Electoral Administration Bill

moved Amendments Nos. 85 and 86:"After Clause 35, insert the following new clause—" ““EVALUATION OF PILOTS UNDER SECTION (PHOTOGRAPHS ON BALLOT PAPERS: PILOTING) (1)   After any elections specified in a pilot order have taken place, the Electoral Commission must prepare a report on the operation of the order. (2)   The report must contain, in particular— (a)   a description of the way in which the provision made by the order differed from the provisions which would otherwise have applied to the election or elections; (b)   a copy of the order; (c)   an assessment of the success or otherwise of the order in assisting voters to make informed decisions at the election or elections in question; (d)   an assessment of the success or otherwise of the order in encouraging voting at the election or elections in question; (e)   an assessment of whether the procedures provided for in the order operated satisfactorily. (3)   An assessment under subsection (2)(c) must include a statement of whether, in the opinion of the Commission, the inclusion of photographs on the ballot paper— (a)   assisted voters in marking their papers with a vote for a candidate (or with votes for candidates) for whom they had decided to vote on grounds other than the candidates’ appearance; (b)   resulted in voters being influenced (or more influenced) by the appearance of candidates in deciding for whom to vote. (4)   An assessment under subsection (2)(d) must include a statement of whether, in the opinion of the Commission, the turnout of voters was higher than it would have been if the order had not applied. (5)   An assessment under subsection (2)(e) must include a statement of— (a)   whether the candidates and their agents found the procedures provided for in the order easy to use; (b)   whether the returning officer found those procedures easy to administer; (c)   whether those procedures had any effect on the incidence of malpractice (whether or not amounting to an offence) in connection with elections; (d)   the amount of any increase attributable to those procedures in the resources applied by the authority concerned to the election or elections. (6)   In making an assessment under subsection (2)(c), (d) or (e), the Commission must also apply such other criteria as are specified in the order in relation to that assessment. (7)   The local authority must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report. (8)   The assistance may include— (a)   making arrangements for ascertaining the views of electors about the operation of the provisions of the order; (b)   reporting to the Commission allegations of electoral offences or other malpractice. (9)   The Commission must, before the end of the period of three months beginning with the date of the declaration of the result of the election or elections in question, send a copy of the report— (a)   to the Secretary of State, and (b)   to the local authority. (10)   The local authority must publish the report in their area in such manner as they think fit. (11)   In this section ““pilot order”” and ““the local authority”” must be construed in accordance with section (Photographs on ballot papers: piloting).”” After Clause 35, insert the following new clause— ““REVISION OF ELECTORAL PROVISIONS IN THE LIGHT OF PILOT SCHEMES (1)   This section applies if the Secretary of State thinks, in the light of a report made under section (Evaluation of pilots under section (Photographs on ballot papers: piloting)) on the operation of a pilot order under section (Photographs on ballot papers: piloting), that it would be desirable for provision similar to that made by the order to apply generally, and on a permanent basis, in relation to— (a)   parliamentary elections; (b)   local government elections in England and Wales; (c)   any description of election falling within paragraph (a) or (b). (2)   The Secretary of State may by order make provision for the purposes of enabling ballot papers issued at such elections (mentioned in subsection (1)) as are specified in the order to contain photographs of the candidates. (3)   The Secretary of State must not make an order under subsection (2) unless he first consults the Electoral Commission. (4)   An order under subsection (2) may— (a)   include such provision modifying or disapplying any enactment as the Secretary of State thinks is necessary or expedient for the purposes of the order; (b)   create or extend the application of an offence. (5)   An order under subsection (2) must not create an offence punishable— (a)   on conviction on indictment, with imprisonment for a term exceeding one year; (b)   on summary conviction, with imprisonment for a term exceeding 51 weeks or with a fine exceeding the statutory maximum. (6)   The power to make an order under subsection (2) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament. (7)   The reference to local government elections must be construed in accordance with section (Photographs on ballot papers: piloting). (8)   If an order under subsection (2) is made before the date of commencement of section 281(5) of the Criminal Justice Act 2003, then in relation to any offence committed before that date the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months. (9)   In its application to Scotland and Northern Ireland, the reference in subsection (5)(b) to 51 weeks must be taken to be a reference to six months.”” On Question, amendments agreed to.