Hansard

I am pleased to be here for the debate. The parliamentary process has been fairly smooth and has reflected the consensus across all parties on the need to continue to improve the administration of elections. I am grateful for members’ support and, in particular, for the work of the Local Government and Communities Committee. I also thank the people who gave evidence and helped to develop the bill.

This is the second bill in this session of the Parliament that has been designed to improve the administration of elections. It follows the Scottish Local Government (Elections) Act 2009, which decoupled local government and Scottish Parliament elections. As members are aware, the bill has two key purposes: first, to establish the electoral management board for Scotland on a statutory basis for its work in relation to Scottish local government elections; and secondly, to extend the Electoral Commission’s statutory remit to include local government elections in Scotland.

As I said during the stage 1 debate, the electoral management board will have the general function of co-ordinating the administration of local government elections in Scotland. For now, the board’s statutory remit relates only to local government elections. I hope that by the time of the next elections to the Scottish Parliament, which are likely to take place in 2016, the board’s remit will have been extended to cover Scottish Parliament elections.

It has been suggested that the board’s remit could be extended to include elections to other bodies, such as health boards or the Crofters Commission. Such bodies cover specific geographical areas or functions, and expertise and advice is available from local returning officers. As a consequence, I do not see the need for national co-ordination, although the matter can be kept under review as the board beds in.

The bill will establish the post of convener, who will have the power to give directions to returning officers, and a more limited power to give directions to electoral registration officers. There was debate during the earlier stages on whether the convener should be able to be named in court cases that arise as a result of such a direction. Section 128(2) of the Representation of the People Act 1983 provides that

“A person whose election is questioned by the petition, and any returning officer of whose conduct the petition complains, may be made a respondent to the petition.”

Given that the board’s convener must be a returning officer, we are of the opinion that section 128(2) would apply. We do not intend that the procedure would have to be used, given that directions are intended to provide administrative consistency and will be given only where other options for agreement have been considered and exhausted. Overall, the board will play a valuable role in the elections process and in ensuring the smooth administration of elections.

On the implications for the Electoral Commission, the extension of the commission’s remit to cover local government elections in Scotland will help to address Gould’s concern about fragmentation of responsibilities. The provisions will ensure that there is consistent oversight and reporting on the administration of all general elections in Scotland.

The commission has already exercised some of those functions on an ad hoc basis; the bill will formalise that activity. For example, the commission conducted public awareness campaigns to support previous local government elections. The function of awareness raising will become more important in the lead-up to the 2012 elections. As members of the Local Government and Communities Committee are aware, the Scottish Government recently conducted testing on the design of the ballot paper that will be used next year. The results of the testing will be published shortly and are likely to reinforce the need for an information and awareness campaign on the single transferable vote system.

During consideration of the bill, the Electoral Commission expressed concern that the bill would not allow it to provide advice to candidates in local government elections. I undertook that my officials would discuss the issue further with the commission. I am pleased that as a result of those discussions the commission confirmed that it is content with the bill, and that no amendment was required at stage 2.

The bill represents a further step towards improving electoral administration and ensuring that the electoral system that is in place has, at its core, the clear objective of meeting the needs of the electorate.

I move,

That the Parliament agrees that the Local Electoral Administration (Scotland) Bill be passed.

09:28