Parliamentary Voting System and Constituencies Bill

House of Lords

Session 2010 - 11
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Other Bills before Parliament

Parliamentary Voting System and Constituencies Bill

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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A
Bill
[AS AMENDED IN COMMITTEE]
To
Make provision for a referendum on the voting system for parliamentary
elections and to provide for parliamentary elections to be held under the
alternative vote system if a majority of those voting in the referendum are in
favour of that; to make provision about the number and size of parliamentary
constituencies; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Voting system for parliamentary elections
The referendum
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Referendum on the alternative vote system
(1)
A referendum is to be held on the voting system for parliamentary elections.
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(2)
The referendum must be held before 31 October 2011.
(3)
The question that is to appear on the ballot papers is—

At present, the UK uses the “first past the post”

system to elect MPs to the House of Commons.

Should the “alternative vote” system be used

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instead?

(4)
In Wales, the following Welsh version of the question is also to appear on the
ballot papers—

HL Bill 44
55/1

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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Ar hyn o bryd, mae’r DU yn defnyddio’r system

“y cyntaf i’r felin” i ethol ASau i Dœ’r Cyffredin.

A ddylid defnyddio’r system “pleidlais amgen”

yn lle hynny?

(5)
Schedule 1 has effect in relation to the referendum.
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2
Entitlement to vote in the referendum
(1)
Those entitled to vote in the referendum are—
(a)
the persons who, on the date of the referendum, would be entitled to
vote as electors at a parliamentary election in any constituency, and
(b)
the persons who, on that date, are disqualified by reason of being peers
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from voting as electors at parliamentary elections but—
(i)
would be entitled to vote as electors at a local government
election in any electoral area in Great Britain,
(ii)
would be entitled to vote as electors at a local election in any
district electoral area in Northern Ireland, or
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(iii)
would be entitled to vote as electors at a European
Parliamentary election in any electoral region by virtue of
section 3 of the Representation of the People Act 1985 (peers
resident outside the United Kingdom).
(2)
In subsection (1)(b)(i) “local government election” includes a municipal
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election in the City of London (that is, an election to the office of mayor,
alderman, common councilman or sheriff and also the election of any officer
elected by the mayor, aldermen and liverymen in common hall).
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Conduct of the referendum
(1)
The referendum is to be conducted in accordance with the rules set out in Part 1
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of Schedule 2.
(2)
Part 2 of that Schedule (forms and directions) has effect for the purposes of
those rules.
(3)
Schedule 3 (absent voting in the referendum) has effect.
(4)
Schedule 4 (application to the referendum of existing provisions) has effect.
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Combination of polls
(1)
Where the date of the poll for one or more of the following is the same as the
date of the poll for the referendum, the polls are to be taken together—
(a)
a local authority election in England;
(b)
a local referendum in England;
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(c)
a mayoral election in England.
(2)
The polls for the referendum and the Welsh Assembly general election in 2011
are to be taken together.
(3)
The polls for the referendum and the Scottish parliamentary general election in
2011 are to be taken together.
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(4)
The polls for—

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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(a)
the referendum,
(b)
the general election of members of the Northern Ireland Assembly to be
held on 5 May 2011, and
(c)
the Northern Ireland local elections to be held on that date,

are to be taken together.
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(5)
The following have effect—
Schedule 5, in relation to the polls to be taken together in England under
subsection (1);
Schedule 6, in relation to the polls to be taken together in Wales under
subsection (2);
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Schedule 7, in relation to the polls to be taken together in Scotland under
subsection (3);
Schedule 8, in relation to the polls to be taken together in Northern Ireland
under subsection (4).
(6)
Polls taken together under this section must not be taken together with any
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other polls (despite provision in any enactment to the contrary).
(7)
Section 16 of the Representation of the People Act 1985 (postponement of poll
at parish elections etc) does not apply to any polls taken together under
subsection (1).
(8)
If any of the elections referred to in subsections (2) to (4) are not held on the
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same day as the referendum, this Part has effect with any necessary
adaptations and in particular—
(a)
if the Welsh Assembly general election in 2011 is not held on that day,
subsection (2) and Schedule 6 do not apply (and Part 3 of Schedule 4
applies with the necessary adaptations);
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(b)
if the Scottish parliamentary general election in 2011 is not held on that
day, subsection (3) and Schedule 7 do not apply (and Part 3 of Schedule
4 applies with the necessary adaptations);
(c)
if any of the elections referred to in subsection (4) are not held on that
day, that subsection and Schedule 8 either do not apply or apply only
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in relation to the elections that are held on that day.
(9)
In this section—
“local authority election in England” means the election of a councillor of
any of the following—
(a)
a county council in England;
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(b)
a district council in England;
(c)
a London borough council;
(d)
a parish council;
“local referendum in England” means a referendum held in England
under Part 2 of the Local Government Act 2000;
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“mayoral election in England” means an election in England for the return
of an elected mayor as defined by section 39(1) of the Local
Government Act 2000;
“Northern Ireland local election” means a local election as defined by
section 130(1) of the Electoral Law Act (Northern Ireland) 1962;
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“Scottish parliamentary general election” means an ordinary election
under section 2 of the Scotland Act 1998;

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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“Welsh Assembly general election” means an ordinary election under
section 3 of the Government of Wales Act 2006.
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Press comment etc not subject to spending controls
Expenses incurred in respect of the publication of any matter relating to the
referendum, other than an advertisement, in—
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(a)
a newspaper or periodical,
(b)
a broadcast made by the British Broadcasting Corporation or Sianel
Pedwar Cymru, or
(c)
a programme included in any service licensed under Part 1 or 3 of the
Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996,
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are not “referendum expenses” for the purposes of Part 7 of the 2000 Act.
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Control of loans etc to permitted participants
(1)
The 2000 Act has effect in relation to the referendum as if the Schedule set out
in Schedule 9 to this Act were inserted in that Act as Schedule 15A.
(2)
Section 120 of the 2000 Act (returns as to referendum expenses) has effect in
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relation to the referendum as if at the end of subsection (2)(d) there were
inserted “and a statement of regulated transactions entered into in respect of
the referendum which complies with the requirements of paragraphs 11 to 15
of Schedule 15A”.
(3)
Section 123 of the 2000 Act (declaration of responsible person as to return
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under section 120) has effect in relation to the referendum as if for subsection
(3) there were substituted—
“(3)
In a case where the permitted participant either is not a registered party
or is a minor party, the declaration must also—
(a)
in relation to all relevant donations recorded in the return as
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having been accepted by the permitted participants—
(i)
state that they were all from permissible donors, or
(ii)
state whether or not section 56(2) was complied with in
the case of each of those donations that was not from a
permissible donor;
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(b)
in relation to all regulated transactions recorded in the return as
having been entered into by the permitted participant—
(i)
state that none of the transactions was made void by
paragraph 5(2) or (6) or 6(3) of Schedule 15A, or
(ii)
state whether or not paragraph 5(3)(a) of that Schedule
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was complied with in the case of each of the transactions
that was made void by paragraph 5(2) or (6) of that
Schedule.”
(4)
Section 124 of the 2000 Act (public inspection of returns under section 120) has
effect in relation to the referendum as if for subsection (2) there were
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substituted—
“(2)
If the return contains a statement of relevant donations or a statement
of regulated transactions in accordance with section 120(2)(d), the
Commission shall secure that the copy of the statement made available
for public inspection does not include—
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Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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(a)
in the case of any donation by an individual, the donor’s
address;
(b)
in the case of a transaction entered into by the permitted
participant with an individual, the individual’s address.”
(5)
Schedule 15 to the 2000 Act (control of donations to permitted participants) has
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effect in relation to the referendum as if—
(a)
paragraph (d) of paragraph 2(1) were omitted, together with paragraph
2(3)(a), the words “the loan or” in paragraphs 2(3) and 5(4)(a), the
words “(d) or” in paragraph 5(4), and paragraph 5(4)(a)(i);
(b)
for paragraph (b) of paragraph 10(2) there were substituted—
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“(b)
the value of it and any other relevant benefit or benefits
is more than that amount.

In paragraph (b) “relevant benefit” means any relevant donation or
regulated transaction (within the meaning of Schedule 15A) made by,
or entered into with, the person who made the donation.”
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(6)
Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of
that Schedule, have effect as if offences under paragraph 8(1) to (12) of the
Schedule set out in Schedule 9 to this Act were offences prescribed in an order
under that Part.
(7)
Paragraphs 4, 5, 6 and 8 of the Schedule set out in Schedule 9 do not apply to
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regulated transactions (within the meaning of that Schedule) entered into
before the commencement of this section; but otherwise the provisions of this
section (and that Schedule) apply to such transactions entered into before as
well as after that commencement.
(8)
Paragraph 7 of that Schedule applies only to a purported transfer made on or
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after the commencement of this section.
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Interpretation
(1)
In this Part—
“the 1983 Act” means the Representation of the People Act 1983;
“the 2000 Act” means the Political Parties, Elections and Referendums Act
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2000;
“Chief Counting Officer” means the Chief Counting Officer for the
referendum (see section 128(2) of the 2000 Act);
“counting officer” has the meaning given by paragraph 2 of Schedule 1;
“enactment” includes—
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(a)
any provision of an Act,
(b)
any provision of, or of any instrument made under, an Act of
the Scottish Parliament,
(c)
any provision of, or of any instrument made under, Northern
Ireland legislation, and
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(d)
any provision of subordinate legislation (within the meaning of
the Interpretation Act 1978);
“the Minister” means the Lord President of the Council or the Secretary of
State;
“permitted participant” has the same meaning as in Part 7 of the 2000 Act
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(see section 105(1) of that Act);
“the referendum” means the referendum under section 1;

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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“referendum rules” means the rules in Part 1 of Schedule 2;
“Regional Counting Officer” means an officer appointed under paragraph
3(1) of Schedule 1;
“registration officer” has the meaning given in section 8 of the 1983 Act;
“responsible person” has the same meaning as in Part 7 of the 2000 Act
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(see section 105(2) of that Act).
(2)
Each of the following, as it exists on the day of the referendum, is a “voting
area” for the purposes of this Part—
(a)
a district in England for which there is a district council;
(b)
a county in England in which there are no districts with councils;
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(c)
a London borough;
(d)
the City of London (including the Inner and Middle Temples);
(e)
the Isles of Scilly;
(f)
a constituency for the National Assembly for Wales;
(g)
a constituency for the Scottish Parliament;
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(h)
Northern Ireland.
Result of the referendum
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Commencement or repeal of amending provisions
(1)
The Minister must make an order bringing into force section 9, Schedule 10 and
Part 1 of Schedule 11 (“the alternative vote provisions”) if—
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(a)
more votes are cast in the referendum in favour of the answer “Yes”
than in favour of the answer “No”, and
(b)
the draft of an Order in Council laid before Parliament under
subsection (5A) of section 3 of the Parliamentary Constituencies Act
1986 (substituted by section 10(6) below) has been submitted to Her
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Majesty in Council under section 4 of that Act.
(2)
If more votes are not cast in the referendum in favour of the answer “Yes” than
in favour of the answer “No”, the Minister must make an order repealing the
alternative vote provisions.
(3)
An order under subsection (1) must bring the alternative vote provisions into
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force on the same day as the coming into force of the Order in Council in terms
of the draft referred to in paragraph (b) of that subsection.
(4)
An order under subsection (1) may make transitional or saving provision.
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The alternative vote system: amendments
(1)
In Schedule 1 to the 1983 Act (parliamentary elections rules), after rule 37 there
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is inserted—
“How votes are to be given
37A   (1)
A voter votes by marking the ballot paper with—
(a)
the number 1 opposite the name of the candidate who is the
voter’s first preference (or, as the case may be, the only
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candidate for whom the voter wishes to vote),

Parliamentary Voting System and Constituencies Bill
Part 1 — Voting system for parliamentary elections
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(b)
if the voter wishes, the number 2 opposite the name of the
candidate who is the voter’s second preference,

and so on.
      (2)
The voter may mark as many preferences (up to the number of
candidates) as the voter wishes.”
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(2)
After rule 45 in that Schedule there is inserted—
“How votes are to be counted
45A   (1)
This rule sets out how votes are to be counted, in one or more stages
of counting, in order to give effect to the preferences marked by
voters on their ballot papers and so to determine which candidate is
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elected.
      (2)
Votes shall be allocated to candidates in accordance with voters’ first
preferences and, if one candidate has more votes than the other
candidates put together, that candidate is elected.
      (3)
If not, the candidate with the fewest votes is eliminated and that
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candidate’s votes shall be dealt with as follows—
(a)
each vote cast by a voter who also ranked one or more of the
remaining candidates shall be reallocated to that remaining
candidate or (as the case may be) to the one that the voter
ranked highest;
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(b)
any votes not reallocated shall play no further part in the
counting.
      (4)
If after that stage of counting one candidate has more votes than the
other remaining candidates put together, that candidate is elected.
      (5)
If not, the process mentioned in paragraph (3) above shall be
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repeated as many times as necessary until one candidate has more
votes than the other remaining candidates put together, and so is
elected.
Information to be given by returning officer after each stage of counting
45B   (1)
If no candidate is elected (as mentioned in rule 45A(2)) at the first
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stage of counting, the returning officer shall, immediately after that
stage, record and make publicly available the following
information—
(a)
the number of first-preference votes obtained by each
candidate;
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(b)
which candidate was eliminated;
(c)
the number of rejected ballot papers.
      (2)
Immediately after each subsequent stage of counting, except the final
stage (on completion of which the requirements in rule 50 apply), the
returning officer shall record and make publicly available the
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following information—
(a)
the number of votes obtained by each candidate at that stage
(including any reallocated in accordance with rule 45A);
(b)
which candidate was eliminated at that stage;