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Lord Williams of Mostyn: I believe that we are entirely agreed on the purpose identified by the noble Lord and the noble Baroness. We are agreed that the reconciliation of ballot papers which have been put into the wrong box is a very important element in the conduct of a combined election where separate boxes are used. I can reassure the Committee that the chief electoral officer and deputy returning officers who
conduct any combined election are fully aware of the need to use this procedure in the present circumstances, because it is their obligation to ensure that there is a fair election. They must complete a ballot paper account before counting the votes.The only reason why the word used is "may" and not "shall" is that circumstances surrounding elections change. Procedures that are sensible and useful now may need to be amended in due time, and we simply offer returning officers a degree of flexibility. But the clear intention is that these steps shall be taken in the first elections. There is no hidden plot or mystery about it: that is the reason.
Baroness Carnegy of Lour: With respect, I do not believe that the noble and learned Lord gives an adequate answer. The opening of a ballot box after the end of the poll is a very sensitive issue. Anything can happen if people "may" open a ballot box, but if they have to do so and polling agents must be present nothing can go wrong. It must be a formal ceremony, as it were, which is witnessed by all the parties. If it is not compulsory, returning officers may not believe that it is necessary, and it may happen in one place and not in another. Is that good enough?
Lord Williams of Mostyn: I take the point raised by the noble Baroness, but it would not be competent for anyone other than the returning officer to open the ballot box or make these arrangements. We simply insert "may" and not "shall" because in different circumstances in future returning officers may need a degree of flexibility, and that is all that we offer. They fully intend to follow these procedures. It is their statutory duty to ensure a fair election, and a fair election will involve the steps which the noble Baroness specifies.
Lord Smith of Clifton: I too would have preferred "shall" rather than "may". I cannot quite envisage other circumstances which would require flexibility. Nevertheless, I am reassured by the response of the noble and learned Lord that returning officers will be enjoined to observe what are in effect guidelines. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Bill reported without amendment. Then, Standing Order No. 46 having been suspended (pursuant to Resolution of 5th April), Bill read a third time, and passed.
Regulatory Reform Bill [H.L.]
Returned from the Commons agreed to with a privilege amendment; the amendment considered and agreed to.
- House adjourned at seven minutes past seven o'clock.
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