Electoral Registration and Administration Bill
(Limited Text - Ministerial Extracts only)
Read Full debate13:28 - The Committee divided: - Ayes: 188 / Noes: 266 - Question accordingly negatived.
17:00 - The Committee divided: - Ayes: 211 / Noes: 284 - Question accordingly negatived.
17:15 - The Committee having divided: - Ayes: 204 / Noes: 293 - Question accordingly negatived.
18:42 - The House having divided: - Ayes: 284 / Noes: 204 - Question accordingly agreed to.
Wayne David
The hon. Gentleman is making a powerful case—so powerful, indeed, that we hope that he will press the amendment to a vote, but if he does not do so, we will.
The Parliamentary Secretary, Office of the Leader of the House of Commons (Mr David Heath)
After the Committee has heard my reply.
Mr Williams
As my hon. Friend says, we must hear what he has to say on the subject first. His intervention is timely, as I am now moved to speculate on what he may say.
Schedule 4(6) adds to section 9A the words
“and for the purpose of securing that, so far as is reasonably practicable, persons who are entitled to be registered in a register (and no others) are registered in it”.
I know that the Government are content with that, feeling that it strengthens the responsibilities that EROs already have, but what risk, I ask my hon. Friend, does the change pose to the accuracy and completeness of the register? I feel that my amendment 35, which deletes the phrase
“so far as is reasonably practical”,
buttresses the obligation of EROs to secure persons who are entitled to be included in the register.
Let me reiterate to my hon. Friend the Member for Caerphilly—for he is my friend—that mine is a probing amendment, and that, as I said at the outset, I am seeking to clarify these matters for the benefit of those of us who have discussed their concerns with the Electoral Commission. Certainly there is no good reason to reduce the duty imposed on EROs, and, if anything—given the tone of our debate and the cross-party aspiration that has been expressed—we should be enhancing and strengthening it. I should be grateful if the Minister explained the reasoning behind the changes in the Bill, and how they would affect EROs’ current obligations.
It seems to me that the Bill in its current form has the potential to weaken the principle of maximising registration, which would undermine what the Government are attempting to do. I do not believe for a moment that that is their intention, but I look forward to hearing what the Minister has to say.
We have heard from other Members about the expectations that we have of EROs, and the performance standards that are used to assess their role. Let me refer again to the Electoral Commission’s report. Performance standard 3 refers to
“house-to-house enquiries to ensure that all eligible residents are registered.”
Although the Electoral Commission observed that progress had been made—
“the number of EROs who reported meeting or exceeding this standard increased between 2008 and 2010”—
eight EROs did not meet the standard. The commission stated that it had been able to contact them and remind them of their responsibility to “take all necessary steps”. It also stated that in 2011, for a range of reasons, it had heard anecdotal evidence suggesting that a greater number of EROs might not have met the standard in that year, and might not have taken “all necessary steps”. That prompted it to do some research. It contacted EROs and asked them whether they had carried out a personal canvass of all non-responders, and 58 replied citing budgetary restraints and rurality.
There is clearly continuing concern about house-to-house inquiries. The Electoral Commission is worried enough about the present set-up and the present wording of the legislation, but it fears that the position could worsen as a result of the new wording.
Mr Jackson
I agree, but there are existing checks and balances if the system does not work. I referred earlier to the situation in Sheffield, and in particular Sheffield, Hallam, the Deputy Prime Minister’s constituency. That was not just swept under the carpet. That was a very serious issue of people feeling they had not had the opportunity to take part in a vote and, as the hon. Gentleman will know, it resulted in a full, open, transparent inquiry by the Electoral Commission, and lessons have been learned. There is room for discretion within a permissive approach, but the amendments do not propose that.
I am always slightly wary of dismissing legislation that says, as schedule 4 does,
“so far as is reasonably practicable”.
That is the language of consensus, reality and pragmatism—the language of a practical approach. To disregard that and be overly-prescriptive would be a mistake. For that reason, if this amendment is pressed to a Division, I shall vote with the Government. I hope the Minister makes it clear that this amendment is unnecessary and the Bill’s current wording is appropriate.
Mr Heath
It is a pleasure to return to this Bill under your chairmanship, Mr Hoyle.
I am grateful to the hon. Member for Caerphilly (Wayne David) and my hon. Friend the Member for Ceredigion (Mr Williams) for their amendments and the manner in which they discussed them. However, the hon. Gentleman’s revealing that he intends to vote for his amendment irrespective of my response does not give me a great incentive to try to persuade him—but my hon. Friend has a more open mind, and I know will listen carefully to what I have to say.
Wayne David
I have to say that I have made an assumption on the basis of what has happened so far with this Bill. I very much hope the hon. Gentleman proves me wrong, but I do not think he will.
Mr Heath
And on the basis of the way we have conducted our business in this Committee so far, I have also made an assumption about the hon. Gentleman. Let us leave it at that.
On amendments 39 and 35, it will come as no surprise to my hon. Friend the Member for Ceredigion to learn that I shall repeat what the Minister with responsibility for constitutional reform, my hon. Friend the Member for Forest of Dean (Mr Harper), said in an earlier debate on this measure: far from diluting the requirements on registration officers, under the new registration system we are strengthening the existing duties.
This Bill amends the Representation of the People Act 1983, and I accept that it can be a little difficult to follow how one qualifies, and relates to, the other. I shall try to explain that, therefore. The Bill sets out new requirements on registration officers, amending the previous legislation. My audience’s eyes will glaze over if I mention too many related sections, but one of the duties under section 9A of the 1983 Act is that the register must contain those who appear to the registration officer to be entitled to be registered. That presents a problem under the new system, because we do not want registration officers to confine their efforts simply to those who appear to be entitled to be registered; we want them to go out and seek out people, because we want the register to be complete. The duties are now expanded, therefore, so the registration officer has to go out and find people who are not on the register, and of whom he is not aware, and then include them on it. Therefore, a different process is engaged. At present, the provision in question also ignores the fact that there must be an application for registration before a person is added to the register. It is a key point that, at the application stage, the electors will be verified.
Those two important parts of the new system must be included in the new legislation, which is why the Bill amends section 9 to ensure that the description of the register in respect of individual registration is accurate. The register is to contain only those people who are “entitled” and have been through the application system. It also amends section 9A to make it clear that registration officers must do more than just take the specific steps laid out in the legislation in a tick-box manner and include in the register those people who made an application. Those requirements will remain, and must be fulfilled, without exception, but the Bill adds an express general duty to take all other
“necessary steps…so far as is reasonably practicable”
to compile as complete and accurate a register as possible.
The qualification of “reasonably practicable” applies to the standard of completeness and accuracy of the register that must be reached. It must be as complete and accurate as is “reasonably practicable”, which is a very high level, but there is an acceptance of the fact that no register will be absolutely perfect. It would not be right to set out in legislation a requirement for registration officers to achieve an unreasonable or impracticable level of completeness. However, the steps the ERO must take are not qualified. EROs must take all the necessary steps to achieve a register. That is not qualified as being steps that are “reasonably practicable”; they must take all the necessary steps to provide a register that is as complete and as accurate “as is reasonably practicable”.
Mr Heath
No, it would not. The steps that an ERO needs to take will be set out both in the guidance from the Electoral Commission and in the secondary legislation. Those steps will be a duty upon them; it will not be about doing this if they get round to it or if they feel it would be a good idea. There will be a basic level of steps that they must take. All we are doing with this “reasonably practicable” qualification is saying that, despite their best endeavours, EROs are not going to achieve a perfect register, because no one in any constituency in any country in the known world has ever produced a register that is absolutely accurate and perfect. However, EROs must do everything they can to make it is as near to that as possible by taking all reasonable steps.
Mr Stewart Jackson
The Minister is making a strong case. Is not the corollary of these amendments that, if we disregard the practicability of the efforts by the EROs to put this register together, compiling a register would be exactly the same, and would be seen as such, in Colchester, a constituency made up of one town in a compact urban area, as it would be in Orkney and Shetland, a constituency of many islands? It simply is not practical to regard the constituencies as being the same for the purposes of compiling a register.
Mr Heath
I am grateful to the hon. Gentleman. He sets out why we must avoid being too prescriptive: we want EROs to do a variety of different things in different places to achieve their objective.
The hon. Member for Edmonton (Mr Love) asked whether there is a minimum that is required. I can tell him that there is. Our draft regulations will set out what the EROs must do to encourage applications to register to vote. That will include, as a minimum, the sending of an invitation, of two reminders and of a canvasser to encourage an application. There is no question of our watering down the duty of EROs; we are simply recognising that even at the end of all that, because of the change in the way in which this section is constructed by the amendment of the original Act, EROs will not have a perfect register. However, they must have as near to a perfect system as possible for getting to the perfect register.
Wayne David
With all due respect, what the Minister is saying is about as clear as mud. As I understand it, the Government are trying to say that this is merely a technical amendment. We are saying that the whole issue of a door-to-door canvass is extremely important, and if it ain’t broke, why fix it? We should keep it as it is.
Mr Heath
I am sorry if the hon. Gentleman cannot understand the point I am making, because I thought I had set it out clearly. I am not sure that I can find an alternative construction that might make it easier for the hard of understanding. What he asserts to be a dilution is not a dilution because it applies to a different process. The use of
“so far as is reasonably practicable”
is a qualification of the completeness of the register, not of the system the EROs use to get there, where they must take all the steps required, and others, in order to achieve an accurate and complete register. I think that that is sufficiently clear and that members of the Committee will feel it is sufficiently clear. However, as he stated that he was not going to be satisfied by my explanation even before I gave it, I am not entirely surprised that he finds that difficulty now.
Mr Love
The Minister says that the things that the ERO will need to do will be set out in the regulations. Will those matters also be subject to the test to which the hon. Member for Peterborough (Mr Jackson) referred—the financial wherewithal necessary to carry this out—or can that be judged under the criteria the Minister has just suggested?
Mr Heath
I am in danger of straying into a different part of the legislation here, because that requirement is already in place. One of the things that concern many of us is the difference in performance of some authorities in carrying out what is clearly their duty. The returning officer and the ERO have a statutory duty to carry out their duties effectively. If they are not given the resources by the local authority concerned, they must insist that they have those resources. There is also a back-up provision for the Electoral Commission to take a view on that and report the matter to the Government where there is a deficiency—so the apparatus is in place. Given the new responsibilities that EROs have and the transition funding that they will receive as part of the process of implementing this Bill, I hope that they will be a little more forthright in saying when they are being starved of funds. I must say that there is no direct correlation between the EROs who have more than adequate resources to do their job properly and those who do not, and the relative financial solvency or otherwise of the local authority; it is often a matter of political will as to whether this is seen as a priority.
Mr Heath
I think that the hon. Gentleman agrees with that point.
May I just deal with the other two issues raised in the amendments? Amendment 37 deals with the reporting of suspicions that an individual had committed offences relating to electoral fraud when submitting either a registration or absent vote application. Again, nobody would quarrel with the purpose of that. Perhaps I should say the “purported purpose”, as we never know exactly what the purpose of the amendments tabled by the hon. Member for Caerphilly is because he does not provide an explanatory statement, unlike my hon. Friend the Member for Ceredigion. I accept that the purported purpose is a good one.
Let us be absolutely clear that there is a need for EROs to refer to the police any suspicions they have on registration and postal vote applications that they receive, and that is set out clearly in the guidance issued to them by the Electoral Commission. The hon. Member for Caerphilly will have looked at that, and he will know that paragraph 3.37 of the Electoral Commission’s “Managing electoral registration in Great Britain” guidance clearly states:
“Any issues concerning the integrity of the registration process should be reported”—
by the ERO—
“to the police immediately.”
In addition, the Electoral Commission has worked with the Association of Chief Police Officers to produce guidance for EROs, returning officers and police officers on identifying and responding to allegations of electoral fraud associated with the registration and postal voting process. In exercising powers under section 9A of the Political Parties, Elections and Referendums Act 2000, the Electoral Commission has also set out a specific performance standard on integrity—performance standard 4— which EROs need to meet on maintaining the integrity of registration and postal vote applications. In order to meet that performance standard, EROs are required to establish and maintain contact with their local police—a single point of contact—and ensure that any suspicions arising from registration and postal vote applications are reported to them immediately. EROs are already assessed on their compliance with that standard by the Electoral Commission, so putting in place this statutory requirement would be otiose in those circumstances. If the question is whether they are doing that, the Electoral Commission’s report is encouraging. EROs appear to be making significant progress in the completion of the integrity performance standard.
The figures in the report on the performance of electoral registration officers in 2011 show that 260 EROs, or 68%, met the standard, whereas 116, or 31%, performed above it. Those who are mathematically gifted will work out that 68 plus 31 is 99, which leaves only 1% of EROs—only four—who did not meet the standard. Why not? They did not provide sufficient documentation to the Electoral Commission about the work they had done—they had done it—to take matters forward with the police. The Electoral Commission has give a strong bill of health to the steps taken by EROs of their own volition and with the support of local authorities, as the hon. Member for Peterborough (Mr Jackson) said, to do the job with which they are entrusted and to report their suspicions.
Mr Stewart Jackson
I concur warmly with the Minister. My experience of living through Operation Hooper, which was the postal vote fraud investigation in Cambridgeshire arising from the June 2004 local and European elections, puts that sharply into perspective. It is important that there should be no perverse incentive that means that electoral registration officers do not take action because of the resource implications. Hooper cost the Cambridgeshire constabulary a huge amount of money, which has never been recouped by the constabulary or by the city of Peterborough, and the Minister should be mindful of that.
Mr Heath
I absolutely agree. There should be no constraint on dealing effectively with attempted or actual fraud in the electoral process. EROs should be confident not only that they have the capacity to act but that the police will engage with them. That is why the work between the Electoral Commission and ACPO is so important.
Wayne David
I hear what the Minister says about the reports produced by the Electoral Commission, but that is all in the past. We are talking about a transitional system and an entirely new system. Our contention is that EROs should have greater responsibilities to ensure that they take that aspect of their work very seriously and that there is a need for a stipulation to that effect on the face of the Bill.
Mr Heath
I hear what the hon. Gentleman is saying, but the Electoral Commission’s most recent report from 2011, which is really not that long ago, expresses the strong view that EROs understand their responsibilities in this area perfectly well. It is by no means clear that a statutory provision would make one jot of difference. From a jurisprudential point of view, I do not think it is very easy to establish that someone has failed to report a suspicion. If they have documented it, they are likely to report it, and if they have not I would like to see the process by which one could establish that a suspicion had formed in their mind.
There are difficulties with the proposal from the hon. Member for Caerphilly, but I do not think we are talking about a major difference of opinion. We simply think that the Electoral Commission has taken and will continue to take the necessary steps, that EROs are responding positively to that and that we have a much more satisfactory arrangement now than we would have had a few years ago. That is partly thanks to the work of the previous Government in introducing the provisions that gave the Electoral Commission the standard-setting duties it now has.
Finally, let me deal with the proposal to give the Electoral Commission powers of intervention. The amendment is not clear. I do not want to criticise the hon. Gentleman, but it is a curious provision in an Act of Parliament to give a power of intervention without stating what that power is. The proposal raises a serious point about the role of the Electoral Commission. We think that the fulfilment of the requirements set out in section 9A of the 1983 Act plays a vital role in improving the completeness and accuracy of our electoral registers. We are committed to achieving that, but giving the Electoral Commission powers to intervene when that is not being done would be a significant change to how it operates. It already has powers to set and monitor performance standards for electoral services, which is what we have just been discussing, and it does it very well, measuring the performance of EROs against those criteria. A failure to meet those standards might suggest a potential failure to meet the duty set out in section 9A of the 1983 Act, which is absolutely right.
Mr Love
Under the 2010 Act, the Electoral Commission was given a central role because of the critical importance of the introduction of individual electoral registration. Amendments have already been made to downgrade the role of the Electoral Commission. Does the hon. Gentleman not accept that we need an independent body with expert witnesses in its membership to ensure a smooth transition to individual electoral registration?
Mr Heath
I absolutely agree. The Electoral Commission plays a hugely significant role and will continue to do so, setting out and monitoring the performance standards. It is also helping through its new responsibilities to ensure that EROs do their job. When there are concerns about the EROs’ performance as regards this duty or any other, the Electoral Commission has a power to intervene by making a recommendation to the Secretary of State or the Lord President of the Council, who has a power of direction to require registration officers to comply with the directions on discharging their functions. It goes further, because in addition it is an offence for a registration officer to breach their official duty without good cause. If prosecuted and found guilty, a registration officer can be fined up to £5,000. I believe that that system has so far worked well as regards any registration officer who was found to be in dereliction of his duties. I cannot see any need to change that or for any specific provision to be made about the discharging of those duties under section 9A.
We want the Electoral Commission to play a key role in monitoring how registration officers implement their policies, including their fulfilment of section 9A duties. The Secretary of State or the Lord President of the Council would as a last resort retain the ability to issue formal directions to a registration officer if they were in breach of their legal responsibilities. I hope that those detailed explanations of the Government’s position mean that the hon. Member for Caerphilly and others will feel able to withdraw their amendments.
Wayne David
I heard what the Minister said. I was not entirely convinced by his arguments, but there was some reassurance on some points, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Wayne David
In principle, the provisions in clause 14 on the timing of parish and community council elections are sensible, but, as the Minister knows, local government is devolved to Wales. What consultation on this point was carried out with the Welsh Government prior to the publication of the Bill?
Mr Heath
I would not want to mislead the hon. Gentleman by suggesting that I have personally made such contact, because I have not. That would have been a matter for the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), who is the Minister with responsibility for constitutional reform. However, throughout our work on the Bill, we have ensured that we have shared our intentions with all the devolved Administrations that will be subject to it. I will confirm to the hon. Gentleman what consultation was carried out with the Welsh authorities, but I am confident that that will have taken place, because it has happened with other aspects of the Bill. When possible, we have accommodated any points that the devolved Administrations have made.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
The clause deals with the timing of local elections, but local authority elections are a matter for the National Assembly. Clearly, community council elections should also be a matter for the National Assembly, rather than being reserved to Westminster. Further to the question asked by the hon. Member for Caerphilly (Wayne David), will the Minister hold discussions with the Welsh Government on taking that idea forward? There is a Green Paper on future electoral arrangements for Wales, and perhaps the subsequent White Paper and legislation would be a vehicle to move that forward.
Mr Heath
I undertake to draw the hon. Gentleman’s remarks to the attention of the Wales Office and my hon. Friend the Parliamentary Secretary, Cabinet Office. If progress can be made in the way that the hon. Gentleman suggests, that can certainly be considered.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Alteration of electoral registers: pending elections
Wayne David
I beg to move amendment 38, page 9, line 12, at end insert—
‘(1A) In section 13(4), at end add “provided that the registration officer shall not make any such changes if an election specified in section 13B(4) is scheduled to take place within 30 days of publication of the revised version of the register.”.’.
The amendment is small, but important. Clause 15 will amend the Representation of the People Act 1983 to provide for two interim publication dates when an election is pending on which notices of alteration of the electoral register must be published. The intention behind amendment 38 is to counter electoral fraud.
Unfortunately, if someone was so inclined, they would find it relatively straightforward to add a small number of electors to the register fraudulently over several months. The odds of such fraud being detected reduce in proportion to any reduction in the time available between the publication of the electoral register and an election. I am told that this was part of the problem in the 2007 Slough postal votes fraud. The chances of detection are also reduced if the electors added mid-year are new to the register, because the situation will not be apparent from the register itself.
The police commissioner elections will take place in November, just a matter of days after the publication of a wholly new register. We are keen to ensure that that does not become a pattern, because it is not especially good practice. I say that not just on behalf of the Labour party, but for the benefit of all political parties, because we all have the role of engaging with the democratic process and making a case to secure votes in elections. Such a situation does not give time for parties’ local activists to detect suspicious new registrations through the numbering system employed by electoral registration officers.
While this might be a small issue in the scheme of things, we are making an important practical point from the perspective of not only the organisation of political parties, but the detection of fraud. We are especially concerned to avoid a repeat of what happened in Slough in 2007.
Mr Heath
I am grateful to the hon. Gentleman for raising this sensible point. We all agree that, when possible, registers should be in place for a significant time prior to the elections to which they relate. I do not want to revisit the police commissioner elections, because I think that he will accept that they are an exceptional case.
The hon. Gentleman has set out an option for what could be done, but his proposal would create practical difficulties. Indeed, the problems are of such a scale that they might involve additional expense. While that would not be the end of the world if the proposal meant that fraud would be detected more effectively, the amendment would also create the possibility of confusion.
I understand that the amendment would provide that electors remaining on the register following a canvass would retain their existing electoral number if an election took place within 30 days of the register’s publication. However, I am not clear about what would happen if electors were removed from the register following the annual canvass. If the intention is that the numbers for those electors would not be used on the new register, there would be gaps in the number sequence for electors, unless those gaps were filled with new electors, which would create a strange and rather jumbled numbering process. It might mean a different numbering system for new electors. Far from getting rid of the difficulties which the hon. Gentleman correctly identifies as a risk, it might introduce new risks into the process if the system made it difficult for the parties, the electoral registration officers and the IT systems to cope.
The further issue—this is not to belittle the hon. Gentleman’s amendment—is at what point the renumbering should begin. The amendment is silent on when would be the appropriate time to renumber consecutively. If we wait until the next revised register, the same circumstances might apply, and there might be a significantly longer period during which no renumbering has taken place and the numbers do not run consecutively, which would pose a different challenge.
When a revised register is published, parties must unavoidably update the data that they hold to reflect changes to the register, removing people from and adding others to the register. The numbering is part of that process. The amendment would add complexity and potentially cost, though that is not the critical factor if it were effective. I am not convinced that it would reduce fraud, but I would be happy to explore the implications of the hon. Gentleman’s proposal with electoral administrators. I am not convinced by it yet, for the reasons that I set out, but I understand the point that he is making. If, by withdrawing the amendment, he will allow me to do so, I will ensure that we consider whether it is practicable or whether an alternative proposal is practicable to deal with the issue that he raises.
Wayne David
I thank the Minister for that considered and balanced response. He acknowledges that there is an issue that should be addressed in one way or another. I am not suggesting that we have presented a watertight solution, but the amendment is an attempt to engage with the problem. I welcome the fact that he is prepared to consider, with officials, whether there is a technical way to reduce the problem that we have identified. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 15 ordered to stand part of the Bill.
Clauses 16 and 17 ordered to stand part of the Bill.
Clause 18
Use of emblems on ballot papers
Question proposed, That the clause stand part of the Bill.
Wayne David
Perhaps there should be a competition to determine the most appropriate symbol.
On the issue of joint Co-op and Labour party candidates, I understand that the Government explained on Second Reading and before that the clause is intended to address a gap in the legislation. Can the Minister provide reassurance not only that it will address an anomaly in the case of parliamentary elections, but that there is no difficulty in the case of local elections, and that is covered by other legislation?
Mr Heath
I did indeed think that the hon. Gentleman intended to make further mischief, and he may have done so, marginally. May I reassure him that there is not the slightest intention of my party standing joint candidates with the Conservative party? We come together as a coalition of principle in this Government but at the next general election—[Interruption.] The hon. Gentleman does not keep up with the news if he believes that there are not divergent opinions developing on policies after the next election. We will see what happens.
The clause deals with a simple anomaly that affects the hon. Gentleman’s own party at every election where there are Labour/Co-op candidates and they cannot use a symbol that relates to their joint candidacy. It is not only the Labour party that is affected. Some of us, including my hon. Friend the Member for Ceredigion (Mr Williams), may remember Cynog Dafis, formerly a Member of the House. He was elected on a Plaid Cymru/Green ticket. The problem did not arise then, because at that time we did not have party emblems on the ballot paper, but were he or another candidate to stand on the same basis today, he would not be able to have a joint emblem to denote his candidature. It is a small discrepancy, and the clause amends rule 19 of the parliamentary election rules in schedule 1 to the Representation of the People Act 1983 to enable a candidate who is standing on behalf of two or more registered political parties to use a single emblem on the ballot paper.
Sir Peter Bottomley
I do not claim to be expert in this and I can see that the clause allows a candidate to use one emblem of one party. Does it disallow the use of an authorised combined emblem of two parties?
Mr Heath
I believe I am right in saying that the clause would allow that if the emblem were registered as the emblem of those two parties in combination. I imagine the Labour and Co-operative party will wish to register an emblem to indicate that their candidates will be taking on that joint sponsorship.
Sir Peter Bottomley
I am grateful to my hon. Friend for giving way again. If his interpretation is not right, perhaps we can be written to and the matter considered before the Bill makes progress in another place. It would be useful if the Government said whether they intend a candidate standing with the agreement of more than one party to be able to use a symbol combining elements of the symbols of both parties. If the intention is to disallow that, it would be interesting to hear that. If the intention is to allow it, it would be nice to know that explicitly.
Sir Peter Bottomley
It may be that that would have to allow for the possibility that a party would register two emblems, one by themselves and one with another party. It does seem to be a slightly more complicated issue than we understand at the moment.
Mr Heath
It does seem to be a much more complicated issue than I expected when I stood at the Dispatch Box. My understanding is that under the present arrangements parties can register more than one emblem, for example to demonstrate regional or national differences within a single party, so I do not think that that is a problem. That is my understanding, unless I have completely misunderstood the intention behind this. I will write to the hon. Gentleman to clarify that point.
The hon. Member for Caerphilly referred to other elections. This applies only to parliamentary elections because we have already made the necessary changes in secondary legislation to address the issue for most other elections that are affected by the change. We cannot do that for UK parliamentary elections without primary legislation, and that is why it is in the Bill today. It will complete the process, so that we no longer have that discrepancy. I hope that that satisfies the hon. Gentleman.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clauses 19 to 21 ordered to stand part of the Bill.
New Clause 1
Personation
‘In section 60 of the Representation of the People Act 1983 (Personation) after subsection (2) insert—
“(2A) The Secretary of State shall introduce regulations by statutory instrument to facilitate actions by electoral registration officers, their agents and others, including candidates and their agents in elections, to—
(a) prevent, and
(b) detect personation.”.’. —(John Hemming.)
This Clause would enable action to be taken to prevent or deter personation.
Brought up, and read the First time.
John Hemming (Birmingham, Yardley) (LD)
I beg to move, That the clause be read a Second time.
Sir Peter Bottomley
I respect the hon. Gentleman, but I am trying to develop a slightly different approach. I will do so very briefly.
First, there should be a one in 100 check on postal vote applications. Secondly, there should be a retrospective check on whether postal votes have been used by the elector themselves. Thirdly, there should be a place where people who think that postal votes have been stolen—literally and physically stolen—can report it, and there should be a way to check those reports. Lastly, the police should be asked what it is they lack that would make it possible for them to investigate complaints and suggestions of impropriety properly. I think that that approach would solve the problem.
Mr Heath
It is a pleasure to serve under your chairmanship in this Committee, Ms Clark.
My hon. Friend the Member for Birmingham, Yardley (John Hemming) has raised an important point about impersonation and other electoral fraud offences. He was very fair in what he said at the beginning of his remarks. First, he said that this is a probing new clause. I therefore do not intend to dissect the wording of his new clauses to any great extent, because I do not think that he intends to press for a Division. Secondly, he was fair in saying that electoral malpractice is not confined to one party. We all need to be aware of it, to be on our guard against it and to take all appropriate steps to ensure that it does not happen, either in our own parties or in the wider electoral process. He, of course, recounts what he has experienced in Birmingham, and it is perfectly proper for other hon. Members to raise issues that reflect the experience in their areas.
We have traditionally been extraordinarily complacent in this country about our electoral administration arrangements. We have assumed that most people play the game according to the rules, and most people do. However, in making that big assumption, we have sometimes omitted to take elementary steps that would be considered perfectly normal in other jurisdictions to prevent the possibility of those who do not want to play by the rules doing things that we would not consider to be normal.
As I indicated earlier in the passage of the Bill, I have considerable experience of monitoring elections overseas as a member of the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe. Indeed, I have led international monitoring missions in a number of countries. The things that I have seen done in other countries, which we say in international forums are the things that we would like to see, are completely omitted in our country. Some of the things to which my hon. Friend the Member for Birmingham, Yardley referred, such as the use of transparent boxes to avoid ballot stuffing, are normal in most new democracies. It is normal in most new democracies for representatives of parties to act as observers in polling stations as a trust-building measure. Indeed, it is common in a lot of countries to have a method of indicating that somebody has voted, such as the use of dye. Those are not measures that we should or need to take in this country, but it is important that we do not have a complacent view of fraud, or an old-fashioned view that such things cannot happen in the United Kingdom—they can, and we should be on our guard.
Mr Gary Streeter (South West Devon) (Con)
Does the Deputy Leader of the House agree that the police in this country, perhaps unfortunately, have traditionally taken a relaxed view of electoral fraud—it is almost as if it is not a proper crime? Does he welcome noises from senior police officers in the past few months to the effect that they have got that wrong and will be more stringent in future?
Mr Heath
I mentioned in the debate on an earlier group of amendments the extraordinarily valuable work that has been done between the Electoral Commission and the Association of Chief Police Officers. That work, which has involved comparing notes and finding best practice, has brought it home to local police officers that electoral fraud is their responsibility, and that attempting to undermine our democratic process by doing things incorrectly is a serious offence and should be taken seriously.
That has not always been the case—Governments, too, have not always taken electoral fraud seriously. I give credit to the previous Government because they started to take it seriously latterly in legislation, but I emphasise on behalf of this Government that we take electoral fraud very seriously indeed and regard the integrity of the ballot as a top priority. That is precisely why we introduced the Bill and measures such as individual elector registration.
We need returning officers and their staff to work closely with local police forces, candidates and agents to raise awareness of voting offences and the proper procedure for reporting concerns. The joint guidance from ACPO and the Electoral Commission in advance of a poll, for which the hon. Member for Worthing West (Sir Peter Bottomley) asked, will give examples of best practice on detecting malpractice. It will be enormously valuable. For example, polling station staff will be issued with guidance notes routinely on how to identify individuals they suspect of committing a voting offence, and on what to do if they are not satisfied that a person is a genuine or eligible voter.
Under existing law and under the Bill, polling station staff can ask voters certain prescribed questions before issuing them with a ballot paper, including asking whether they are the person named on the register under the relevant entry and whether they have already voted in that election. Staff can withhold a ballot paper from those attempting to vote more than once. I agree with my hon. Friend the Member for Birmingham, Yardley that the process of a tendered ballot is not well understood, but it ought to be in such circumstances. Staff must also mark each voter’s name on the register before they are issued with a ballot paper to prevent people from voting several times.
Sir Peter Bottomley
Marking prevents the person who should be casting the vote from doing so, because someone will have used their name before.
Mr Heath
That is precisely the point about the tendered vote. The person who subsequently arrives at the polling station can vote—whether a personation has occurred is determined at a later stage.
Similarly, measures are already in place to prevent postal voting fraud. All postal voters must supply postal vote identifiers—a signature and a date of birth—both when they apply for and when they return a postal vote. Anyone seeking to abuse a postal vote that is addressed to someone who has moved out of a property would have to replicate a signature and know the date of birth to pass the rigorous checking system. In addition, the Government will introduce secondary legislation to make it mandatory—this deals with an issue raised by the hon. Member for Worthing West—for returning officers to check 100% of postal vote identifiers on return postal vote statements. Taken together, those measures will make it very difficult for a third person to intercept a postal ballot and commit personation.
The evidence is that the number of instances of personation remains relatively low. That is not complacent—in certain areas under certain circumstances, there is a higher number, but overall the rate is relatively low. The encouraging thing is that the joint report by the Electoral Commission and ACPO shows a reduction in the proportion of reported cases following the 2011 referendum compared with previous ballots. The existing safeguards in legislation and practice perhaps are beginning to have an effect, but we are introducing further safeguards in the Bill.
As I said, I shall not dissect the new clauses, but the concern we have with the proposals made by my hon. Friend the Member for Birmingham, Yardley is that they are vague—unidentified measures could be taken by delegated powers, of which hon. Members have traditionally taken a dim view because they allow Ministers a freer rein to introduce new measures. If we were to take additional powers to deal with such problems, we would want to do so in primary legislation.
Kelvin Hopkins (Luton North) (Lab)
I apologise for having only recently come into the Chamber, but what the Minister says on personation is interesting. Polling officers check for personation, but many people do not speak English, particularly women from ethnic minorities. Will such difficulties be addressed?
Mr Heath
The most important thing is the sequence of events. First, we want to get the register right. The Bill gives a much wider responsibility to electoral registration officers to get the registers complete and accurate. An accurate register makes it more difficult for somebody to commit an offence at the point of voting. The easiest thing in the world is not to vote fraudulently but to register fraudulently. That is why we are keen to make the register accurate and complete in the first instance.
Secondly, when tendering a postal vote—voting at the polling station is not an enormous problem for the communities to which the hon. Gentleman refers—the identifiers should mean that there is no problem. The Electoral Commission constantly monitors arrangements to ensure they work for everybody.
There are structures in place to detect suspicious applications to register. One thing hon. Members spoke about earlier was the liaison between EROs and the dedicated single points of contact within local police forces. That ought to improve police performance in that respect. The key is the introduction of individual elector registration, which the Bill allows and which will remove some scope for malpractice.
I criticised my hon. Friend the Member for Birmingham, Yardley for the vagueness of his proposals. I know he will take that in good part, because he did not intend to prescribe. I do not go along 100% with some of the things that came up in the debate. I am not sure, for example, that having CCTV in every polling station makes sense. Some polling stations in my constituency are lucky to have electricity, let alone CCTV.
In addition, there are confidentiality issues. I would be slightly worried about such a change. This country has a long and important tradition of secret ballots, and some people are already worried that simply being ticked off contradicts that principle. It does not, of course, but having a television camera trained on them might give them cause for concern, so this is not something we want immediately to embrace.
Nick de Bois
That is entirely the point. We are living in a new world, and in a world that changes at a much faster rate than it has ever done before. There are no barriers to voting. There may be challenges for us as politicians when it comes to reaching the electorate, but that is for us to deal with. It is for the electorate to have free and fair access to the exercising of their vote. As a result of the changing world—the changing technologies, and of course the British consulates that are represented around the world—it is now possible for people overseas to vote in person.
I should like to make one important distinction. The Committee has an opportunity to move with the times by allowing overseas voters—I mean overseas British citizens; I am glad that my hon. Friend the Member for Worthing West (Sir Peter Bottomley) is not still present, as I should be in trouble if he were—to exercise their democratic right. I was struck by a paragraph in a public letter from a Mrs Margaret Hales, MBE, who lives in Spain. She sums things up rather well, and if the Committee will forgive me, I shall read out the full quotation. She wrote this letter to the Deputy Prime Minister, and said:
“I am immensely proud that one of my ancestors was Emmeline Pankhurst. One hundred years ago she struggled through arrest, imprisonment, force-feeding and the derision of the then Liberal government”—
I make no partisan point—
“finally to gain universal suffrage. Had she been alive today she would have supported the help given to free Libya, she would have been behind William Hague in his negotiations to secure freedom in Syria and his support of Aung San Suu Kyi. But she could never ever have dreamed that her relative would be writing to you today to remind you, the British Deputy Prime Minister, that universal suffrage is the ultimate goal of every democracy and that the government is there to serve its citizens and not to disfranchise them.”
I rest our case.
Mr Heath
I am grateful to the hon. Member for The Cotswolds (Geoffrey Clifton-Brown) for introducing this new clause. We had a taster of the argument it raises earlier in our proceedings, when he got some answers from the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper), who is constitutional affairs Minister, but I shall attempt to give some more answers today.
The hon. Gentleman raises an interesting question, ably supported by the hon. Members for South West Devon (Mr Streeter) and for Enfield North (Nick de Bois). If I was asked to defend 15 years as the right length of time for qualification, I am not sure that I could come up with a convincing argument, other than the fact that that is what Parliament decided. Parliament has considered this matter on a number of occasions, and it has come up with different definitions of the appropriate qualifying period. On no occasion hitherto has Parliament decided that there should not be a qualifying period, however; it has always said, “Well, there must be a point at which somebody’s links with their country of origin are sufficiently tenuous not to entail having a vote.” Whether that is the correct view is for the House to decide. I merely report the view the House has taken when it has discussed this matter previously.
Geoffrey Clifton-Brown
Surely the fact that somebody would want to register their overseas vote to take part in a general election in this country is sufficient evidence in itself that they have sufficient interest about what is going on in this country to merit being allowed a vote, rather than being denied it.
Mr Heath
The hon. Gentleman makes a strong point. I am simply reporting the fact that when Parliament debated this matter in the past, it always took the view that there should be a limit.
As the hon. Gentleman rightly said, many other countries take a different view on the appropriate franchise. Some provide for their citizens to vote in domestic elections, while others have specific Members of their legislatures who represent the diaspora. I recall once meeting a charming gentleman who was an Italian Senator. I think I represent a fairly large constituency in the context of the UK Parliament, but its size paled into insignificance when compared with that of his constituency, which, if I recall correctly, was Australasia, Asia, Africa and Antarctica. That is a fairly large part of the world. I do not know whether he visited every parish council on a regular basis, but he certainly represented a lot of Italians who were living abroad. The point is that different countries find different ways of addressing this issue.
Our position at the moment is that we give eligibility to vote to people within 15 years of their living abroad. We extend that also to Members of another place for the purposes of voting in European elections. Some exceptions are made in respect of members of the armed forces, persons in Crown service, persons working for the British Council and their spouses and civil partners.
Mr Heath
So we would still need to have a responsibility on overseas electors to register, rather than have the registration officer seek these people in order to enable them to be registered. Having said that, if we can find better and easier ways to enable that to happen, we should do so; the advent of IT processes may well do exactly that. I ask the hon. Gentleman to withdraw his new clause. He has made some very important points and I undertake that the Government will give them serious consideration. We will see whether there are proposals that we might wish to bring forward in due course to address some of his points.
Mr Shepherd
I support new clause 5. The reasoning behind it is clear and has been discussed over a long period. The fact is that we only have the right in this country to vote through our membership of the Commonwealth; we do not have the right to vote as British citizens. I do not intend to take up a great deal of time, because I appreciate that the debate is under considerable time pressure, but the question of the relationship between citizens’ rights and duties has become increasingly disconnected.
The history of our nationality laws goes back to a great and long imperial past, and each of our Representation of the People Acts has, in a sense, tried to catch up with the world as it is. We have no greater right than as a citizen of the Commonwealth, and I wanted to see on the face of a Bill—it has been suggested that this should happen—that a British citizen has a right to vote, and for that citizenship to be the category.
A Library note first gave me cause for concern, along with the response to a query from me about the House of Commons research paper that accompanies the Bill. That response from the Library concerned the question of the accuracy of the information presented to Members of Parliament. I make no criticism of the Library, as it is the finest resource and the most remarkable people are employed there. They often make a difference to the quality of our speech from the arguments we were originally able to articulate according to our own ability. The Library states:
“The Research Paper refers to ‘British Irish and qualifying Commonwealth citizens resident in the UK’ in order to explain the franchise arrangements succinctly. As we agree, the RPA 1983 refers to qualifying Commonwealth citizens and Irish citizens as being able to vote. I believe that most British citizens do not understand that they come under the term ‘Commonwealth citizens’. Other disqualifications are also relevant, such as meeting the residence requirements of the RPA, and ensuring that the prisoner disqualification does not apply. The Research Paper did not cover these in detail either.”
That is why the House does not necessarily know the background.
The debate has gone on for a long time. The arguments expressed by my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) about the length of residency overseas that is necessary to maintain the vote here was a matter of considerable controversy in the 1980s, when those provisions were introduced. At that time, the Labour party was deeply concerned about the proposals on the false assumption, I think, that everyone who could afford to retire abroad or live for long periods in countries such as Spain would predominantly vote Conservative. That is perhaps why we have that mismatch. My experience of life is that one cannot necessarily tell how anyone will vote.
I want to commend the previous Prime Minister. I know that that is an unusual position for a Conservative and for many citizens, but he set in train the consideration of some of our Crown authority issues, such as passports and so on. He commissioned Lord Goldsmith to conduct a review of citizenship and its relationship to the vote. The review was called “Citizenship: Our Common Bond”. The anxiety with all this in relation to the Representation of the People Act 1983 is that citizenship is not necessarily a common bond any longer, as can be seen in some ways. People have dual nationalities that they can take on for whatever reason or convenience, so they can have British citizenship but no sense of allegiance to the institutions or the country. That is the way the world is going, with a divorcing of the relationship between loyalty, allegiance and a sense of pride in one’s country. As a country, we are one of the most fortunate in the world and there is an enormous sense of pride across all communities about being British. Our right to vote as citizens of Britain should be in legislation.
I note the remarks that two people have made about this issue. First, our spokesman in the Lords during the passage of the Representation of the People Act 2000, Lord Mackay of Ardbrecknish, spoke to an amendment at Lords Committee stage to include the term “British citizen” in that legislation. He thought that should be set out clearly. I mention, in passing, that during the debate Lord Jopling suggested that if the UK were expelled from the Commonwealth there would be real problems with the wording in the legislation. That is a silly but technical point, in which there is truth. More importantly, Lord Goldsmith, in his report on citizenship, touched on the right to vote and recommended restricting the right to vote to UK citizens. These were his words:
“However, I do propose that government gives consideration to making a clear connection between citizenship and the right to vote by limiting in principle the right to vote in Westminster elections to UK citizens. This would recognise that the right to vote is one of the hallmarks of the political status of citizens; it is not a means of expressing closeness between countries. Ultimately, it is right in principle not to give the right to vote to citizens of other countries living in the UK until they become UK citizens.”
That is the argument behind this measure. It is an old argument and a new argument in the sense that people do not realise they have the vote only through their Commonwealth citizenship. I would like to see the measure in the Bill.
I know that the Government must think about this and that there would be consequences, but 800 million or 900 million Indian citizens, if they gained admission here—I do not think we could possibly take 800 million but if they did gain admission—would have the right to vote in British elections. I do not think that is right. This is a big and substantive issue that affects our relationships. Citizenship by birth or through the expression of allegiance, by wanting to be a citizen and acquiring citizenship, are justification for the vote. These arguments mirror those adopted elsewhere and in other countries. I ask my hon. Friend the Minister to look closely at this matter and see whether an amendment could be tabled in the House of Lords to support my new clause.
Mr Heath
The hon. Member for Aldridge-Brownhills (Mr Shepherd) addressed two factors in his remarks, the first of which was the extent of the franchise and the different categories of people who are allowed to vote in our UK parliamentary elections. Secondly, he addressed the definition in the Bill, which his new clause addresses, of whether it is an accurate description, rather than dealing with the qualification.
The Representation of the People Act 1983 sets out those who are entitled to vote in UK parliamentary elections as those who have attained the age of 18 and are Commonwealth citizens or citizens of the Republic of Ireland who are resident in the UK. In order to register, Commonwealth citizens must have leave to enter or remain in the UK, or not require such leave. I accept that is a historical anomaly, but it has been in place for many years and reflects our historical ties with Commonwealth countries. There are reciprocal arrangements with Ireland, as British citizens resident in the Republic of Ireland have been entitled to vote in elections to the Irish Parliament since 1985. If the hon. Gentleman will forgive me, I will not enter into a debate about whether that franchise is right, because that does not relate to the purpose of new clause 5.
Mr Shepherd
I am trying to make the specific point that our Representation of the People Act does not include the phrase “British citizen”.
Mr Heath
Precisely so. The 1983 Act uses the term “Commonwealth citizen” and, by definition, while we remain part of the Commonwealth—I take the hon. Gentleman’s point about what would happen if we left the Commonwealth, but I do not think that that is expected in the near future—that includes every person who is a British citizen, a citizen of the British overseas territories, or a citizen of one of the Commonwealth countries listed in schedule 3 to the British Nationality Act 1981. People are therefore entitled to vote in this country as British citizens, but the term used in legislation is “Commonwealth citizen” because the franchise extends wider than just British citizens and citizens of British overseas territories.
I think that the hon. Gentleman acknowledges that new clause 5 would have no practical effect on the franchise, but it would be a declaratory provision setting out that the right to vote in an election in this country is conferred by virtue of being a British citizen, and that that right is extended to Commonwealth citizens. It would therefore make a distinction between the two.
Mr Shepherd
What other democracies in the world do not designate their citizens as having the right to vote? Does not the Minister find it extraordinary that, of all the countries in the world, we are the one with a mechanism under which people have the right to vote only by virtue of membership of an international organisation, the policies of which we have no control over?
Mr Heath
We are not entitled to vote only through Commonwealth membership. We are entitled to vote as British citizens. British citizens are Commonwealth citizens, and that is why the legislation is drafted in such terms. I understand why the hon. Gentleman feels that it is important to make such a distinction, because I would hope that those of us who hold British citizenship are proud to do so. I am also proud to be part of the Commonwealth, which reflects the great history of our nation, and our electoral law takes account of that.
There are aspects of British electoral law in which such a distinction is necessary, and therefore is specifically stated, because an entitlement is restricted to British citizens. For example, the Representation of the People Act 1985 sets out that only British citizens are entitled to register as overseas electors. When the distinction is necessary in legislation, it is made. While I understand the intention behind new clause 5, it is not necessary to change the construction of our electoral law in such a way. I fear that if it were enacted, it would introduce a potential inconsistency with other legislation which uses the phrase “Commonwealth citizen” to include British citizens and other Commonwealth citizens.
However, the hon. Gentleman raises an important point and I will go away and consider it further to see whether there is a useful distinction that ought to be made in our legislation. I hope he will not press the new clause today, although it is useful for him to have raised the issue. Perhaps we should at some stage address the question of whether that distinction should be made. Perhaps we should at some stage also look at the franchise, but now is not the right time and the Bill is not the right place to do that. Nevertheless, he is perfectly entitled to raise the point today.
Geoffrey Clifton-Brown
With the leave of the House, may I comment briefly on what the Deputy Leader of the House said in response to my new clause? He said clearly that the Government were keen to look at the issue. He rose to my challenge and raised a few minor problems with extending the franchise beyond 15 years for overseas voters, and he responded to some of my hon. Friends, whom I thank for supporting me in the debate, about some of the difficulties of the registration process.
Of course everybody wants the integrity of the electoral register to be maintained to the utmost degree. Only those who are eligible to register should register. We all understand that. The Deputy Leader of the House asked how an electoral registration officer would promote who is entitled to register as an overseas voter, which in the Bill is a positive duty. May I suggest that for overseas voters, that would be only a reactive duty? The electoral registration officer would have to react only to a valid application that was made to him.
May I suggest to the Deputy Leader of the House and to the Committee a practical way of dealing with the issue? The hon. Gentleman should table an amendment on Report or an amendment should be tabled in another place to take powers to extend but not reduce the 15-year period at a time when the Government are satisfied that the registration process is robust and maintains the integrity of the electoral register. He would be able to do that in tandem with the Parliamentary Secretary, Cabinet Office, his hon. Friend the Member for Forest of Dean (Mr Harper), who told the House last week that he would look at the measures for the registration process that I suggested to him—namely, using the passport as an identity document, abolishing the annual requirement to register, perhaps introducing a permanent opt-in for people who had registered validly once, and the possibility of using British embassies so that people could register and, even better, vote there. The Cabinet Office Minister undertook to look carefully at those measures, which could be introduced under the Bill and under the existing legislation and secondary legislation. I suggest that the Deputy Leader of the House table an amendment to take a power to extend the 15 years when the Government are satisfied that those measures are in place. On that basis, I beg to ask leave to withdraw my new clause.
Clause, by leave, withdrawn.
New Clause 4
Voting procedure
‘(1) Schedule 1 to the Representation of the People Act 1983 (c. 2) (parliamentary elections rules) is amended as follows.
(2) In rule 37 (voting procedure) after paragraph (6) insert—
“(7) A voter who is in the polling station or in a queue outside the polling station for the purpose of voting at the time specified for the close of the poll shall be entitled to apply for a ballot paper under paragraph 1 above and a ballot paper shall be delivered and the voter entitled to vote in accordance with this rule.”.’. —(Mrs Laing.)
Currently, voters who are in a queue at a polling station at 10 pm but who have not yet been issued with their ballot paper are unable to cast their vote. This amendment would allow for ballot papers to be issued to any registered voter who is in the polling station or in a queue outside the polling station at 10 pm, in order that they may then cast their vote.
Brought up, and read the First time.
Mr Kevan Jones
I congratulate the hon. Member for Epping Forest (Mrs Laing) on tabling the new clause. She explained clearly that what we need to do is include in this Bill—we have an opportunity to do it—what is “reasonable” and “practical”, as she put it. We are not asking for any major changes to the system we use for elections in this country, but it was quite clear in 2010 that large numbers of people in some constituencies were denied the right to vote even though they intended to wait in queues to get into the polling stations, as the hon. Member for Harrow East (Bob Blackman) said.
One issue that needs to be clarified is that the new clause would help returning officers to know exactly what the law is, as there were different responses in different parts of the country. My hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) mentioned Sheffield. In the Sheffield Hallam constituency, long queues of students waited to vote for the now Deputy Prime Minister. I doubt they will have that problem at the next general election, but if they have such problems when they turn up to vote him out, those who have turned up to vote in reasonable time should be able to cast their ballot.
One issue mentioned by the hon. Lady, with which I agree, concerned the preparation for elections. For nearly 11 years, I was a councillor in Newcastle upon Tyne and in 2010 I went back to help with the general election in my old ward of Walkergate. I was shocked by what the Liberal Democrat administration had done to that ward by reducing the number of polling stations. Not only did people have to travel large distances to get to the polling station, as I mentioned the other day, but there was a capacity problem in trying physically to deal with the number of electors. Making the law clear would be helpful. As I understand it, in one polling station in Newcastle the returning officer took what was referred to afterwards as a “practical” and “common sense” step by allowing people into the polling station if they had arrived at 10 o’clock, locking the doors and allowing them to vote. If the law was clear, it would, as the hon. Lady said, be quite simple to know where the end of the queue was.
The new clause is long overdue and would help not only returning officers but the many thousands of constituents who were denied their vote in 2010. As we have said on numerous occasions during the passage of this Bill, that vote is the core of our democracy.
Mr Heath
I welcome you to the Chair, Mr Evans, and am grateful to the hon. Member for Epping Forest (Mrs Laing) for tabling her new clause. We have had a valuable debate involving the hon. Members for Penistone and Stocksbridge (Angela Smith), for Harrow East (Bob Blackman), for Hackney South and Shoreditch (Meg Hillier) and for North Durham (Mr Jones).
It is simply unacceptable that significant numbers of electors are unable to cast their vote due to the organisation of a polling station. It should never happen again and we must take steps to ensure that it does not. Those Members who have expressed their concern and even anger on behalf of their constituents are perfectly in order to do so, as such things should not happen.
I should also point out that only a small number of polling stations were involved: only 27 out of 40,000 across the country. That is not a representative sample of electoral arrangements in this country, and there were not many large queues at polling stations at close of poll that left people unable to cast their vote. That in no way reduces the impact on those who were affected, but it at least puts it in context.
The Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper), has made it clear in everything he has said on this issue in Committee and in this House that the primary cause of the problems was a lack of effective planning by returning officers. That will be effected not by legislation but by administrative action to make sure that they do the job better in future to avoid those unacceptable scenes. They should ensure that enough polling stations are provided to accommodate the electors in each area. It is not acceptable for there to be too few polling stations. They should ensure that polling station staff have sufficient time and training to manage the flow of electors well, as they generally do in most parts of the country and in most elections. In some ways, the firm closure of the poll at 10 pm should concentrate returning officers’ minds to ensure that, given that it is hardly news that the poll will close at 10 pm, they have the right arrangements in place to ensure that a complete and smooth passage for those arriving seeking to vote is effected at that hour.
Meg Hillier
I am concerned by the tone of the Minister’s remarks. If this was simply an administrative error, why did we see it across the country in such a widespread way? There had not been problems before in my constituency but there were on this occasion. The council acknowledged that there were things it could do better but this could still happen again. I cannot see what the Government would lose by backing this new clause.
Mr Heath
I am sorry that the hon. Lady asks why this happened in such a widespread way given that we have just established that it happened at only 27 polling stations out of 40,000. I do not think we can say it was a widespread problem. It was a significant problem but not a widespread one.
Mr Heath
No, I really do not have time if I am going to do justice to responding to the debate.
The hon. Member for Epping Forest did an excellent job with her Select Committee on the pre-legislative scrutiny of this Bill. I know that she chaired many of the sessions in the absence, unavoidably, of the Chair and that she took great care to make sure that my hon. Friend the Minister was quizzed by the Committee, when it took evidence and brought forward its responses. That is why I was a little surprised when she said that her Committee backs these changes to the legislation because that suggests that I have completely misread paragraph 98 of her Committee’s report, which was produced under her chairmanship, which states:
“On the issue of close of poll the Minister set out the Government’s position that the issues around close of poll in the 2010 election were ‘largely around poor planning, poor resource management’ and that an attempt to legislate in this area could create more problems than it solved. We agree with the Minister that in this area careful planning and allocation of resources are likely to be more effective in ensuring all those who are eligible can access their vote without resorting to legislation.”
That was the view of the Committee at the time.
Mrs Laing
The Minister is right to read out that part of the Committee’s report, but since then the Electoral Commission has looked at this matter in greater detail, has taken further evidence and has recommended very strongly that new clause 4 should become part of the Bill. I have listened to the Electoral Commission and that is why I have brought this new clause before the House.
Mr Heath
I do not think the Electoral Commission has changed its position. [Interruption.] I do not think it has. It took evidence but it took no further evidence after the hon. Lady’s Committee took its evidence and came to a conclusion. I am grateful to her Committee for supporting the view that the Minister took.
Any changes that we introduce create more potential for problems. For example, this is not what the hon. Lady has proposed but if we were to introduce discretion on the part of returning officers they would be open to challenge because of the way in which they applied that discretion. I am glad that she has not gone down that road. [Interruption.] She says, “No one suggested it,” but that was suggested by one of her colleagues. That is why I am responding to that point in the context of this debate.
There is a suggestion that the problem could be addressed by reference to the limits of the curtilage of the polling station, but that would be extremely difficult because it varies enormously among polling stations. The hon. Lady’s proposal is probably the least bad option, but the queue itself presents problems with definition and management, which is why it is extremely difficult to accede to such a measure. The situation did not happen widely before 2010 and has not happened widely since, but we must ensure that it is not allowed to arise, and the key to that is proper management.
Mr Heath
I beg to move, That the Bill be now read the Third time.
I thank Members from all parts of the House for their contributions to this debate. I speak not just as a Minister who is interested in the Bill, but as a business manager in saying that I am particularly gratified that we did not over-programme the Bill. We allowed the House the discretion to use the time sensibly, and it has done so responsibly. We have covered all the issues that are contained in the Bill and done them credit. I am grateful to Members from all parts of the House for that.
I believe that the electoral register is a key building block for our democracy. It is important that it is accurate and complete. I hope that my responses and those of the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean (Mr Harper) in Committee have answered all the concerns and questions that have been raised, and shown that the Bill will make the register more accurate and at least as complete as it is now. I hope that it will make it more complete.
On the conduct of the Bill’s passage, I thank hon. Members who have taken the time to write explanatory statements on the amendments that they tabled. That will have helped to ensure that the pilot is useful to the Procedure Committee in deciding whether to adopt the change in the longer term.
At the risk of this sounding like an Oscar acceptance speech, I also thank members of the Political and Constitutional Reform Committee for scrutinising the Bill before it was introduced to the House. They did an excellent job. The Bill is much better for their comments and the care they took over their work. That would not have been the case were it not for the receptive interest shown by the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Forest of Dean, and the team of officials who supported him, in responding sensibly to the suggestions that were made. That shows the value that pre-legislative scrutiny can add to the development of legislation. The way in which the House has debated the Bill has shown that it has responded to that approach, and it has dealt with the Bill in a timely fashion.
I look forward to the debate continuing in another place. I reaffirm that it is the Government’s intention to publish further draft secondary legislation by the time Parliament returns in the autumn so that we have all the necessary tools to understand what is proposed as we take the Bill forward.
The Bill will tackle electoral fraud by speeding up the introduction of individual electoral registration, which will require electors to register individually, rather than by household. In moving to that system, individuals will have to provide information to verify their application. The Bill will modernise our electoral registration system, thereby facilitating the move to online registration, and make it more convenient for people to register to vote. Our aim is to take steps to tackle electoral fraud, increase the number of people who are registered to vote and improve the integrity of the register. The safeguards that the Bill puts in place, such as the use of data matching to confirm and automatically retain about two thirds of electors on the register, the moving of the 2013 canvass to early 2014, and the introduction of a civil penalty for those who fail to make an application when required to do so, will help us to achieve that aim. As we have debated today, the Bill also includes provisions to improve the administration and conduct of elections, which will serve to increase voter participation and make a number of improvements to the running of elections.
The fact that we have elections based on the highest integrity, with registers that are as complete and accurate as possible, is the bedrock of our democratic system. It is incumbent on all hon. Members to make that a reality, and I commend the Bill to the House.
Wayne David
Like the Minister, I commend the programme agreed for Committee, which was sensible and appropriate—all hon. Members have had plenty of opportunity to air their support or concerns. I hope that that sensible approach is continued for the next constitutional legislation that we will discuss, namely the House of Lords Reform Bill, and that there will be plenty of time for Members to consider all the more important issues.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
I do not want to risk your wrath, Mr Deputy Speaker, but will the hon. Gentleman tell us how much time he wants to debate that Bill?