My Lords, as the noble Lord, Lord Taylor, had noted in previous debates on this issue, the sentiment behind the amendment of the noble Lord, Lord Pannick, on behalf of the Constitution Committee, with the support of the noble Baroness, Lady Jay, and my noble friends Lord Lexden and Lord Lang, is fully appreciated.
Having heard the view of the House and seen the cross-party support for this change, the Government are content to accept the principle of the amendment. Our resistance to it in its current form has been based on a concern about unexpected and unforeseen consequences flowing from the change, and we still have that concern. We have identified some of those consequences in debate and, in looking at them more closely since, have concluded that they need to be addressed.
The amendment as it stands brings ambiguity and uncertainty to the impact of other legislative provisions upon the broadcasting of exit polls and other matters pertaining to secrecy within electoral law that are subject to criminal penalties of fines or up to six months in prison. There are other impacts on legislation that refers to the close of poll.
The noble Lord, Lord Lipsey, has brought forward a further amendment to seek to address the issue of exit polls. Unfortunately, while deferring their publication until 30 minutes after close of play might deal with some potential instances of delay, it would not catch all such instances—for example, if there were a very considerable queue. In that sense, it would defer the problem to a later time.
It is also necessary to make some drafting changes to the amendment to ensure that it applies consistently. The amendment, as a consequence of the intricacies of the current law, does not apply to Northern Ireland. It would be most regrettable if we were to accept it and have a position where voters in a queue at 10 pm could receive ballot papers and vote after that time in Great Britain but not in Northern Ireland.
On that basis, and recognising the will of the House and the laudable principle behind the proposed change, the Government propose to bring forward at Third Reading an amendment that makes the change being sought in terms of electors voting at close of poll but which also contains a provision, through a proportionately limited power, to make further amendments on commencement to deal with all the potential consequences that it has on other elements of electoral legislation.
On the basis of the Government’s commitment to bring forward a clause at Third Reading that achieves the aim of the amendment in the names of the noble Lord, Lord Pannick, and the noble Baroness, Lady Jay, on behalf of the Constitution Committee and which deals with these further issues, I trust that the noble Lords will feel able to withdraw their amendments.