UK Elections (Observers) (Hansard, 16 July 2003)

§ Jane Griffiths (Reading, East)

I beg to move, That leave be given to bring in a Bill to make provision for the appointment of observers at statutory elections and referendums in the United Kingdom; to make provision in respect of the observers; and for connected purposes. Every year, a number of hon. Members and many civil servants travel to different countries to observe elections in those countries. They travel around visiting polling stations and they sit in on the count to make sure that everything is done as it should be and to make a report on that. However, that travel is all one way; there are no observers at UK elections. Our law currently lists who can attend a polling station and a count, and observers are not included in that list—yet.

In 1990, the UK agreed to the document published after the second conference on the human dimension of the Conference on Security and Co-operation in Europe held in Copenhagen in that year. Paragraph 8 stated: The participating States consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place. They therefore invite observers from any other CSCE participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national election proceedings, to the extent permitted by law. They will also endeavour to facilitate similar access for election proceedings held below the national level. Such observers will undertake not to interfere in the electoral proceedings. The European Commission for Democracy through Law, known as the Venice Commission, a body of the Council of Europe, adopted an election evaluation guide at its meeting on 5 June 2003, which made the following statement about election observance or monitoring: The monitoring bodies play an essential role in the conduct of the poll, particularly in safeguarding the poll's pluralism, equality and legality. So, we send people to observe elections in other countries, international bodies to which we have signed up support the observation of elections—in fact, they positively encourage election observation—but United Kingdom law does not allow someone into polling stations or the count to observe those elections. My Bill would change that. Why? The answer is in the statement from the Venice Commission, which says that election observation is a safeguard of an election's pluralism, equality and legality.

Traditionally, it has been thought that election monitoring is something that has to be carried out in countries that are newer to elections to ensure that they "do it right". Yes, we have been having elections for some time in this country. Yes, we have experience, but that does not mean that we cannot learn from having separate eyes look upon what we do.

When we vote, we are not asked for any identification. We can just present to the staff at the polling station and receive a ballot paper. It is not even necessary to have a pollingcard—someone can say a name and address and, as long as that name is registered on the electoral register at that address, the person can vote. In many countries, that would not happen. For example, no one in Armenia, which has recently had presidential and parliamentary elections, can vote without presenting their passport as proof of identity.

285 I am not saying that we have a problem in this area. Only one constituent has ever contacted me because they turned up to vote and someone had already voted as them. However, it was only when I had the opportunity to observe the election in Armenia, where proof of identity is required before one can be issued with a ballot paper, that I thought about security and how that has an impact on the issuing of ballot papers.

Another reason to introduce the measures in this Bill is that if we observe other people's elections why should they not be able to see ours? When I was in Armenia visiting a polling station, someone asked me why I should be allowed to enter when he would not be allowed to enter a polling station in the UK. He had a point. I know that that is something that may well have been embarrassing to the Foreign and Commonwealth Office in the past.

The Electoral Commission reported on the 2001 general election. It said that the commission was contacted by a number of foreign delegations during the election campaign asking to observe the UK general election. Many more requests went direct to the Foreign and Commonwealth Office and others involved in the administration of elections. In all cases, it was necessary to explain that there are strict legal regulations governing who can attend a polling station. So, if any right hon. or hon. Members were minded to be against this proposal because they perceived a lack of demand, I hope that I have shown that there is a demand for people to observe our elections.

As part of its report, the Electoral Commission decided that there should be an investigation into the observation of UK elections. That has been carried out and the report was produced in April. It recommended that UK law should be changed to allow UK elections to be observed. It also recommended that staff of the Electoral Commission should be added to the list of people allowed access to a polling station, and that persons under 18 accompanying a registered elector should be allowed into a polling station.

That is what this Bill sets out to do. Put simply, I wish to amend the Representation of the People Act 1983 to add observers, staff of the Electoral Commission and 286 persons under 18 accompanying a registered elector to the list of people allowed into polling stations. The Bill would also add observers and staff of the Electoral Commission to the list of people allowed to attend the counting of votes. In both cases, the permission of the returning officer would be necessary.

In compiling the report to which I referred, the Electoral Commission discussed the proposed changes that led to the second part of the Bill, which calls on the Secretary of State to issue regulations to establish a code that will govern the behaviour of election observers in polling stations and at the count. The Bill sets out that that should include who may apply to be an observer, how to apply to be an observer, a form of permission, extent of access, secrecy requirements, impartiality requirements, maintenance of order requirements, prohibition of interference in the electoral process, and finance.

The Bill does not limit the content of the code to those items alone, as I realise that more may be necessary. I have listed those items because I believe that that is the minimum necessary to make the observation of elections work. That goes back again to the report of the Electoral Commission, which identified those as issues that need to be addressed to make it workable for people to observe our elections in the UK.

Finally, an Italian philosopher, once quoted by Robert Kennedy, said: There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things. Question put and agreed to. Bill ordered to be brought in by Jane Griffiths, Mr. Terry Davis, Kali Mountford, Tony Lloyd, Chris McCafferty, Keith Vaz, Geraldine Smith, Mr. David Atkinson, Mr. A. J. Beith and Mrs. Ann Cryer.