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PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT Ninth Delegated Legislation Committee DRAFT POLICE AND CRIME COMMISSIONER ELECTIONS (AMENDMENT) (NO. 2) ORDER 2014 Thursday 17 July 2014 PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON – THE STATIONERY OFFICE LIMITED £5·00 Members who wish to have copies of the Official Report of Proceedings in General Committees sent to them are requested to give notice to that effect at the Vote Office. No proofs can be supplied. Corrigenda slips may be published with Bound Volume editions. Corrigenda that Members suggest should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Monday 21 July 2014 STRICT ADHERENCE TO THIS ARRANGEMENT WILL GREATLY FACILITATE THE PROMPT PUBLICATION OF THE BOUND VOLUMES OF PROCEEDINGS IN GENERAL COMMITTEES © Parliamentary Copyright House of Commons 2014 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1 Ninth Delegated17 JULY 2014 Legislation Committee 2 The Committee consisted of the following Members: Chair: MR CHRISTOPHER CHOPE † Abbott, Ms Diane (Hackney North and Stoke † Morris, Grahame M. (Easington) (Lab) Newington) (Lab) † Offord, Dr Matthew (Hendon) (Con) † Barclay, Stephen (North East Cambridgeshire) (Con) Paisley, Ian (North Antrim) (DUP) † Brine, Steve (Winchester) (Con) † Penning, Mike (Minister for Policing, Criminal Campbell, Mr Ronnie (Blyth Valley) (Lab) Justice and Victims) Corbyn, Jeremy (Islington North) (Lab) † Russell, Sir Bob (Colchester) (LD) † Dromey, Jack (Birmingham, Erdington) (Lab) † Stewart, Bob (Beckenham) (Con) † Hemming, John (Birmingham, Yardley) (LD) † Wilson, Phil (Sedgefield) (Lab) † Jenrick, Robert (Newark) (Con) Love, Mr Andrew (Edmonton) (Lab/Co-op) Edward Beale, Committee Clerk † Menzies, Mark (Fylde) (Con) † Milton, Anne (Lord Commissioner of Her Majesty’s Treasury) † attended the Committee 3 Ninth DelegatedHOUSE OF COMMONS Legislation Committee 4 be—has responsibility for it. The Electoral Commission Ninth Delegated Legislation supports using a pamphlet. I understand from the returning Committee officer that he will expect the candidates to pay £250 towards the cost of the pamphlet on top of their deposit of £5,000. Thursday 17 July 2014 As I have said, I would have hoped that we would not have to hold this Committee today. We would all have expected this matter to have been picked up during the [MR CHRISTOPHER CHOPE in the Chair] passage of the original Bill, but it was not. Let us be honest: it should have been. With that in mind I hope Draft Police and Crime Commissioner we can address the anomaly and have a successful Elections (Amendment) (No. 2) Order 2014 by-election, and increase turnout through the pamphlet. We will assess how the pamphlet works very carefully to see whether it increases the turnout. 11.30 am The Minister for Policing, Criminal Justice and Victims Stephen Barclay (North East Cambridgeshire) (Con): (Mike Penning): I beg to move, I welcome the Minister to his new duties and wish him well. Will he confirm whether someone has already That the Committee has considered the draft Police and Crime checked that there will be sufficient polling stations, in Commissioner Elections (Amendment) (No. 2) Order 2014. case of school building work or other issues there may It is a pleasure to serve under your chairmanship, be given the strange timing of this by-election? Mr Chope. I will say at the outset that we all would have hoped that the statutory instrument we are debating Mike Penning: My hon. Friend raises an important today would not need to be debated, not least since we point. I will not pre-empt what the returning officer has are doing so because a police and crime commissioner, to say—I think it will be later on today—but the intention Bob Jones, has sadly died. I am sure that the members is that the by-election will be during the school holidays. of the Committee would like to express our condolences A lot of the polling stations in our constituencies are in to his family, friends and loved ones. I also want to say schools, some of which are having major repairs done. how disappointed we all are that certain individuals That question was put to me privately by some Members decided that they would push for a by-election before of the House before the Committee, and I wanted to Mr Jones had even been buried. I know that has caused check the answer. I understand that 1,208 polling stations a great deal of concern and upset to his family. It was will be required for the by-election to take place. As of absolutely appalling. I hope the public in the west today, we are short of 29, which I think is quite a midlands know exactly what has gone on. remarkable result considering the timing of the election. With those remarks in mind, it is my privilege to ask Of course, contingency measures are in place to ensure the Committee today to consider the draft order, which that, for instance, portakabins will be available where was laid before the House on 9 July. It is a quite a necessary. I understand that the returning officer, whom specific piece of secondary legislation about how we I hope to meet next week—if not next week, certainly publicise the candidates. I have spoken to the shadow before the by-election—is content that it will be possible Minister about this already: until I looked at the order I to find the 29 polling stations. A substantial number of had thought—I think we all had—that there would polling stations are required at a difficult time, and I have been provision for that within the legislation already. commend the work of the returning officer and his In fact, I asked my officials to investigate fully whether officials on the matter. the issue had been raised at any time when the Police Reform and Social Responsibility Bill went through the Sir Bob Russell (Colchester) (LD): Is the Minister House. This anomaly—that is the best way to describe saying that for the substantial sum of £250, somebody it—had not been raised in this House on Second Reading, could have his or her name on literature delivered free in Committee, on Report or on Third Reading. Nor had to every household in Essex? it been raised during the Bill’s progress through the other place. Mike Penning: No, not least because the by-election is in the west midlands. I understand the point, and I Sadly, the processes of the House seem not to have am being slightly flippant; I apologise to the hon. worked. I hold my hands up. I was not the Minister at Gentleman. As I understand the situation, the cost to the time, and I know the shadow Minister did not have the candidate of the publication will be £250. However, his current role at the time, either, but if an amendment it is up to the returning officer to determine the cost on this issue had been tabled, I think we would have within a bracket of up to £1,000, and that is to be accepted it. I can only go on the basis of what I have confirmed. However, each candidate has to put down a been told. I hope I am not wrong, but I understand such deposit of £5,000, which they get back. The rest of the an amendment was not tabled; if it had been I think we cost of the pamphlet will be borne by the Home Office. would have accepted it, as it would have shown up the anomaly that we are dealing with today. Bob Stewart (Beckenham) (Con): Do we have any For the first time, there will be a by-election for a idea how much such a by-election will cost the public police and crime commissioner, in the west midlands—held purse? in very sad circumstances, as I said. We now have to address how we make sure that the public have full Mike Penning: My hon. Friend puts quite a difficult knowledge of who the candidates are. We intend to use question. The west midlands is a geographically and a pamphlet. The police area returning officer—I tend to demographically large area, and we are still looking at call them that; that is what we all understand them to what the cost to the taxpayer will be—we still have to go 5 Ninth Delegated17 JULY 2014 Legislation Committee 6 out to tender—but we think that the cost may well be 11.42 am about £700,000 to the taxpayer through the Home Jack Dromey (Birmingham, Erdington) (Lab): It is a Office’s budget. A lot is in the hands of the returning pleasure to serve under your chairmanship, Mr Chope. officer. I welcome the right hon. Gentleman to his new post as the Minister with responsibility for policing. He is a Grahame M. Morris (Easington) (Lab): I welcome decent, blunt, straightforward and—dare I say it, and I the right hon. Gentleman to his new post and wish him would, wouldn’t I?—well-spoken man. I pay tribute to well. I think he is in an invidious position. The Labour his predecessor, the right hon. Member for Ashford party opposed the concept of police and crime (Damian Green), with whom I worked closely. He, too, commissioners, principally on the grounds of cost. My was a decent man of great integrity. We had our concern is not only the cost that the Minister has disagreements, but I wish him all the best for the future.