Lords Amendment — 1 Apr 2004 at 12:21

1Leave out Clause 1 and insert the following new Clause- "Piloting conduct at European and local elections

(1) An election to which this section applies (a pilot election) must be held-

(a) only by postal voting, and (for that purpose)

(b) in accordance with provision made by the Secretary of State by order (a pilot order). (2) These are the elections to which this section applies-

(a) the European Parliamentary general election of 2004 in a pilot region;

(b) a local government election in England and Wales if the poll at such an election is combined with the poll at an election mentioned in paragraph (a). (3) These are the pilot regions-

(a) North East;

(b) East Midlands. (4) Postal voting is voting where no polling station is used and a person entitled to vote in person or by proxy must deliver the ballot paper by post or by such other means as is specified in a pilot order.

(5) A pilot order-

(a) may modify or disapply any provision made by or under a relevant enactment;

(b) may contain such consequential, incidental, supplementary or transitional provision or savings (including provision amending, replacing, suspending or revoking provision made by or under any enactment) as the Secretary of State thinks appropriate;

(c) may make different provision for different purposes." The Commons agree to this amendment with the following amendment-

1A Line 15, at end insert-

"(c) Yorkshire and the Humber;

(d) North West." The Lords disagree to Commons Amendment No. 1A to Lords Amendment No. 1, for the following reason-

1B Because it is appropriate to make provision for no more than two pilot regions, as recommended by the Electoral Commission. The Commons do not insist on their Amendment No. 1A to which the Lords have disagreed, but propose the following amendment to the Lords amendment in lieu of that amendment-

1CLeave out lines 16 to 18 and insert-

"(c) Yorkshire and the Humber;

(d) North West. ( ) Postal voting is voting where no polling station is used and a person entitled to vote in person or by proxy must deliver by post or by such other means as is specified in a pilot order-

(a) the ballot paper, and

(b) the completed declaration of identity form. ( ) The declaration of identity form is a form which is delivered along with the ballot paper and which is completed by being signed-

(a) by the person to whom the ballot paper is addressed, and

(b) by a witness to that signing whose name and address are clearly marked on the form." The Lords agree with the Commons in their Amendment No. 1C in lieu of Commons Amendment No. 1A, but propose the following amendment thereto-

1D Line 3, at end insert- "but, in the case of either region specified in paragraph (c) or (d) above, a pilot may only take place if it is specifically recommended by the Electoral Commission in a report which is laid before both Houses of Parliament after the coming into force of this Act."

The Commons disagree to Lords Amendment No. 1D to Commons Amendment No. 1C, for the following reason-

1E Because it is not necessary to seek further advice from the Electoral Commission. The Lords do not insist on their Amendment No. 1D to Commons Amendment No. 1C to which the Commons have disagreed for their reason numbered 1E but propose the following amendment to Commons Amendment No. 1C in lieu of Lords Amendment No. 1D-

1F Line 3, leave out-

"(d) North West." The Commons disagree to Lords Amendment No.1F to Commons Amendment No. 1C, for the following reason-

1G Because it is appropriate to pilot postal voting in four rather than three regions. The Lords insist on their Amendment No. 1F to Commons Amendment No. 1C, for the following reason-

1H Because it is appropriate to pilot postal voting in three rather than four regions. The Commons insist on their disagreement to Lords Amendment No. 1F to Commons Amendment No. 1C, but propose the following amendment to Commons Amendment No. 1C in lieu of Lords Amendment No. 1F-

1J Line 13, at end insert- "( ) The declaration of identity must contain a statement advising the voter that the ballot paper should be completed by him-

(a) outside the presence of any other person, or

(b) in the case of a voter who requires assistance, in accordance with such advice as is provided for in the pilot order."

rose to move Amendment No. 1K, as an amendment to the Motion that the House do not insist on its Amendment No. 1F and do agree with the Commons in their Amendment No. 1J in lieu thereof, leave out from "House" to end and insert "do insist on its Amendment No. 1F but do agree with the Commons in their Amendment No. 1J".

On Question, Whether the said amendment (No. 1K) shall be agreed to?

Their Lordships divided: Contents, 108; Not-Contents, 138.

Debate in Parliament | Historical Hansard | Source |