§ Mr. BeithI beg to move amendment No. 73, in page 18, line 11, at end insert—
'(1A) Any nomination received for an election at which the poll is postponed under the preceding subsection shall, if otherwise valid and if not withdrawn, be valid as if received for an election for which the poll is to be held on the day prescribed by paragraph (a) of subsection (1) of this section.'.I have at heart the interests of the National Association of Local Councils, of which I am a vice-president. This provision was in the special legislation — the Representation of the People Act 1979 — which postponed parish council elections when they coincided with the general election of that year. The national association believes that it is necessary to make express provision to preserve the validity of nomination papers that have already been delivered, to avoid confusion locally in the general rush and excitement of a general election and to postpone the parish elections. If that is not done, there will be conflicting advice. Because of the short time limits involved, some nominations could fail if, for example, people mistakenly withdrew them or if they were sent back and had to be resubmitted.I understand that the Home Office takes the view that the amendment is not necessary. Even if it is not strictly legally necessary, it would be of considerable advantage to all if the matter were clear. I have in mind the difficulties that arose when parish elections were postponed in 1983. It is undoubted that people in several parts of the country thought that they were validly nominated, but matters were sufficiently confusing for their nominations to be lost.
§ Mr. ForthDoes the hon. Gentleman agree that if somebody is a serious candidate for public office and expects to get support at the polls he should be sufficiently aware and intelligent to appraise himself of the rules governing the elections and not be confused in the way that the hon. Gentleman has just described?
§ Mr. BeithThe hon. Gentleman is being pompous. A great many people who stand for parish council elections have no experience of political life and do not regard themselves as being engaged in politics. They are usually ordinary local people who have been encouraged, perhaps by a few friends, to stand in the parish council election, the smallest scale of democratic operation. Such people might have dutifully completed the nomination paper, satisfied all the restrictions and delivered it to the returning officer, only to find that they should have resubmitted it because the election had been postponed.
519 Genuine difficulties have arisen. The national association's view, which I am sure is supported by the vice-presidents sitting on the other side of the House, is that it would be better for the matter to be set out clearly in law in case similar circumstances arise again.
§ Mr. MellorThe hon. Member for Berwick-upon-Tweed (Mr. Beith) is an expert on electoral law and I am grateful to him for raising this issue; it is worthy of consideration. We originally asked for a provision equivalent to section 2(3) of the Representation of the People Act 1979 to be included in the Bill, but parliamentary counsel's view was that it was unnecessary as he saw no reason why a nomination should become invalid simply because the day of the poll was postponed.
I adhere to the view, on advice, that the common-sense provision advocated by the hon. Member is not prejudiced by the absence of any provision equivalent to section 2(3) of the 1979 Act. In deference to the view that the hon. Gentleman has advanced, I shall make further inquiries, but I hope that he will not be discomfited if the answer remains the same and is cogently argued. I hope that the hon. Gentleman will find what I have said helpful enough to make him want to withdraw the amendment.
§ Mr. BeithI am grateful for the Minister's comments. If indeed a nomination may remain valid, as he has been advised, and that advice is confirmed, I hope that the Minister will make as sure as he can that that is known to returning officers and is among the information that is made available to candidates. If that is done, the problem is solved. On that understanding, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clauses 15 to 17 ordered to stand part of the Bill.