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Lord Falconer of Thoroton: My Lords, it is for the train operating companies and Railtrack in administration to negotiate the terms of the arrangements that exist between them. The Rail Regulator has a role in that. If he is not satisfied with the arrangements that are being made, he can intervene. I believe that that is the right way for the matter to be left.
Lord Bradshaw: My Lords, does the Minister agree that the job of a regulator in any privatised industry is to promote efficiency, reduce the prices charged to users, secure safety and promote the sharing of capacity? Which of those duties does the Minister consider the regulator to have discharged successfully? If the answer is none, why is he still in his job?
Lord Falconer of Thoroton: My Lords, as read out to me, the summary of the role of the regulator sounds correct, but I hope that noble Lords will not hold me to the precise wording. I believe that the regulator has an incredibly important role to play in relation to the rail industry. Precisely where the rail industry is in relation to each of those issues is plainly a matter for conjecture. However, it is important that, in performing his role, the Rail Regulator delivers on all the tasks to which the noble Lord referred in his summary of the Rail Regulator's role.
Viscount Astor: My Lords, the Minister is very proud of his Government's 10-year transport plan.
However, can he explain how the train operators are expected to co-operate with that plan when they are being given only a two-year extension to their franchises?
Lord Falconer of Thoroton: My Lords, the 10-year plan sets out a proposal for infrastructure in this country. It deals with the future of the rail industry. My right honourable friend in another place explained some time ago why two-year extensions were being given. It was in the context of the long-term future of transport in this country.
Lord Campbell of Alloway: My Lords, is the noble and learned Lord aware whether Railtrack is aware that the track between platforms 1 and 2 at Lewes station is in a decrepit and wholly dangerous state and has been for some time?
Lord Falconer of Thoroton: My Lords, I was not aware of that until the noble Lord mentioned it. Obviously his remark will be passed straight to Railtrack.
Postal Voting
2.49 p.m.
Lord Greaves asked Her Majesty's Government:
- Whether the safeguards in relation to postal voting in the recent local elections operated satisfactorily.
Lord Falconer of Thoroton: My Lords, we have no reason to believe that the safeguards in relation to postal voting, which have been in place for many years, did not operate satisfactorily in last May's local elections. Some of the all-postal voting pilot projects experimented with changes to the postal voting arrangements. The Electoral Commission's evaluations of the pilot projects, which are due to be published before 2nd August, will include examinations of how each change worked.
Lord Greaves: My Lords, I thank the Minister for that Answer. In fact, it has been reported that a number of severe abuses of the postal voting system took place on 2nd May throughout the country, including in my own borough of Pendle in Lancashire. There, some 984 postal votes in four marginal wards were sent out, not to the electors to whom they were addressed but to a number of central addresses which turned out to be those of close relatives of Labour candidates or of known party activists. The votes were then delivered—if they were delivered at all—to the electors at a time and in a manner of their choosing. Does the Minister agree that that should not happen within the postal voting regulations and that the potential for abuse—people walking down the street with fists full of postal voting papers belonging to other people—is huge? Before any further extension of postal voting can take place, does he also agree that some of the loopholes that are being discovered and
exploited by unscrupulous people in Britain, as well as in Northern Ireland, should be investigated and closed? This matter is extremely serious as it concerns electoral fraud and the foundations of our democracy.
Lord Falconer of Thoroton: My Lords, I cannot comment on the allegations made by the noble Lord, as I know nothing about them. Postal voting was extended for the last general election, when it was made easier to obtain a postal vote than it had been previously. The number of people who used postal votes increased from about 2.1 per cent to about 3.9 per cent. The Electoral Commission looked at the overall conduct of the general election and came to the conclusion that there was no reason to suppose that there had been increased fraud in relation to an increase in postal voting. As the noble Lord knows, a number of all-postal voting electoral pilots in the local elections led to a significant increase in voting. Those pilots will be examined by the Electoral Commission and it intends to report on 2nd August. Perhaps we should wait to see what the commission says before coming to any conclusions.
Lord Taylor of Blackburn: My Lords, does my noble and learned friend agree that, if anyone has a complaint of an improper act, he or she should report it to the police and not to the House?
Lord Falconer of Thoroton: My Lords, I entirely agree with my noble friend.
Baroness Hanham: My Lords, it has been suggested that the Secretary of State for Transport, Local Government and the Regions is considering introducing all-postal voting for the European elections, as appeared in the press over the weekend. In view of what the Minister has said about the report of the Electoral Commission, will the results of that report be discussed in the House before any further decision is made about all-postal voting? Will the House have an opportunity to consider the safeguards raised by the noble Lord, Lord Greaves? All-postal voting means that votes will be sent to everyone in a constituency, where quite often there can be a 40 per cent turnover of people in an area. Will the House see the report and have an opportunity to discuss and to consider it before any further decisions are taken about all-postal voting elections?
Lord Falconer of Thoroton: My Lords, the Electoral Commission is an independent body. It says that it will publish the report before 2nd August. These issues are important, but it is more than my life is worth to commit the Chief Whip to any agreement to a debate.
Lord McNally: My Lords, the Electoral Commission is carrying out work because of the low turn-out in recent elections. Does the Minister agree that it takes democrats to make democracy work? Walking into a polling station to deliver a vote is not the most onerous of civic duties. Rather than experimenting in various ways with polling stations
hither and thither, postal ballots and so on, a programme of civic education in our schools and wider could be instituted and we could ask the media to co-operate so that our citizens put a value on a vote for which our parents and grandparents sacrificed a great deal.
Lord Falconer of Thoroton: My Lords, I agree that it takes democrats to make a proper election, but there is no reason at all why sensible steps should not be taken to make it easier for people to vote. Let us see the effects of the Electoral Commission's report on 2nd August. We should all applaud increases in voting if they have occurred in a proper manner.
Baroness Gould of Potternewton: My Lords, is my noble and learned friend aware that one of the functions of the Electoral Commission is to provide voter education and to look at the bodies that can most satisfactorily help in that process? The Opposition opposed that proposal when it was put forward during the passage of the Political Parties, Elections and Referendums Bill.
Lord Falconer of Thoroton: My Lords, I am aware that that is the role of the Electoral Commission. It is an important role that it is discharging with considerable skill. Yes, I am aware that the Opposition opposed such a proposal.
Baroness Gardner of Parkes: My Lords, is the Minister aware that Australia has an effective electoral system, whereby one is obliged to vote. If people do not vote they are heavily fined, and if people conscientiously do not want to vote, they can deface their paper, so there is no restriction on that. Does the Minister agree that such a process may overcome the lack of education in relation to voting?
Lord Falconer of Thoroton: My Lords, I am aware that there is compulsory voting in Australia. I do not believe that it would be appropriate for this country.
Ian Stillman
2.56 p.m.
Lord Ashley of Stoke asked Her Majesty's Government:
- What representations they have made to the Indian authorities about the alleged miscarriage of justice in the case of Ian Stillman.
Baroness Amos: My Lords, the British Government have made repeated representations to the Indian authorities on behalf of Ian Stillman. Our objectives have been to ensure proper conditions for him and a transparent and expeditious judicial process. The judicial process concluded on 6th May this year. We have noted the allegation of a miscarriage of justice
and await permission from Mr Stillman and his family to refer the case to a lawyer on our pro bono panel to obtain legal advice on this.
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