Electoral Administration Bill

moved Amendment No. 84:"After Clause 35, insert the following new clause—" ““PHOTOGRAPHS ON BALLOT PAPERS: PILOTING (1)   This section applies if a local authority makes a proposal that an order be made under subsection (2) applying to particular local government elections held in its area. (2)   The Secretary of State may by order (a pilot order) make provision for the purposes of enabling ballot papers issued at such local government elections as are specified in the order to contain photographs of the candidates. (3)   A pilot order may include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order. (4)   The Secretary of State must not make a pilot order unless he first consults the Electoral Commission. (5)   A pilot order may make provision implementing the local authority’s proposal— (a)   without modification, or (b)   with such modifications as the Secretary of State and the local authority agree between them. (6)   If the Secretary of State makes a pilot order— (a)   he must send a copy of it to the local authority and to the Electoral Commission, and (b)   the local authority must publish the order in their area in such manner as they think fit. (7)   A pilot order may be amended or revoked by a further order. (8)   The Secretary of State may reimburse a returning officer for any expenditure necessarily incurred by him in consequence of the making of a pilot order. (9)   A local authority is— (a)   in England, a county council, a district council, a London borough council or the Greater London Authority; (b)   in Wales, a county council or a county borough council. (10)   In this section— (a)   ““local government election”” must be construed in accordance with section 203(1) of the 1983 Act; (b)   a reference to the area of a local authority must be construed in accordance with the definition of ““local government area”” in that subsection.”” The noble Baroness said: My Lords, in moving this amendment I shall speak also to Amendments Nos. 85 and 86. These amendments seek to fulfil a commitment made by my honourable friend the Minister of State for Constitutional Affairs on 17 November during the Committee stage of the Bill. It involved allowing us to provide for piloting at a local level of photos on ballot papers and, should a subsequent evaluation prove positive, the amendments also allow for roll-out at UK parliamentary and local elections and by-elections. The Electoral Commission supports this piloting provision and understands the need to consult further ahead of piloting. There was a degree of concern in the other place about the use of touched-up photos and the tendency for candidates to prefer to use older photos. Indeed—this would not happen in your Lordships’ House, of course—in the other place, the honourable Member for Somerton and Frome, David Heath, pointed out that some reference books to the House showed how some people seemed to,"““have aged remarkably little since the late 1950s””.—[Official Report, Commons, 17/11/05; col. 114.]" I reassure my noble Lords that before we move to roll out such a system we would consult with stakeholders and political parties to ensure that all parties are in agreement when piloting this significant change to the ballot paper. That is a firm commitment. The amendments take the form of three new clauses after Clause 35, replacement of counterfoils in part 6 ballot papers. Amendment No. 84 permits the piloting of the use of photographs of candidates on ballot papers. Amendment No. 85 requires the Electoral Commission to evaluate the operation of the order. Amendment No. 86 provides that where a pilot has taken place and been evaluated and the Secretary of State thinks that it would be desirable for similar provision to that made in the pilot order to be made on a general and permanent basis, he may make a further order revising the election rules for UK parliamentary and local elections. The power to make a pilot order under Amendment No. 84 can be exercised by the Secretary of State only in relation to local elections and following an application from the relevant local authority to run a pilot scheme. The Secretary of State must consult the Electoral Commission before making the order. The power to make a rollout order under Amendment No. 86 can be exercised only in relation to local government and UK parliamentary elections and by-elections. Again, the Secretary of State must consult the Electoral Commission, and the power to make an order would be by the affirmative resolution process. The power to make an order under Amendment No. 86 includes the power for the Secretary of State to create or extend a criminal offence. That power is limited so the Secretary of State cannot create an offence punishable on conviction or indictment with imprisonment for a term exceeding one year and a summary conviction with a term exceeding 51 weeks or with a fine exceeding the statutory minimum. I hope noble Lords will support these amendments. If the consultation on this issue, which we will be undertaking before we do anything else, finds that the use of photographs on ballot papers might be of benefit to voters, particularly perhaps those with learning or literacy difficulties, it would be sensible to provide the ability to test it out. On that basis, I beg to move.