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PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT Seventh Delegated Legislation Committee DRAFT NATIONAL ASSEMBLY FOR WALES (REPRESENTATION OF THE PEOPLE) (AMENDMENT) ORDER 2016 DRAFT NATIONAL ASSEMBLY FOR WALES (REPRESENTATION OF THE PEOPLE) (AMENDMENT) (NO. 2) ORDER 2016 DRAFT POLICE AND CRIME COMMISSIONER ELECTIONS (AMENDMENT) ORDER 2016 Tuesday 1 March 2016 PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON – THE STATIONERY OFFICE LIMITED 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 Saturday 5 March 2016 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 2016 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1 Seventh Delegated1 MARCH 2016 Legislation Committee 2 The Committee consisted of the following Members: Chair: MR GEORGE HOWARTH † Carmichael, Neil (Stroud) (Con) † Hoare, Simon (North Dorset) (Con) † Cleverly, James (Braintree) (Con) † Johnson, Gareth (Dartford) (Con) Clwyd, Ann (Cynon Valley) (Lab) † McMahon, Jim (Oldham West and Royton) (Lab) † David, Wayne (Caerphilly) (Lab) † McGinn, Conor (St Helens North) (Lab) † Davies, Dr James (Vale of Clwyd) (Con) † Penrose, John (Parliamentary Secretary, Cabinet Office) † Djanogly, Mr Jonathan (Huntingdon) (Con) † Throup, Maggie (Erewash) (Con) † Evans, Chris (Islwyn) (Lab/Co-op) Flynn, Paul (Newport West) (Lab) Ben Williams, Committee Clerk † Foster, Kevin (Torbay) (Con) † Heaton-Harris, Chris (Daventry) (Con) † attended the Committee 3 Seventh DelegatedHOUSE OF COMMONS Legislation Committee 4 The draft National Assembly for Wales (Representation Seventh Delegated Legislation of the People) (Amendment) Order 2016 requires a poll Committee at an Assembly election to be combined with a poll at a PCC election when both polls are held on the same day, as will happen on 5 May 2016. The order therefore Tuesday 1 March 2016 designates the constituency returning officer at the Assembly election as the lead returning officer when an ordinary Assembly election is combined with an ordinary PCC [MR GEORGE HOWARTH in the Chair] election. It ensures that voters will cast their vote at the same polling station for both polls and that a different Draft National Assembly for Wales coloured ballot paper is used for each poll. Returning (Representation of the People) officers will be able to issue a single poll card and may (Amendment) Order 2016 issue to postal voters one postal ballot pack with two different sets of voting papers inside instead of two separate packs for each election. 2.30 pm The order updates the forms used by voters, such as The Parliamentary Secretary, Cabinet Office (John poll cards and postal voting statements, to make the Penrose): I beg to move, voting process more accessible, and includes Welsh language That the Committee has considered the draft National Assembly versions of the forms. The order provides for names of for Wales (Representation of the People) (Amendment) Order 2016. candidates to appear on the ballot paper for the election of regional members; for police community support officers The Chair: With this it will be convenient to consider to enter polling stations and counting venues under the the draft National Assembly for Wales (Representation same conditions as police constables; and that voters of the People) (Amendment) (No. 2) Order 2016 and waiting in a queue at the close of poll can still vote. It the draft Police and Crime Commissioner Elections also brings postal voting in Welsh Assembly elections in (Amendment) Order 2016. line with other elections elsewhere in the UK. In response to a recommendation by the Electoral John Penrose: It is good to have you in the Chair, Commission, the order increases the spending limits for Mr Howarth, guiding us with a deft touch as always. It candidates at Assembly elections to take account of the is a wonderful coincidence of, I am sure, intentional effects of inflation, which means that the maximum amount parliamentary scheduling to have a statutory instrument that candidates standing in an Assembly constituency about Welsh elections on St David’s day. I begin with an may spend is increased from £7,150 to £8,700 as well as abject apology to the rest of the Committee for not an additional 9p, up from 7p, for every elector in a sporting a leek or a daffodil. With a Celtic name like county constituency and an additional 6p, up from 5p, Penrose, I thought I would be pushing my luck as a for every elector in a borough constituency. Cornishman by turning up wearing Welsh apparel. Points of order would have been raised and all sorts of terrible Following a recommendation by the Electoral things, but I am with everybody in sympathy at least. Commission, the order provides for a fee for a returning officer at an Assembly election to be reduced if they These rules are a vital but, I hope, uncontroversial have performed inadequately at the election. That mirrors and rather humdrum piece of electoral plumbing. In equivalent provision made for UK parliamentary elections this country, we often take it for granted that elections in the Electoral Registration and Administration Act 2013. will be run professionally and efficiently by high-quality electoral administrators, but to run smoothly the system The second order simply corrects errors that appeared depends on detailed legislation such as the orders before in the Welsh language sections of some of the forms set us. out in the National Assembly for Wales (Representation The draft orders make changes to the rules for the of the People) (Amendment) Order 2016. [Interruption.] administration and conduct of elections to the National I hear tutting from the Labour Front Bench. I am sure Assembly for Wales and of police and crime commissioners. that the hon. Member for Caerphilly will put right any In particular, they make provision for the combination interpretations in the language of heaven that are needed of polls at Welsh Assembly and PCC elections when when he makes his contribution. they are held on the same day. They also apply provisions The third order complements the Assembly order by in the Electoral Registration and Administration Act 2013 making equivalent change to the rules for PCC elections and associated secondary legislation, which makes a held on the same day as Assembly polls. It also provides number of changes to the rules for UK parliamentary that when PCC and Assembly elections are combined, elections, to Welsh Assembly elections as well. the voting areas for the purposes of the PCC election in All three draft orders are similar to measures that Wales are Assembly constituencies rather than local have been considered in earlier debates on the conduct authority areas. That ensures that both polls are of other elections and referendums. The changes have administered on the ground using the same area—Assembly already been made to the PCC elections in a previous constituencies—and a single returning officer. For the instrument that was considered and approved in an PCC poll, the returning officer for a voting area will be earlier Committee sitting. We have consulted on the the local returning officer who is the constituency returning instruments with the Electoral Commission and with officer for the Assembly constituency. The Electoral other stakeholders such as the Association of Electoral Commission and electoral administrators in Wales Administrators and the Welsh Government, and we specifically requested that we aligned the voting areas in have incorporated many or all of their conclusions and that way to help the effective running of the combined proposals in the draft orders. polls. The commission commented that the change reflected 5 Seventh Delegated1 MARCH 2016 Legislation Committee 6 its view and that of returning officers in Wales, and it elections is to be welcomed, but there are risks and potential prevents a potential risk to the effective administration difficulties nevertheless. The Electoral Commission, in of the election. an appendix to a report entitled “Combination with the I believe and hope that the changes in the orders Welsh General Election in May 2016”, identified three concerning the conduct and administration of the two potential “significant risks”. First, it said: sets of polls will help to increase voter participation, “There will be two different electoral systems in use, incorporating support the integrity of our electoral system and ensure three methods of voting, and three ballot papers.” that the polls scheduled for May 2016 are run effectively. That is perfectly correct. The additional member system is used for Welsh Assembly elections, so constituency 2.36 pm and regional list Members are elected, providing a Wayne David (Caerphilly) (Lab): It is a pleasure to be proportional representation top-up. The PCC elections, here on St David’s day. Even though we are considering of course, will use a supplementary vote system, as they matters Welsh by accident rather than design, it is did last time. That is a form of PR, but it is a different nevertheless great to be here and it is a pleasure to serve form. Understandably, there is the potential for a great under your chairmanship, Mr Howarth. As the Minister deal of confusion among electors if they are being said, many of the changes have been discussed and asked on the same day, in the same voting booth, using debated in a different form. Many of the proposals two different forms of proportional representation and apply to the National Assembly for Wales and bring on three ballot papers. That puts great responsibility on legislation into line with the Electoral Registration and the Government to ensure that proper information is Administration Act 2013.