that can be produced when a voter applies for a ballot paper in parliamentary and local elections. The regulations make the same change in respect of European parliamentary elections. Thirdly, amendments were made to absent voting provisions in 2010 for parliamentary and local elections. The regulations make the same changes for European parliamentary elections. Applicants for a postal vote are now required to give an explanation when applying for a ballot paper to be sent to a different address from that in the register. Changes are also being made to the requirements in relation to attestation of applications for an absent vote on the grounds of blindness or other disability.
The regulations make two further necessary amendments relating to the conduct of European parliamentary elections. Polling districts and places designated for European parliamentary elections in Northern Ireland were previously the same as those used for parliamentary elections and, in turn, polling places for parliamentary elections were based on those for local elections. As a result of local government reform in Northern Ireland, the local government boundaries will now no longer be the same as the parliamentary boundaries, so the polling station schemes for local and parliamentary elections will need to be different. The regulations provide that polling places for European parliamentary elections will now be the same as those for local elections.
The final amendment made by the regulations makes it an offence in Northern Ireland for a person to stand as a candidate in a European parliamentary election in more than one electoral region of the United Kingdom, which is already an offence in Great Britain. I hope the Committee will agree that the regulations are sensible and necessary to facilitate the European parliamentary election in Northern Ireland next year, and I commend them to the Committee.
4.35 pm
Stephen Pound (Ealing North) (Lab): May I repeat the earlier comment on the great pleasure experienced on both sides of the Committee at serving under your august gaze, Mr Chope? May I also welcome the right hon. and gallant Gentleman to his position? He is my third Minister of State.
Mr Robathan: You may see out a few more.
Stephen Pound: They get better every time. It is a pleasure to see the Minister, and I am sure I speak for the whole Committee when I say that both sides wish him every happiness and success with his operation. May he make the manufacturer suffer in court.
The regulations have been considered by a great many different agencies, and they were introduced in Grand Committee in the other place by the noble Baroness Randerson. My noble Friend Lord McAvoy spoke for Her Majesty’s Opposition, and he put it on record that we do not object to the substance of the regulations, as they have been widely consulted upon. We have discussed virtually every aspect of the regulations, but a couple of minor points were raised in the other place. Notification and the verification of a candidate’s status in another EU country were mentioned, but—it is unusual for me to say this—I am entirely satisfied with the response we received, so it would not be relevant to raise those questions again. There are many other issues, such as the verification of postal ballots, on which Northern Ireland of course leads Great Britain. The verification process is already in place in Northern Ireland.
Looking at the Electoral Registration and Administration Act 2013 is like looking at a particularly rich and succulent Christmas pudding, because it contains all manner of fine, delicious figs, plums and even sixpenny pieces. There are some marvellous things, although sadly not all of them are directly relevant to what we are discussing today. However, I particularly liked new regulation 15A, entitled “Inadequate performance of returning officer”, which allows for pay to be stopped. If a returning officer performs inadequately, a new salary may be agreed, “which may be nil”. That is quite an attractive proposition.
John Healey: My hon. Friend has obviously studied the regulations more closely than I have. Will he explain what, either in the regulations or in his view, would count as underperformance by a returning officer?
Stephen Pound: I did not request that question, but I am delighted to luxuriate in my response. Later we will be discussing people excluded at the close of poll, which is an example of underperformance. As we saw, people were denied the right to vote in cities such as Sheffield in 2010. The amendment regulations before the Committee contain two points on that.
First, anyone present within a polling station at the close of poll shall be issued with a ballot paper and entitled to vote. Secondly, and particularly relevant to my right hon. Friend’s question, there is a loosely drafted and worrying regulation—I would be grateful for written confirmation of its scope—that would include anyone in a queue outside a polling station. I am not a suspicious person—I take life as it comes, by and large—but a queue could be 25 miles long. How long is a queue? A queue could be three people or 300 people. The constituents of the hon. Member for Ealing Central and Acton were queuing around the block to vote for her. So what is a queue? I suspect that, almost miraculously, an answer will come winging through the air and allow the Minister to provide the definition of “a queue”. [ Interruption. ]
Mr Robathan: The answer is sailing through the air in a different way. The chief electoral officer for Northern Ireland is directly accountable to the Secretary of State
for Northern Ireland, so the salary costs are paid directly. I also understand that there is no returning officer fee in Northern Ireland; the salary costs are paid by us.Regarding queues, we have taken the view—I hope that the hon. Member for Ealing North will approve—that there has to be some pragmatism. Returning officers are the people on the ground at the time, and they should be able to take a look and say, “Well, these people are here at close of play, at 10 o’clock, and therefore we will allow them to vote.” Typically, there is space in polling stations for people to get in; therefore, if people are queuing up, they can be brought into the station. There is also better security at many polling stations in Northern Ireland than on the UK mainland. We have to allow returning officers some leeway. I hope that satisfies the hon. Gentleman’s concerns about queuing.
Stephen Pound: The right hon. and gallant Gentleman has mentioned leeway and pragmatism. That brings me on to the one point on which I was going to seek clarification: the issue of coterminosity of electoral districts. His opening remarks echoed the words uttered by the noble Baroness Randerson in the other place about the chief electoral officer being given
“the flexibility to use some different polling districts and places”.—[Official Report, House of Lords, 29 October 2013; Vol. 748, c. GC556.]
In Northern Ireland, the suggestion is that the European Parliament electoral regions be based on the local government electoral districts, not the parliamentary electoral districts. We are dealing with a small population—just over 1.5 million—in a small area, and there could be sound reasons for that decision. However, everyone on the Committee knows that few things are more sensitive in Northern Ireland than geography, and particularly psephological geography.
Stephen Pound: History also casts a long shadow over these matters; so when I hear the right hon. and gallant Gentleman reiterate the talk of leeway and flexibility being given to the electoral officers, I become slightly worried. Will he say whether the situation will be reviewed in future? Will the chief officer in Northern Ireland look at its significance and consequences? Does the Minister feel there is an issue of concern there? We are talking about new local government boundaries, and the process of drawing them up was contentious. I therefore think we should consider the matter.
This is a classic piece of tidying-up legislation. People will not go to the barricades for it; Governments will not fall as a result of this Statutory Instrument Committee. However, life will be made a bit easier in Northern Ireland, and so I must concur with the noble Lord McAvoy and say that Her Majesty’s Opposition are content with the legislation. Having scrutinised it at great length and in detail, we will on this occasion, if not on every occasion, be supporting Her Majesty’s Government.
4.42 pm
Mr Robathan: I am grateful to the hon. Gentleman for his comments, and for his typically amusing way of looking at the issue—I say that in the nicest possible
sense, with no criticism. He raised the issue of boundaries. The local government electoral boundaries have changed, but the European electoral boundaries have not: they remain the same as before, and the European elections will be fought on the same boundaries. I hope that will satisfy him.Aside from that, I hope the Committee is satisfied with the regulations.