Localism Bill

My Lords, before we consider the implications of these amendments, it is important to remember that we are not actually talking about voting in the referendum itself but about the petition. It is the view of the Government that it is up to a local authority to determine the validity of any referendum that is presented to it. Amendment 120G would introduce a new layer of bureaucracy requiring that an electoral registration officer must validate each petition to check the names, addresses and signatures of each person who signs a petition. This potentially places a significant burden on the ERO and could lead to delays in the holding of a referendum. An authority will clearly be able to check signatures on the petitions if there is a serious thought that it might be filled with forgeries but it must be for the local authority to decide how it wishes to do so. The authority may consider it unnecessary to verify every signature before it can determine whether the petition is a valid expression of local opinion. Those authorities that wish to devote their time and resources to check each signature may do so. The Government’s view is that most will take a sensible approach. There is no need to impose this extra burden. It would also be impossible for local authorities to comply with the amendment at present. As my noble friend Lord Rennard admitted, our voter registration does not require the signatures of each elector on the voter registration form, only a signature from one member of the household. As such, local authorities do not hold the signatures of each individual voter, as this amendment would require. My noble friends may have sought to address this point through Amendment 188, which provides that the whole chapter on local referendums cannot be commenced until universal voter registration has been introduced. This would delay commencement of the local referendums regime and thus delay giving local people the mechanism to make their voice heard on issues that matter most to them. I do not believe that is the thinking of the coalition. Amendment 129A suggests a drafting change to the definition of who would be entitled to vote in a local referendum, probing why we have used the form of words that are currently in Clause 54(1). The answer is somewhat technical: there are some categories of people who are local government electors but who are not entitled to vote in a local election; for example if they are in prison. Amendment 129H would restrict the category of person who can sign a petition calling for a referendum to those who are registered by a particular date specified in the petition. This is just the sort of procedural technicality that certain lawyers would love to seize on to challenge the validity of a referendum. There really is no need for it. It would implicitly give rise to an obligation on all petitioners to include such a date expressly. I therefore hope that with these assurances the amendment will be withdrawn. There is no requirement for a signature as part of our plans for individual voter registration because that would prevent registration by phone or e-mail, for example, which may be included in those proposals. With those considerations, I hope that the noble Lord will be able to withdraw his amendment.