My Lords, in moving Amendment 1, I shall also speak to Amendment 15. Together these amendments, tabled by me and my noble friend Lord Kennedy of Southwark, would enshrine in the Bill that a recall petition is a public act—an open declaration of one’s wish to recall an MP. We have moved to this position since Committee, in the belief that there is an urgent need for clarity on this issue.
At Second Reading and in Committee, we discussed whether signing a recall petition is to be secret or a public act. If it were the latter, we noted that people must be aware before they sign that their identity could become known in due course. We then waited for the Government to decide whether to attempt to keep this a secret act, and therefore bring in different rules from those for general elections regarding access to the marked register, or to acknowledge that secrecy cannot be maintained and therefore to make it clear that signing a petition would be, as with any other petition, a public statement.
Alas, the Government are still all over the place. In response to our Constitution Committee, they say they will set out in regulations—which we have not yet seen—how to address the issue of keeping names secret, yet they must surely realise that, at the very least, the MP and the agent are bound to have access to the marked register, as is anyone who thinks someone may have signed in their place. Little thought seems to have been given to how in this respect a recall petition differs from elections, and from referendums—that is, where signing is only a one-way act—and its implications for the rest of the process.
Nor have the Government consulted stakeholders on this issue, be they local government, the Electoral Commission, political parties, the Electoral Reform Society or the Association of Electoral Administrators. Even in the briefing yesterday, the Electoral Commission still did not told us whether it advised the Government that it should be open or secret.
Instead of consultation, the Government have simply tried to cut and paste bits from the Political Parties, Elections and Referendums Act and the Representation of the People Act without thinking through the implications of what they are proposing. A recall
petition is neither an election nor a referendum, as in both cases the choice is indicated by the voter rather than being a one-way act. If we consider the history and character of petitions, we would see the difference from normal elections. Take the rules on public petitions in the other place. There are three requirements of signatories of petitions. They must openly declare their name, the petition must be signed by them and they must state their address. There is no doubt that, as our Constitution Committee said,
“signing a recall petition is a public act”.
Even the Government conceded that,
“whereas at an election the way in which a person has voted remains secret, this secrecy cannot be maintained absolutely through the process of signing this petition as there is only one way in which a person may sign”.
The Government’s almost unbelievable suggestion that people should apply to sign by post to maintain their confidentiality is not only flawed in practice—because of the marked register—but, importantly, it is flawed in principle. Postal votes were never designed to safeguard the secret ballot but to enable those who, for whatever reason, cannot make it to the polling station. The unavoidable truth is that, for a petition, going into a polling station, or returning a postal petition, immediately identifies your intentions. The Minister said in Committee that the Government were,
“considering what limitations there should be on access to the marked register”.—[Official Report, 19/1/15; col. 1113.]
However placing restrictions on the normal access is probably impossible, as the police and others must have access to check on allegations of double or improper signing. Therefore, the consequent openness of the marked register must be reflected in communication with potential signatories. It must be clear from the start, on the notification sent to constituents, that this is different from elections or referendums, and that the fact they have called for recall may become public.
Indeed, it is not simply a question of the marked register, but of all the staff at signing places over eight weeks, party reps standing outside such places, journalists and their cameras hanging around, scrutineers and polling clerks. Are they all to be bound to secrecy? Of course that is not possible.
It is our view is that it is crucial that a clear decision is taken by Parliament so that everyone understands the position. Furthermore, we have come to realise that the only way forward is for it to be a public petition. It is too important a part of the recall process for this decision to be left to regulation or to the next Parliament, or—even worse—to those having to administer the first ever such petition. Our amendments remove any ambiguity, and would make it clear to potential signatories, to petition officers and their staff, and to campaigners that calling for recall is a public act.
The first amendment therefore asserts that a petition will be entirely open. Amendment 15 would require a petition officer to make the marked register available as normal, if requested, at the end of the process. It would also ensure that potential signatories are made aware that this is an open process, with a notice on the petition card warning that the fact that an elector had signed could become available on the marked register.
Without our amendments, we would be left with considerable uncertainty because of the Government’s inability to make up their mind about a fundamental aspect of the Bill. Recall is different from a choice between competing parties or competing views on European membership or devolution, where one can vote yes or no. The fact of signing means that one has voted only one way. If it cannot be kept secret that someone has signed—and our belief is that such secrecy could not be maintained—that must be clear to one and all. It is Parliament that must decide on this vital issue. I beg to move.
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