Previous Section Back to Table of Contents Lords Hansard Home Page


Lord Glentoran: The amendment proposes a useful tidying up and strengthening of the Bill in this area. I support that.

Lord Williams of Mostyn: The noble Lord, Lord Maginnis, said very courteously that these are probing amendments. So I have to plunge off into the thickets of what I understand electoral law to be.

4 Feb 2002 : Column 493

Amendments Nos. 14 and 15 seek to amend the Representation of the People Act 1983 in relation to parliamentary and local election petitions. One of the problems is that the 1983 Act does not cover local elections in Northern Ireland. I am sorry that that is a legalistic answer, but the noble Lord asked for some detail.

Amendment No. 14 would require a returning officer to investigate the conduct of an election on receipt of a complaint that the election should be invalid or being notified of the presentation of a parliamentary or local election petition. He would be required to investigate only where there was an alleged irregularity in the registration of electors or the misuse of electoral identity cards.

I think that the problem that arises is that an election petition cannot be brought on grounds relating to the register of electors. Appeals about registration decisions can be made to the courts under Sections 56 and 58 of the 1983 Act but not about an election petition. Subject to the appeals on Sections 56 and 58, the register is in effect conclusive.

By the time we have completed and I hope perfected the Bill, taken as a whole—I stress that no individual remedy will prove the complete answer—Members of the Committee are I think agreed that the accuracy of the register will be improved. The individuals seeking the opportunity to vote will have to complete an individual application form. As I said earlier, he or she will have to provide additional personal data which the CEO will be able to check from his own records and make inquiries elsewhere where he has reason to doubt the authenticity of an application.

Amendment No. 15 is different. That extends the period of time in which a parliamentary election petition can be presented from 21 days to 28 days where that petition questioned the election or return on the allegation of irregularity in the registration of electors. It would also extend to 28 days the amount of time within which a petition questioning an election or return, on an allegation of an illegal practice, can be amended with leave of the court.

We have the same problems that I mentioned earlier—an election petition cannot be brought on grounds relating to the register of electors. Election petitions of course can be brought on a whole range of grounds but not on the one on which the noble Lord's amendment is focused. So I do not dissent from his proposition that there are difficulties in electoral law,

4 Feb 2002 : Column 494

as I have recently encountered in trying to understand these problems. However, I do not think that his amendments will produce the desired outcome.

Lord Maginnis of Drumglass: I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendment No. 15 not moved.]

Clause 7 [Short title, interpretation, commencement and extent]:

Lord Maginnis of Drumglass moved Amendment No. 16:


    Page 6, line 32, leave out from "appoint" to end of line 34.

The noble Lord said: This matter has probably been fully debated. The amendment seeks to delete from Clause 7(3) the words,


    "and different days may be appointed for different provisions and for different purposes".

The issue relates directly to a previous amendment moved by the noble Lord, Lord Glentoran. It is a paving amendment for phasing out non-photographic forms of ID. In the light of the helpful assurances that we have had so far, and the assurance that the noble and learned Lord will look at other matters that have been raised today, it is not my intention to press this matter either. I beg to move.

Lord Williams of Mostyn: I am grateful for the approach taken by the noble Lord, Lord Maginnis. On Amendment No. 16 we need separate commencements. For instance, we want to bring the provisions in relation to the collection of signatures and dates of birth into force early. But we cannot bring in the statutory questions relating to confirmation of date of birth because that information is provided only during the canvass. As the noble Lord, Lord Glentoran, said, that canvass will not occur until October of this year. We will not be able, for instance, to allow the Chief Electoral Officer to require a signature and date of birth on the absent vote application to be consistent with what is already registered if the registration has not at that stage been completed. We have a deliberate rolling plan to introduce regulations and powers when they are appropriate to meet current circumstances. I hope that that explanation is a little further help.

Lord Maginnis of Drumglass: I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 7 agreed to.

In the Title:

[Amendment No. 17 not moved.]

House resumed: Bill reported without amendment.

        House adjourned at twenty-two minutes past five o'clock.

4 Feb 2002 : Column 493


Next Section Back to Table of Contents Lords Hansard Home Page