National Referendum (Hansard, 12 January 1998)

§ Mr. Ron Davies

Allegations have appeared in the press suggesting that the procedures for counting the votes in the referendum were defective. These allegations are false.

The counting arrangements were under the general supervision of the Chief Counting Officer, Professor Eric Sunderland, on whose appointment I consulted opposition parties. Professor Sunderland appointed Counting Officers for each of the 22 local authority areas in Wales; each Counting Officer was responsible, subject to any directions issued by the Chief Counting Officer, to make appropriate arrangements for the various counts.

Parliament provided that the referendum should be conducted in accordance with the Parliamentary Elections Rules. Counting Officers were therefore responsible, 40W having regard to any advice issued by the Chief Counting Officer, for applying to the particular circumstances of individual ballot papers rules 47(1) and (2). These provide, inter alia, for any ballot paper which is unmarked or void for uncertainty to be rejected; but that a paper marked other than in the proper place, or otherwise by means of a cross, or by more than one mark, could be accepted as a valid vote if the voter's intention clearly emerged.

In the course of the counting on the night of 18 September, the Chief Counting Officer had occasion to issue supplementary advice on the treatment of ballot papers marked "No" opposite the "I do not agree" box. I am writing to the hon. Member separately setting out in details the circumstances as to how and why this occurred, and am placing a copy of my letter in the Library. I understand that 20 out of 22 Counting Officers followed that advice, but that the advice did not reach the Counting Officers in Pembrokeshire and Powys. The total of votes rejected in those two areas as being unmarked or void for uncertainty was 323; had the Chief Counting Officer's advice reached those Counting Officers, some of those votes might well have been added to the total of valid "No" votes. The likely consequence of 20 out of 22 Counting Officers following that advice is that the total valid "No" vote across Wales was increased by several thousands.

Counting Officers made decisions on the validity of individual ballot papers in the light of comments made by observers representing all political parties and both Yes and No campaigns. Following completion of each count, all Counting Officers were asked whether there were any special or unusual features of the count which should be drawn to the Chief Counting Officer's attention, and whether any of the observers were dissatisfied with the conduct of the count. There were no such features, and in no case were observers reported as dissatisfied with the conduct of the count. It is clear therefore that in the opinion of the independent observers scrutinising the counts, decisions made on the admissibility of doubtful votes were made fairly and properly.

Subsequently, in one authority (Caerphilly County Borough Council) complaints were made about aspects of the count. Having become aware of these in my constituency capacity, I referred them to the Counting Officer. He subsequently wrote to me confirming that the matters raised had been resolved. I understand that further queries were raised, and that the Counting Officer answered these points to the satisfaction of the inquirers in a letter dated 28 October.

41W

Following completion of the referendum, one letter was received in my Department addressed to Professor Sunderland, complaining about delays in announcing the results from each area and also referring to spoilt ballots. Professor Sunderland's responsibilities having come to an end, the correspondent received a reply from my officials—copies are in the Libraries. The correspondent has recently written again, and will receive a full reply as soon as possible. The Welsh Office has also received one letter in the last few days addressed to Professor Sunderland referring to the recent allegations; it will be replied to by my officials. Otherwise, my Department has received no other correspondence on this matter. I am advised that no other complaints have been made to Counting Officers in any authority in Wales by any member of the public (including those who had served as observers during the various counts).

Finally, I should make clear that I have received no representations calling for an inquiry, and I have no intention of calling for an inquiry on this matter.