My Lords, I return briefly to an area that I mentioned last night on which I did not get a response from the noble Lord, Lord Strathclyde. I accept that I raised what was probably a unique set of circumstances and I would not expect the Minister to have an answer at his fingertips. I could go through the detail again, but in the spirit of the understanding that we have, I will say only that it is about the definition of the area of control under the authority of the presiding officer. At page 137, the Bill states: "““A relevant officer is … in the case of proceedings at a polling station, the presiding officer””."
My point is similar but not identical to that made by my noble friend Lord Campbell-Savours about the definition of the area of control if activity is taking place, such as voters being approached as they head towards the polling station. At one of the polling stations with which I was involved, the presiding officer and the police had genuine uncertainty and doubt about getting involved in that. If there is activity like that, which is not desirable, although I am not sure about whether it is illegal, or if a complaint is made, does the presiding officer have any authority over it?
Page 141 refers to the point which my noble friend Lord Campbell-Savours made on the ballot boxes. Paragraph 18(1) states: "““If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the relevant elections””."
I shall not go into all the details of the 2007 election in Scotland as they have been spoken about enough. Utter chaos reigned at scores, if not hundreds, of polling stations because of uncertainty and confusion and, as we all know, it ended up with a record number of wasted votes. If my memory serves right, there were 1,200, but I will be corrected if there were more or less.
I believe in rules and regulations, but I also believe in accountability. The paragraphs states: "““If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the relevant elections””."
Are there any criteria that he or she must use in making that judgment? If they so decide, can the decision-making powers be challenged or questioned and can the polling agents for all political parties ask for an explanation? Does the counting officer have to explain why the circumstances are such that that decision has been taken? Who does he or she account to at the time? Is there any recourse after any election where that decision was taken to pursue the reasons why it was taken?
These questions have been bounced off the Minister. The definition of ““area”” was mentioned last night, so presumably it was heard somewhere and there should be some sort of response to it, but I would be grateful for some clarification on the ballot boxes.
Parliamentary Voting System and Constituencies Bill
Proceeding contribution from
Lord McAvoy
(Labour)
in the House of Lords on Wednesday, 2 February 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Parliamentary Voting System and Constituencies Bill.
Type
Proceeding contribution
Reference
724 c1443-4 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
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2023-12-15 14:38:12 +0000
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