My Lords, the Electoral Commission unavoidably has a formal role throughout this process and has been consulted throughout. Informal consultations are part of the formal process. We need not batter about words too much. I say to the noble Lord, Lord Hughes of Woodside, that an election or a petition process that generates such excitement would be a joy to many of us. Part of the pleasure, in a sense, of the Scottish referendum was that it did indeed generate a great deal of excitement.
It is the nature of a petition that a petition is one-sided. The noble Lord, Lord Martin, remarked that petitions are petitions—they are not elections. I hesitate to suggest that some wish to turn the recall petition process itself into the by-election that may or may not follow.
I will speak first to government Amendment 43, which would make a small change to the final sentence of the wording to appear on the petition signing sheet that is set out in Clause 9(4). The signing sheet must include this specified wording, as it explains to the eligible constituent that they are signing the petition for their MP to lose their seat and for a by-election to be held.
During debates in the other place, it was suggested that the wording could be improved in relation to explaining when a by-election would not take place. The Government agree and therefore this amendment responds to the debate in the other place by making it easier for the elector to understand that the MP will not lose his or her seat and a by-election will not be held if less than 10% of the registered electors in the constituency sign the petition.
The wording of the petition signing sheet was developed with input from the Electoral Commission before the Bill was introduced, but we have a power to amend the formulation in regulations if that proves necessary after undertaking user testing of the signing sheet and notice of petition with members of the public. In doing this, it will be possible to confirm whether the formulation that we have best serves constituents’ understanding. I repeat that the Electoral Commission was happy with the proposals as set out in the Bill.
Amendments 40 and 44 in the name of the noble Baroness, Lady Hayter, would remove the specified wording of the signing sheet from Clause 9 and replace the power to amend that wording through regulations with a power to set the wording in regulations following further consultation with the Electoral Commission and the Welsh Language Commissioner. The signing sheet must include wording specified in Clause 9, which explains to the eligible constituent that they are signing the petition for their MP to lose their seat and for a by-election thereafter to be held.
There is value in the appearance of the wording in the Bill, as it has allowed MPs to express their views on it. This mirrors the position for UK parliamentary elections, where the form of the ballot paper appears in primary legislation, the Representation of the People Act 1983, but may be amended through regulations that must be approved by a resolution of both Houses. No amendments were tabled in the other place to remove the wording outright, but an amendment was tabled to improve it, so I think we should be mindful of that when considering this issue.
A further modest but worthwhile advantage of the appearance of the signing sheet’s wording in the Bill is that future changes made to it would then be reflected in the text of the parent Act, which helps to make the law as clear as possible for petition administrators, parties and campaigners.
On consultation with the Welsh Language Commissioner, I can assure the Committee that the Government will prepare a Welsh translation of the wording in secondary legislation, as is the practice at other statutory polls, using a power and following a principle established in
the Welsh Language Act 1993. This translation will be subject to user testing in the same way as the English version. I hope noble Lords are aware that, throughout this Bill, we are following as closely as possible comparable regulations and comparable legislation in other Acts concerned with our democratic process.
As is usual practice, we will consult the Electoral Commission’s Welsh language experts to ensure that the translation is accurate and will accommodate any changes identified through user testing. One of the amendments suggests that, in addition to consulting the Electoral Commission, the Minister should consult the Welsh Language Commissioner. The Welsh Language Commissioner has an important role in promoting and facilitating the use of the Welsh language, but it has not been standard practice at elections to consult the commissioner directly on Welsh translations of voter-facing forms and notices.
In summary, I believe that it is important that the wording of the petition appears on the Bill but that it is user tested and commented on to ensure that any improvements that are identified can be made. For these reasons, I hope that I have persuaded the noble Baroness not to press her amendments.