National Assembly for Wales (Representation of the People) Order 2007

rose to move, That the draft order laid before the House on 19 December 2006 be approved. The noble Lord said: My Lords, elections to the National Assembly for Wales generally take place every fourth year on the first Thursday in May. The next elections fall due on 3 May this year. The Government of Wales Act 1998 empowers my right honourable friend the Secretary of State for Wales to make orders governing the conduct of these elections. An order was made shortly before the 2003 Assembly elections and much of that is re-enacted in the order before us today. However, last year saw the passage of the Electoral Administration Act which resulted in substantial changes to the rules for parliamentary and local government elections, largely based on recommendations made by the Electoral Commission and aimed at improving access to, and encouraging participation in, elections; enhancing confidence in the security of the electoral system, especially in minimising the risk of postal voting fraud; extending openness and transparency in party funding; and ensuring that elections continue to be conducted in a professional manner. The purpose of this order is to ensure that similar improvements apply to National Assembly elections. Its coverage is more limited than the Electoral Administration Act, first, because Assembly elections are conducted on the basis of existing local government registers; and, secondly, because political parties—and their funding—are regulated on a UK-wide basis. Neither of these issues is addressed in the order. Also, the order does not—and could not—deal with the issue of convicted prisoners’ right to vote. That was the subject of a judgment by the European Court of Human Rights in the case of Hirst v The United Kingdom and the Government have recently commenced a consultation on the matter. Any resulting extension of the franchise will apply equally to Assembly elections. The order adapts the changes that have been made to procedures for other elections so that they also apply to the conduct of Assembly elections. For example, it replicates provisions relating to independent observers, allowing candidates to show their commonly-used names on ballot papers, personal identifiers to improve the security of postal voting, and local custody of election documents. After consultation with the Electoral Commission and a range of other interests, the draft order was laid before Parliament on 19 December. Noble Lords have devoted a great deal of time over the past year to considering policy underlying the changes now being proposed, first, during the passage of the Electoral Administration Bill, and later when asked to approve secondary legislation made under it. So the background has already been rehearsed in some detail. The order is substantial, both in length and content, and I think it would be helpful for me to focus on a few of the more significant changes which are being made. Part 1 is concerned with commencement and interpretation of the order. It repeals the 2003 order and an amendment order made in 2006. Part 2, along with Schedules 1 to 5, deals with the practicalities of conducting Assembly elections—including the administration of absent voting—together with the Assembly election rules, which are set out in Schedule 5. It reflects the new flexibility for voting by patients, other than offenders, who are detained in mental hospitals. Previously, they could vote only by post or proxy. They will now be allowed to vote in person at a polling station, provided the hospital gives them leave. It also allows them to make late proxy applications—up to 5 pm on poll day —if they are unexpectedly not able to get leave of absence. As with other elections, Assembly ballot papers will no longer have counterfoils. This will allow returning officers to streamline the printing process. The issue of ballot papers will be recorded on a corresponding number list, which will be sealed up after the poll and can be opened only with a court order. One change which will be particularly welcomed is the redesign of the regional ballot paper. In previous Assembly elections, this showed party names and the names of list candidates in columns, and the elector marked their vote at the top. Feedback from voters showed that they did not find this layout helpful. After consultation with political parties and the Electoral Commission, we have responded by prescribing a new regional ballot paper, which is more like the traditional constituency paper. Following amendments made to the Political Parties, Elections and Referendums Act 2000, the order provides for party candidates to use either their party name or one of its registered descriptions on the ballot paper. Concern was voiced in 2003 that the six-word limit prevented some parties using a bilingual description. That has now been fully addressed. In Wales, ballot papers may show both the English and Welsh versions of a party’s name, while registered descriptions can include up to six words of English and six words of Welsh. Part 3 of the order, together with Schedules 6, 7 and 8, is concerned with the election campaign, including limits on election expenses, which have been uprated in line with the recommendations of the Electoral Commission. Schedule 7 defines election expenses and is entirely consistent with the equivalent definition for parliamentary elections. The Electoral Commission will have power to prepare guidance expanding on these provisions. Part 4 and Schedule 9 make provision for legal proceedings to challenge the result of an election and prescribe appropriate remedies comparable to those applying to parliamentary elections. Part 5 deals with a range of miscellaneous and administrative matters. Noble Lords may particularly wish to note Article 141 which now gives returning officers discretion to translate documents into languages other than English and Welsh and to use Braille or other means of communication. This will ensure that no one is excluded from the democratic process through not understanding our languages or because of disability. Finally, Schedule 10 brings together all the forms prescribed in the order. I have already said that this is a substantial order. It has to be to ensure fairness in the conduct of Assembly elections and to cater for a range of eventualities, many of which we hope will never occur. Essentially, though, its purpose is to align procedures with those applying to parliamentary elections. I beg to move. Moved, That the draft order laid before the House on 19 December 2006 be approved.—(Lord Evans of Temple Guiting.)