Scottish Parliament (Elections etc.) Order 2010

I hear what the noble Lord says. I could not quite remember where he was in the chronology of the Gould report, but he has now confirmed that he was the Secretary of State who received the report. The point that he makes is perfectly fair. However, the errors were spotted only very late in the day and have been drawn to the attention of the Joint Committee on Statutory Instruments. They were not spotted by the Electoral Commission when it looked at the draft order, nor by the electoral officers to whom the drafts were sent out, either on this occasion or on two previous occasions. That does not excuse the fact that the errors are regrettable and must be looked at. The point is fairly made that perhaps such errors flag up the need to have a thorough-going review of the orders. That said, as the noble Lord acknowledged in his intervention, there is nothing in the draft order that should impair in any way the operation of the elections in May next year. As I have indicated, we will draw the matter to the attention of the Electoral Commission for further consideration. Indeed, I think it has been suggested that the orders could possibly have been withdrawn and relaid. However, given the statutory obligation to consult the Electoral Commission, timing was one of the key issues that Mr Gould’s report flagged up. Therefore, it is important that we proceed with the draft order, while acknowledging, with regret, the errors that exist. I turn to the substance of the draft order. The draft order consolidates legislation on the conduct of Scottish Parliament elections, so that the majority of rules governing those elections are now in one document, which we hope will make it easier for electoral administrators and political parties to use. The draft order sets out for the 2011 elections that we will return to a manual count of ballot papers for both the Scottish Parliament constituency and regional elections. There will be separate ballot papers for the constituency and regional votes, unlike in 2007, when both the constituency and regional votes were on a single ballot paper. Registered party names must be used on ballot papers and the design of the ballot paper follows the principles set out in the Electoral Commission’s publication Making your mark—Good practice for designing voter materials: guidance for government policy-makers. There will be a longer timetable for running the election—increased from 21 days to 28 days—and, to accommodate administrative demands of increased postal voting, there will be a longer period between the close of nominations and the date of election, with an increase from 16 days before the poll to 23 days. The deadline for registering to vote by post and the earliest time that postal votes can be issued is still 11 days before the poll. The longer period between close of nominations and the date of election will help to accommodate the increased demand to vote by post. Once all the names of all the candidates are known, ballot papers can be printed without any further delays and sent out immediately after the deadline for registering for a postal vote has passed. For consistency, we have brought the control of donations to candidates and limits on candidates’ expenditure into line with the principles set out in the Westminster rules. Apart from the consolidation of the 2008 and 2009 amendments to the 2007 order, the main new changes that have been made are: new requirements for the review of polling districts and places; the application to candidates at Scottish parliamentary elections, other than party list candidates, of the regime for control of donations to candidates that applies to UK parliamentary elections; limits to the expenses that may be incurred by or on behalf of candidates, other than party list candidates, in the pre-candidacy or so-called long campaign period before a Scottish parliamentary general election; revised requirements for candidates’ returns as to election expenses; revised requirements for the information that has to appear on election publications; an increase in the minimum period between the dissolution of the Scottish Parliament and the day of poll from 21 days to 28 days, which reflects the increase in the overall timetable for Scottish Parliament elections recommended in the Gould report; and provision for electoral registration officers to supply returning officers and other persons or organisations with a consolidated version of the register that takes account of any alterations, as opposed to having to provide a copy of the original register and individual copies of the notices of alteration. There is no longer to be a separate timetable for by-elections. In addition, the draft order provides for: minor errors on nomination forms to be corrected by either the constituency or regional returning officer; grandparents or grandchildren to assist a person with disabilities to vote at a polling station; a requirement on the voter to sign the tendered votes list; the responsibility for the storage of election documents to be transferred from sheriff clerks to constituency returning officers. The provisions on the death of a candidate during the election period have also been revised. Changes have been made to what information on Members should be entered in the Scottish Parliament’s returns book and to restrict the availability of the returns book for public inspection to the life of the Parliament or to such later date as the Presiding Officer of the Scottish Parliament may direct. The electoral registration officer is now required to inform people that they have been appointed as a proxy and of the length of their appointment. The draft order provides for limited access to, and for the supply of copies of, absent voting records, such as the postal voters list, for candidates, political parties and elected representatives as well as for public inspection of those records under supervision. The draft order allows the returning officer to determine which of a candidate’s proposed agents are to be appointed for the purpose of attending the postal voting proceedings if the list submitted by the candidate contains more names than authorised by the returning officer. As Members of your Lordships’ House know, the Government wish to proceed with the referendum on the UK general election voting system on 5 May next year. The Bill dealing with that is currently under consideration in your Lordships’ House—indeed a number of noble Lords have participated in those debates. On Monday, your Lordships’ House rejected an amendment that would have prevented the referendum poll from taking place on 5 May 2011, when the elections are scheduled. In closing my introductory remarks, I wish to make reference to the Scotland Bill, which signals the Government’s commitment to implement the proposals contained in the Calman Commission on Scottish Devolution, including the recommendation to devolve responsibility for the administration of elections. Indeed, no doubt the comments made by the noble Lord, Lord Browne, will be taken into account by those who administer elections in the future. The Scotland Bill was introduced in the House of Commons on 30 November, but it is clear that the Bill will not receive Royal Assent ahead of the May 2011 elections. Of course, not all of Ron Gould’s recommendations were for the United Kingdom Government to act on; some of them were for the Scottish Government, the Electoral Commission or, indeed, for electoral administrators to implement. I hope that this House is reassured that the draft order will ensure that we take the necessary steps recommended by Ron Gould—accepted and adopted by the previous Administration and incorporated into the draft order—and ensure a successful election in May 2011. I commend the order to the House.