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house of lords official report - United Kingdom Parliament

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1115 Political Parties and Elections Bill [LORDS] Political Parties and Elections Bill 1116<br />

[LORD BATES]<br />

important place: in the Division Lobby. As the elected<br />

House, they expressed their opinion on a matter that<br />

impacts them; it does not impact us in this House.<br />

Our position is that, if that view was taken in<br />

the other place and it was the settled view <strong>of</strong> that<br />

House, it would be wrong for us in this place to seek to<br />

overturn that from a procedural point <strong>of</strong> view, not to<br />

mention the qualitative and security arguments that<br />

have been presented so forcefully in this debate from<br />

many sides. Members on our Benches would have a<br />

free vote again in any Division, but I hope that we will<br />

allow the House <strong>of</strong> Commons to determine the terms<br />

on which they stand for election and respect that.<br />

6.45 pm<br />

Lord Tunnicliffe: My Lords, Clause 21 removes the<br />

requirements on candidates to provide their full address<br />

on statements <strong>of</strong> persons nominated and the ballot<br />

paper at UK parliamentary elections. The clause was<br />

inserted into the Bill following an amendment that<br />

was tabled by the honourable Member for New Forest<br />

East, Dr Lewis, and accepted by the other place at<br />

Report following a free vote. The clause provides that,<br />

at a parliamentary election, candidates’ full home<br />

addresses will no longer appear on the nomination<br />

paper but will instead be supplied to the returning<br />

<strong>of</strong>ficer on a separate home address form. A home<br />

address form enables candidates to choose whether<br />

their full home addresses will be included on the<br />

electoral documents available to the public. That is the<br />

statement <strong>of</strong> persons nominated on the ballot paper.<br />

Should a candidate prefer that their full home address<br />

not be made public, these documents will instead<br />

identify the constituency in which the candidate has<br />

an address.<br />

The Government issued a consultation paper on<br />

26 November 2008. From the 65 responses to the<br />

consultation, it was clear that there are strongly held<br />

views for and against changing the legislation. Broadly<br />

speaking, a majority <strong>of</strong> politicians who responded<br />

and the Electoral Commission favoured change, while<br />

administrators, returning <strong>of</strong>ficers and the majority <strong>of</strong><br />

responses from the public did not. Those in favour<br />

argued that the candidate and their families faced<br />

more ordinary risks to their safety and security, which<br />

warranted the need for their home addresses to be<br />

removed from the public domain. By contrast, those<br />

against the idea argued that the interest <strong>of</strong> accountability<br />

and free expression <strong>of</strong> democracy would not be served<br />

by allowing candidates to make it more difficult for<br />

the public to find out information about them.<br />

As a result <strong>of</strong> the responses to the consultation and<br />

the importance <strong>of</strong> the issue, we took the view that the<br />

matter would be for the other place and not for the<br />

Government to decide on—hence there was a free vote<br />

on the issue. That allowed those who were elected to<br />

make a decision on their behaviour during elections<br />

and on the information that should be made available<br />

to the public. I reiterate that the Government take no<br />

position on the merits <strong>of</strong> Clause 21 and that the<br />

inclusion <strong>of</strong> the clause in the Bill is not government<br />

policy. The Government will therefore allow a free<br />

vote on Amendment 76.<br />

Lord Tyler: My Lords, I am grateful that we have<br />

had an opportunity to discuss this important issue this<br />

evening. Ever since the Ballot Act 1872, the electorate<br />

have had the right to know where their candidates live.<br />

I suggest to your Lordships’ House that we should<br />

take seriously any reduction in that transparency—hence<br />

my anxiety, which I am disappointed that the noble<br />

Lord, Lord Campbell-Savours, does not share, that<br />

the other place should debate the issue. That was the<br />

issue on which he and I agreed on Monday and we<br />

were successful with that amendment. That place should<br />

take a decision <strong>of</strong> this importance after careful discussion.<br />

If the Minister really believes that taking an amendment<br />

out <strong>of</strong> its grouping—no one expected it to come—and<br />

then putting it to a vote without any debate and<br />

without its even being moved is a proper way to<br />

discuss such an issue, I am disappointed.<br />

I have been a Member <strong>of</strong> <strong>Parliament</strong>. My address<br />

was in the local telephone book for all the years for<br />

which I represented my constituency. As I mentioned<br />

in Grand Committee, when I had a majority <strong>of</strong> nine,<br />

at three o’clock in the morning pig farmers would ring<br />

up to say, “We was the nine”, and give me a great deal<br />

<strong>of</strong> stick on what my views should be on the pig<br />

industry, so I understand the point about families.<br />

The logic <strong>of</strong> the submission <strong>of</strong> the noble Lord,<br />

Lord Campbell-Savours, is that every representative in<br />

every devolved Assembly should be given the same<br />

protection. I have listened especially to the experience<br />

<strong>of</strong> those Members <strong>of</strong> your Lordships’ House who<br />

know about Northern Ireland. Why should Members<br />

<strong>of</strong> the House <strong>of</strong> Commons be protected in a way that<br />

Members <strong>of</strong> the Northern Ireland Assembly are not?<br />

If the Government want to make some real changes, I<br />

suggest that they remove the provision from the Bill<br />

and look at the whole issue again, so that there can be<br />

proper consideration, rather than have it forced through<br />

as it has been so far.<br />

We still have not heard from the Minister or anyone<br />

else any evidence from the police or the security forces<br />

that this is an essential requirement to protect candidates<br />

for the other place and their families. Yet, on a whim,<br />

some seem to want to remove the transparency that<br />

has been in place for some 137 years. This is an issue<br />

that should be debated, discussed and decided in the<br />

other place. Therefore, I beg leave to test the opinion<br />

<strong>of</strong> the House.<br />

6.51 pm<br />

Division on Amendment 76<br />

Contents 57; Not-Contents 129.<br />

Amendment 76 disagreed.<br />

Division No. 3<br />

Addington, L. [Teller]<br />

Avebury, L.<br />

Barker, B.<br />

Barnett, L.<br />

Bonham-Carter <strong>of</strong> Yarnbury,<br />

B.<br />

Burnett, L.<br />

Chidgey, L.<br />

Clement-Jones, L.<br />

CONTENTS<br />

Colville <strong>of</strong> Culross, V.<br />

Corbett <strong>of</strong> Castle Vale, L.<br />

Cotter, L.<br />

Dholakia, L.<br />

Dixon-Smith, L.<br />

Dykes, L.<br />

Falkner <strong>of</strong> Margravine, B.<br />

Glasgow, E.<br />

Goodhart, L.

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