Parliamentary Voting System and Constituencies Bill

My Lords, there is one problem with this schedule, which I want to refer to briefly. I am sure that it will make us wonder, in the light of us looking at it in some detail, whether there perhaps should have been one or two amendments, as the noble Lord, Lord Tyler, said, I think wrongly, that there had been no discussions on this schedule at all. The real problem with this schedule is that we can sense in it that the parliamentary draftsmen—whom I do not blame, as it is a very difficult job—think that it is about the procedure relating to any election. The whole point is that this is not any election. It is fundamentally different, so far as the voter going into the polling booth is concerned, from all the elections that he or she is familiar with, where they know that there will be names there and have, obviously, put their cross by the favoured candidate. However, this is about asking a question and it will not do, for a number of reasons, simply to lift huge chunks that are clearly from existing legislation—I do not blame the draftsmen, as I have said—about the conduct of elections, thinking, ““Well, we can just lift this and stick it in and this will be okay for a referendum to change the constitution””. I shall give one example. I do not know the answer to it but it is quite significant. A relatively small part of this schedule has the totally innocuous information about the, "““appointment of presiding officers and clerks””." We all know the job of a clerk in a polling station, but I submit to the Committee that in a referendum on changing the voting system, that clerk is likely to be presented with difficulties that clerks in polling stations simply do not face. The elector will go in, thinking that he or she is voting principally for a local government candidate. Certainly, in the areas that I am familiar with, it is on who should be their local councillor. They will then be presented with a second ballot paper which will ask the question: "““At present, the UK uses the ‘first past the post’ system to elect MPs to the House of Commons. Should the ‘alternative vote’ system be used instead?””." I put it to the Committee that many people will be going into a polling station for the first time. I am not patronising people or saying the electorate do not understand these systems, I am simply making the straightforward point that the change in the electoral system to the alternative vote system is not high on people’s radar, as we all know from our own experience. I would be very surprised indeed if no more than one elector then left the cubicle where they were about to vote and asked the clerk who distributed the ballot papers what they were being asked to vote on. That is perfectly plausible and indeed an almost inevitable consequence of what is happening. I asked the question—I do not know the answer—whether it is within the law for the clerk to give advice to the would-be voter about what the alternative vote system is. I assume it probably cannot be because presumably I could be a clerk if I applied to be one and I know what I would tell them about the alternative vote system. So presumably it would be completely out of order for clerks to give advice in that way. If that is the case and a confused elector goes to clerk on desk and says, ““I am puzzled about this second ballot paper, I understand the first one””, at the very least I would suggest that in the appointment of clerks and counting officers on page 33 a script should be offered to them out of courtesy. They would need to know what to say to someone who came to them with that question. I doubt whether the Leader of the House when he sums up will have given any thought to this as it is only a small part of the Bill but it illustrates the point that you simply cannot lift the rules that apply to every other kind of election and apply them to this most fundamentally important election of changing the way we vote and thereby changing our constitution. So please can we be told whether there is any law relating to what clerks can do faced with this question? If there is not, should there be or, at the very least, should there be guidance as to what should happen in the polling station when this kind of eventuality arises?