Introduction

1.  The Scottish Affairs Committee has requested a Supplementary Memorandum covering the arrangements for the conduct of the elections for the Scottish Parliament, which the Government plans should be held on 6 May 1999. The Committee has asked for information on what is proposed at the polling station, whether the local elections will be conducted at the same time and whether the polling hours will be identical. Information has also been requested about what instructions or explanations will be available to the electorate at the election.

Legislation

2.  Under clause 11(1) of the Scotland Bill the Secretary of State may by order, subject to affirmative resolution procedures by both Houses of Parliament, make provision as to:

a.  the conduct of elections for membership of the Parliament. (Clause 11(1)(a))

b.  the questioning of such an election and the consequences of irregularities. Clause 11(1)(b)), and

c.  the return of Members of Parliament otherwise than at an election. (Clause 11(1)(c))

3.  The clause in particular enables provision to be made:

a.  about the registration of electors. (Clause 11(2)(a))

b.  for disregarding alterations in a register of electors. (Clause 11(2)(b))

c.  about the limitation of the election expenses of candidates and registered political parties. (Clause 11(2)(c))

d.  for the combination of polls at elections for membership of the Parliament with polls at other elections. (Clause 11(2)(d))

e.  for modifying the application of section 6(1) of the Bill where the poll at an election for the return of a constituency member is abandoned (or notice of it is countermanded). Section 6(1) provides that the persons who are to be returned as constituency members for constituencies included in a region must be determined before the persons who are to be returned as the regional members for that region. (Clause 11(2)(e))

f.  for modifying section 7(7) of the Bill to ensure the allocation of the correct number of seats for the region. Section 7(7) provides that if (on the application of subsection (1) or (2) the highest regional figure is the regional figure of 2 or more parties or individual candidates than the subsection shall apply to each of them. Subsection (1) provides that the first regional member seat shall be allocated to the registered political party or individual candidate with the highest regional figure. Subsection (2) provides that the second and subsequent regional member seats shall be allocated to the registered political party or individual candidate with the highest regional figure after any recalculation required has been carried out. (Clause 11(2)(f))

4.  An order under clause 11(1) may:

a.  apply, with or without modifications or exceptions any provision made by or under the Representation of the People Acts or the European Parliamentary Elections Act 1978 or by any other enactment relating to parliamentary elections, European parliamentary elections or local government elections; (Clause 11(4)(a))

b.  modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for membership of the Parliament, (Clause 11(4)(b)) and

c.  so far as may be necessary in consequence of any provision made by this Act or an order under clause 11(1), modify any provision made by any enactment relating to the registration of parliamentary electors or local government electors. (Clause 11(4)(c)).

Date of Election

5.  The Date of the poll of the first elections to the Scottish Parliament will be fixed by order under clause 2(1) of the Scotland Bill. The Secretary of State for Scotland has announced that date is to be 6 May 1999. This is the same day as the local government elections in Scotland are to be held. The effect of this is that the polls for both elections will need to be combined and provision will be made in the clause 11 order for some of the procedures common to both elections to be combined.

6.  The Government hopes that having the local government elections on the same day as the Scottish parliamentary elections will provide a likelihood of a higher turnout for the local government elections which is advantageous to the democratic process.

Drafting of the Clause 11 Order (Conduct of Elections)

7.  The Scottish Office is currently considering the arrangements for the conduct of the elections for the Scottish Parliament next May, for which provisions will be made in the Order under clause 11(1). Our aim is to have a draft of the Order ready for publication in the Autumn.

8.  To assist the process of considering what arrangements should be put in place, The Scottish Office has set up a working group. This group is made up of representatives of the Convention of Scottish Local Authorities (COSLA), the Society of Local Authority Chief Executives (SOLACE), the Association of Electoral Administrations (AEA) and representatives at official level from the Scottish Labour Party, Scottish Liberal Democrats, Scottish National Party and Scottish Conservative Party. This working group is looking at the detailed arrangements for the Scottish Parliamentary elections and also practical issues raised by the combination of polls.

9.  Detailed proposals have not yet been finalised, The Scottish Office is conscious of the need for the arrangements to be as simple and straightforward as possible for the electorate.

Specific issues raised by the Committee

10.  The Committee has raised a number of specific issues. While these issues are still subject to further consideration, it may be helpful to give an indication of the Government's initial thoughts on some of these issues.

11.  As has been stated, the aim is to ensure that arrangements for the elections next May are as simple and straightforward as possible to understand. In this respect, it is most unlikely that the polling hours will be different for the Scottish Parliament elections and the local government elections. No decision has yet been taken as to the actual hours. Parliamentary election hours are 7.00am until 10.00pm; the local government election hours are 8.00am to 9.00pm.

12.  We expect the electorate will be expected to complete 3 ballot papers.

12.1  One ballot paper will be for the elector to vote for his or her preferred constituency candidate for the Scottish Parliamentary election.

12.2  One ballot paper will be for the elector to vote for his or her preferred registered political party or individual candidate in the regional member element of the Scottish Parliamentary election, and

12.3  One ballot paper will be for the elector to vote for his or her preferred candidate at the local government election.

13.  Each of the ballot papers will be in a different colour.

14.  The ballot paper for the regional member poll is expected to have printed on it the name of each political party which has submitted a list of candidates and the names of any independent candidates standing in the regional poll.

15.  We are currently considering what is the most appropriate way of ensuring that the elector is aware of who the candidates are on each of the party lists. For example, putting a notice up in the polling station or polling booth identifying each of the list parties and the candidates whose name are on the list for that particular party.

16.  To assist in making the ballot papers in the additional member system as user-friendly as possible we have, in conjunction with the Home Office and the Welsh Office, commissioned the University of London, School of Public Policy to carry out research into a style of ballot paper which would be easily understood by the electorate. This research is also looking into other documents which the public will receive such as the official poll card.

17.  While the polls for the elections to the Scottish parliamentary elections and the local government elections will be held on the same day, it is anticipated that an elector will only be required to attend one polling station. At his or her polling station the elector will receive the 3 ballot papers. There should be no question of an elector having to visit separate polling stations to vote for the Scottish Parliament and local government elections.

Publicity

18.  The Government is acutely aware that with a new voting system for the elections to the Scottish Parliament next year there is a need for voter education. This would also need to highlight that the local government elections are to be held the same day and the procedures for voting at both elections.

19.  The Government is currently considering what form its publicity should take. Initial thinking suggests a phased campaign.

19.1  Information is already planned to highlight the importance of enrolling on the electoral register. The electoral register which takes effect next February will be used for the Scottish Parliamentary elections, the local government elections, the European elections and any other poll which may be held during the period between February 1999 and February 2000. It is essential to be able to vote at any of these elections that a person is registered on the electoral register.

19.2  An absent voter campaign. This would highlight the availability of postal and proxy votes for anyone who was not able to attend the polling station on 6 May next year. This could be for a number of reasons such as physical incapacity or because of the general nature of elector's occupation, or if the elector has moved address out of the relevant electoral division.

19.3  Another part of the campaign will clearly require to be voter education, to explain the new voting process. This part of the publicity might, for instance, show what the ballot paper would look like.

20.  The precise form and scope of the publicity campaign is under consideration.

Conclusion

21.  In conclusion, a principal aim of The Scottish Office is to ensure that the arrangements for the elections to the Scottish Parliament are as straightforward as possible for the electorate. On polling day the elector will attend a local polling station and receive 3 ballot papers, one with which they can vote in the local government election, one with which they can vote in the constituency element of the Scottish parliamentary elections and one with which they can vote in the regional element of the Scottish Parliamentary elections. The elector will not be required to complete any other form of paper work in connection with the voting process at the polling station, nor to visit more than one polling station.

22.  The Scottish Office will undertake a publicity campaign to make the electorate aware of the new voting system and the arrangements for the conduct of the elections next year.