Moved by
That the Bill be read a second time.
Relevant document: 6th Report from the Delegated Powers Committee.
My Lords, the aim of the Bill is to tackle electoral fraud, to increase the number of people registered to vote, to give people greater ownership of their own registration and to improve the integrity of the register. The Bill also includes provisions to improve the administration and conduct of elections, which will serve to increase voter participation, and to make a number of improvements to the running of elections.
Last year, the Cabinet Office funded the Electoral Commission to carry out a detailed analysis of the completeness and accuracy of the electoral register in Great Britain. It showed that as of December 2010 the electoral register was 85% to 87% complete and by April 2011 was 85% accurate. This translates to there being over 6 million people missing from the electoral register compared with some 3 million estimated 10 years earlier.
To provide some perspective, Northern Ireland, which introduced individual registration in 2002, now has an electoral register which is also 85% complete but is 94% accurate. This Bill, by facilitating the use of such things as online registration and data matching, will help tackle the problem of declining registration. In doing so, the Government place equal importance on the completeness and accuracy of the register.
Britain is one of the few countries in the world still to rely on a system of household registration, inherited from the period when only heads of household voted. A system that relies on this notion of the head of household does not engender any personal responsibility for being registered or promote a person’s ownership of their vote. It is increasingly unsuitable in multi-occupation dwellings, where it may not even be clear who the head of household is.
As well as the current problem with completeness, the system is also unacceptably open to fraud. There is widespread concern about electoral fraud in this country. If citizens do not have confidence in the integrity of the electoral register, they will not have confidence in the integrity of election outcomes. For a number of years, observers of UK elections have highlighted concerns about the registration system. In its election assessment mission report on the general election of 2010, the OSCE’s Office for Democratic Institutions and Human Rights described the voter registration system in Great Britain as the weakest link in the electoral process because of the absence of safeguards against fictitious registrations. It recommended:
“Consideration should be given to introducing an identification requirement for voters when applying for registration as a safeguard against fraudulent registration”.
That is why in the Bill we are legislating to speed up the introduction of individual registration. The register published after the 2015 annual canvass will consist of entries that, with the exception of some of those for the Armed Forces, have all been individually verified. This is a position that the Electoral Commission supports. Jenny Watson, chair of the commission, when commenting on alleged malpractice in the London mayoral elections, said:
“The Electoral Commission wants to see our registration system tightened up and it’s good that the Government plans to introduce new laws to do this which will apply to any of us who want to vote by post before the 2015 General Election”.
Some individuals have advocated introducing a requirement for electors to provide some form of ID at a polling station. In considering any such proposal, we need to maintain a balance between security and accessibility, and to avoid introducing measures that would risk disenfranchising legitimate electors. The Electoral Commission is looking to carry out a review of the existing policy and is not asking for any changes to be made at this stage. The Government therefore have no plans to introduce ID at polling stations at this time, but will give careful consideration to any findings that emerge from the commission’s review.
Before I set out what we plan to do to reach individuals who are not registered, I will briefly set out the transition from the current to the new system and the steps we are taking to ensure that legitimately registered electors will not be removed from the register in the transition to individual registration. The last canvass under the current system will be postponed from autumn 2013 to spring 2014. This will ensure that the register will be as up to date as possible before the transition to the new system in 2014.
We plan to confirm about two-thirds of existing entries by matching the names and addresses of every elector on the register against the Department for Work and Pensions’ customer information system. Following this data match, electoral registration officers will carry out an amended canvass in the summer and autumn of 2014. The remaining one-third of electors whose details have not been confirmed through data matching will be sent a personal invitation to register under the new system. At the same time, the Electoral Commission will run a publicity campaign to inform the general public of the change to the new system.
If an individual fails to make an application after the first invitation, the registration officer will send them another invitation to register. If they fail to apply, the registration officer will be required to send a door-to-door canvasser to encourage their application. The registration may also, in specified circumstances, require an individual to make an application by a certain date—and if an individual fails to do so, a civil penalty may be issued.
At the same time, properties with no registered electors, and properties where a registration officer believes that there are unregistered residents, will be sent a household canvass form to help identify potential new electors whom the registration officer will invite to register, and follow up, as I set out. Following this canvass, a register will be produced, and only where a registration officer determines that an existing elector is no longer eligible will they be removed from the register. In other words, there will be a “carry forward” provision for existing electors so that, even if they have not had their details confirmed, and they have not made a successful new individual application in 2014, they will still be able to vote at the 2015 general election. However, any individual who wishes to vote by post or proxy at the 2015 general election will have had to have made a successful new application or have been confirmed and retained on the register through data matching. The electors who lose their postal or proxy vote will be informed and encouraged to register individually.
Following this canvass, and up to the 2015 general election, individuals will be able to register at any time. After the 2015 general election, registration officers will carry out another full household canvass. The new household canvass form will be pre-populated—that is, the names will already be on it—with the names of those electors who have successfully applied to be registered under the new system and those confirmed through data matching.
Before the end of the 2015 canvass, registration officers will send personally addressed application forms to existing electors who have not yet made a new successful application and whose details were not confirmed at the beginning of the transition. This acts as a final reminder for the individual to make an application before their name is removed from the register. Following this canvass, registration officers will remove all electors, except some service personnel, who have not made a successful application to register under the new system and whose details were not confirmed through data matching.
Let us be clear that, by this stage, this group will have been data matched to try to confirm them automatically in 2014, invited to register with a follow-up by post and in person in both the autumn of 2014 and the autumn of 2015, and received a final notification that they will be removed from the register. They will also have had the opportunity to register when political awareness was at its highest prior to the 2015 general election. The transition that I have just outlined, particularly the use of data matching to retain automatically the majority of electors on the register, will ensure that the registers created during the transition to individual electoral registration will be robust.
We are not aiming merely to stem the decline in the proportion of electors registering. The move to individual registration will also open up opportunities to improve the completeness of the register in Great Britain. The Bill will, for example, facilitate online registration. This will make it more convenient for individuals to register to vote; more accessible for people with visual impairments; and easier for young people. It will also make the whole process of electoral registration more efficient. We intend that the online system will be fully operational when the transition to individual registration begins.
Following the example of Northern Ireland, the Bill will also enable the use of data mining to find potential eligible electors who are missing from the register. Last year, we ran pilots for the first time to test this process in Great Britain and, subject to parliamentary approval, we plan to run a further set in February and March 2013 to test their use for identifying key target groups. The results of these pilots will allow us to see which data sets can be of most use for electoral registration officers.
We are also currently taking steps to maximise registration among under-registered groups. This will include working with a range of partner organisations, including Bite the Ballot and Operation Black Vote, to reach groups currently under-registered by testing a range of activities. Officials have also recently met the National Union of Students.
I want to touch briefly on some features of the Bill that were debated in the other place. The first of these is the new civil penalty. It is our intention that the warning on invitations to register, well before the question of imposing a civil penalty arises, will help encourage people to do their civic duty and register to vote. The Bill provides that after a registration officer has followed specified steps, they can require an individual to make an application. We have already published draft secondary legislation which sets out these specified steps. The Bill also sets out that the size of the civil penalty will be stipulated in regulations. We are of the view that the penalty should be within the parking fine spectrum, and the draft regulations set out the arguments for it being at the lower end, at around £40, or at the higher end at around £130. We will shortly be engaging with relevant stakeholders to seek views as to the appropriate level and we will make a decision based on these discussions.
It is also the Government’s intention to produce further iterations of the draft legislation by the time this House returns from the Summer Recess. These will include the regulations setting out the appeal procedure for any civil penalties issued and the enforcement mechanism. This will enable the House to debate the details of the civil penalty scheme while the Bill is in Committee.
Another issue that aroused debate when the Bill was in the other place was Clause 6, which provides for a power to abolish or amend the annual canvass. I want to put it on record that the Government have no current intention to abolish the annual canvass. It is, however, sensible to take this power now as it will allow future Governments to keep pace with technological developments. For example, in future it may be that a data matching exercise such as that used in Northern Ireland may be able to replace some or all of the canvass, thus simplifying the registration process further for individuals. I should remind the House that it was the previous Government who abolished the annual canvass in Northern Ireland under the Northern Ireland (Miscellaneous Provisions) Act 2006. The use of this power is subject, in addition, to strict safeguards including, but not limited to, consulting the Electoral Commission on any proposal and requiring it to produce a report. We have allocated £108 million over the spending review period to fund the costs of transition. We will be funding local authorities in England and Wales directly through grants under Section 31 of the Local Government Act 2003, allocated for the purposes of paying for the transition. In Scotland, electoral registration is carried out for the most part by electoral registration officers who, barring the two exceptions of the City of Dundee and Fife, are independent of each local authority. The additional costs of implementing the new system will be paid directly to them.
I hope that noble Lords will accept that this Bill, which has already undergone pre-legislative scrutiny and significant consequent changes, represents a reasonable set of proposals which will safeguard the completeness of the register during the transition to individual electoral registration.
I turn now to the clauses in the Bill concerning the administration and conduct of elections. They address issues that have been raised by parliamentarians and stakeholders and make a number of practical and sensible changes that will help to deliver more effective electoral administration. The Bill includes provisions that extend the electoral timetable for UK parliamentary elections from 17 to 25 days. At present, postal voters have a maximum period of two calendar weeks to receive and return their postal ballot pack, but that shrinks when the time taken to print and distribute the packs is factored in. This creates a particular problem for service voters based abroad, their families and other overseas voters. The changes will address these problems by increasing the time period to up to four calendar weeks.
To assist with the understanding of this proposal and the related proposal to require electoral registration officers to publish two additional updates to the electoral register in the run-up to an election, I will today place in the Library of each House a paper which sets out in detail the current electoral timetable, our proposed extension of that timetable, and the benefits it will bring. The Bill also includes provisions that relate to postal voters whose votes are rejected at an election because their postal vote identifiers do not match with the identifiers stored on record. The Bill will enable regulations to be made that will place electoral registration officers under a duty to inform electors, after the election, if they fall into this category. However, electoral registration officers will continue to be able to use their discretion not to inform such persons if any impropriety is suspected.
Alongside this measure, the Government plan to introduce secondary legislation to require that postal vote identifiers are checked for 100% of postal votes, as opposed to the current 20%, at elections to strengthen the integrity of the electoral process and to provide an additional safeguard against electoral fraud. The Bill also includes provisions to allow the Secretary of State to withhold or reduce a returning officer’s fee for reasons of poor performance, on a recommendation by the independent Electoral Commission. These provisions will help to ensure that returning officers are accountable for their actions in respect of the conduct of parliamentary elections, making them liable to lose out on some or all of the fee that they receive for their services in connection with an election if there has been a clear failure to provide an adequate service.
In sum, the Bill will help to stem and reverse the recent decline in the completeness of our electoral register, to tackle fraud and to improve the integrity, administration and conduct of elections. I commend the Bill to the House.
My Lords, this has been a very worthwhile Second Reading, and a number of very valuable points were raised that we will all pursue further in Committee. I say straightaway to the noble Lord, Lord Prescott, that he raised a number of very interesting points on which I was not fully briefed, so I will be very happy to write to him on them.
We can take either a partisan or a non-partisan approach to this Bill in Committee. I very much hope that we will follow the suggestion of the noble Baroness, Lady Gould. Surely our goal must be to achieve a complete and accurate register—although I have to say, as complete and accurate a register as possible, because we all recognise that we already have problems with the register in both respects. We are trying to improve that, and none of us has the hope that we will be able to get complete accuracy or completeness. So let us take as non-partisan an approach in Committee as we can.
If I were to take a partisan approach, I would be quite sharp with both the noble Lord, Lord Wills, and the noble and learned Lord, Lord Falconer, whose opening speech reminded me of one that a prosecuting counsel might make in a case where he knew that the evidence was relatively weak. The noble Lord, Lord Wills, suggested in effect that this was a vast Conservative conspiracy in which the Liberal Democrats were somehow co-conspirators. I have done my politics in cities and I know of many cases of election fraud, mainly in local elections and often by Labour voters against Liberal Democrats, that were not pursued by the Liberal Democrats because of the immense expense involved in mounting a challenge. I am talking about Kirklees, Manchester and Bradford, although I am well aware of cases in Burnley, Birmingham and elsewhere. As the noble Lord, Lord Collins, said, what sort of democracy is it when we have severe problems at local level? I am also very conscious—
I must correct the misapprehension that the Minister is under. I do not think that I used the word “conspiracy”, and I was not alleging any grave conspiracy. I was trying to take noble Lords through the consequences of the Government’s approach to the review of boundaries in 2015, and the partisan political consequences that could well ensue—that was all. It is perfectly open to the noble Lord to give me good arguments why those consequences will not happen, and I shall be completely reassured. There is no question of a conspiracy; it is just a question of natural consequences following from what the Government are trying to do.
I shall do my utmost to reassure the noble Lord by the way that we handle the Bill as it goes through. I regret that the level of Cross-Bench participation in this Second Reading debate was not higher, because there is a lot of expertise on those Benches about the groups we most want to reach—the most vulnerable and marginal groups in society who are least involved in politics. We share a common interest in trying to get those people re-engaged in politics, and we recognise that we all have a problem in getting them re-engaged. I spent some time over recent weekends on big estates in Bradford where the level of turnout was astonishingly low and the level of registration fairly low.
To suggest—as I think I also picked up from some noble Lords on the Benches opposite—that somehow these people belong to Labour and are naturally Labour, even if they do not vote or even register, is stretching the argument. They belong to no party, and we all share the problem of how to get them re-engaged in society, politics and community life. I agree with the noble Baroness, Lady Hayter, that in this respect we have many problems. We are struggling against a deeply cynical media that reinforces the instinctive scepticism of rising numbers of voters. We all have to demonstrate that we share a concern for the quality of our democracy and of our democratic institutions.
Perhaps I may make one more partisan remark before I return to being my usual entirely non-partisan self. In the 2005 general election, the Labour Government returned to power on 35% of the votes cast—barely a quarter of the electorate—and the majority of the media and the Opposition did not cry, “Illegitimate and improper”. However, it was close to the bounds of democratic acceptability.
How will we engage young people? The noble Lord, Lord Bates, in particular asked how we are working with Bite the Ballot and Operation Black Vote. We have not looked very far into the question of whether we should have campaigns which involve personalities and celebrities. However, we have looked at using social media more. We are looking at the experience in Northern Ireland where working in schools with what are called the “attainers”—16 and 17 year-olds—has provided better civic education. Taking registration forms into schools has clearly had a very positive effect. As we move to individual registration, we very much hope to follow this experience to ensure that we catch the attention of young voters, many of whom are not terribly interested in politics at that time.
The noble Baroness, Lady O’Loan, raised the issue of elderly and disabled people. We are consulting Scope, Mind and a number of other bodies on how best to make sure that access is maintained and how to improve access to polling stations where possible. The levels of suspected fraud for postal votes and proxies are much higher than for those giving personal votes in the election. Therefore, asking people to reassure us during the transition that postal and proxy votes are real is a justifiable way of improving the accuracy of the system.
Perhaps I may talk about the difference between this Bill and the previous Act. The noble Baroness, Lady Hayter, referred to a “ruinous timetable” as if this were being rushed through unannounced. I remind the noble Baroness that this Bill has been through pre-legislative scrutiny and through the other House. We have listened and changed the Bill. When the Political Parties and Elections Bill was introduced in the Commons, it contained no provisions for individual electoral registration. However, when the Conservative Opposition tabled a reasoned amendment and voted against the Bill, relevant clauses were added in the Lords. These were not discussed fully in the Commons, except when the Bill returned from the Lords. It is, therefore, grossly unfair to suggest that we are rushing into this or, indeed, as I understand the opinion of the noble Lord, Lord Wills, that the previous Bill was perfect and this is somehow imperfect.
The noble Lord, Lord Rennard, asked me about the statement on the invitation on the civil penalty and how prominent it would be. The Electoral Commission will design the invitation form and will test it with users to achieve the best possible form to encourage registration. I know that there is much concern about differences between local authorities in the duties of the electoral registration officers. These duties will be clearly set out in the Bill, secondary legislation and in Electoral Commission guidance. We are working closely with the Electoral Commission to ensure, as far as possible, a consistent approach across local authorities. The noble Lord, Lord Rennard, will no doubt return in Committee to how large the civil penalty should be and how often it should be applied. If an individual has been issued with the penalty and subsequently applies to be registered, we intend that the penalty will be waived. We are not persuaded by his suggestion of multiple fines in a single year—whatever it might do to assist the Treasury.
The noble and learned Lord, Lord Falconer, asked what we are doing now to increase registration rates. I have already said a little about that. We are closely studying the experience of Northern Ireland. We have seen the excellent work there and we hope to learn from it to ease the transition, which I have already described in my opening speech. The Cabinet Office is leading a programme of work to maximise electoral registration among the groups on which we all agree—that is, the ones that are currently under-registered or identified as at risk of falling off. However, we recognise that under-registration is not the responsibility of Government alone. We will work closely with partners across the public, private and voluntary sectors. I hope that we will all engage in this effort and encourage people from voluntary organisations to engage in it as well.
The noble and learned Lord, Lord Falconer, also asked me what evidence should be required. We dropped the requirement for a signature on the grounds that a date of birth and a national insurance number would be adequate in themselves. We propose to require these to enable online registration. We hope that people will gradually move forward with the technological change. I was struck by the DWP evidence about the speed at which people are moving to interact with the state online. Within the next five to 10 years, the overwhelming majority of people, including those of our generation, will be likely to interact with the state online. That is why we are moving in this direction and why it is proper to take in this Bill a power to suspend the annual canvass at some point in the future, as has been done in Northern Ireland, when it seems that the number of people dealing with registration online has reached an appropriate level.
The noble and learned Lord also asked me questions about the budget of the high-level implementation plan. I am sorry that he did not pick up from my opening speech that there is £108 million allocated over the spending review period. We are also making excellent progress in developing IT and we are pleased by the engagement of electoral registration officers of the Association of Electoral Administrators—
Although I am very encouraged to hear about the excellent progress being made, perhaps it would be possible to write and say precisely where we have got to because it is not easy to make an assessment when things are going fabulously. One needs a little more detail, if that is possible. I accept that it may not be for now.
I was just coming to the further detail. Perhaps I may issue a personal invitation. A number of parliamentarians have already seen a demonstration of the website that is to be used for registration. I am happy to offer a further demonstration of the prototype if any noble Lord, including the noble and learned Lord, Lord Falconer, would like to see it. Progress is being made, but it is being tested as we move forward.
The noble Baroness, Lady Gould, and others suggested that the data-matching pilot had not yet been evaluated. The Electoral Commission and the Cabinet Office have evaluated the pilots undertaken so far. A further exercise is taking place this year, and that will be evaluated over the next few months. The first pilots were very valuable in testing the usefulness of data matching and what is required to share and match data effectively. The evidence suggests that we can simplify the transition for existing electors by using data matching to confirm their details as accurate. As I have already explained, it produces a floor of around two-thirds of people, which enables us to concentrate our efforts on the remaining third to make sure that we get them back on the register as well. Later this year we will run a second set of pilots to confirm the conclusions of the first round and to refine the process of matching data.
The noble Lord, Lord Rennard, suggested that we should use data mining on private databases as well. I have to say that we would begin to get into issues of privacy and access to data if we were to go too far in that direction. As I have been learning about this process—and in regard to the census—I can hear Liberty and some other groups at my back as they begin to worry about it, so there are questions of privacy. However, we are speaking to organisations that hold potentially useful data, including the credit reference agencies, to establish the most useful data for the purposes of finding people who are not registered.
The noble Baroness, Lady Gould, asked about the publicity campaign. That will be the responsibility of the Electoral Commission, which of course will play a major role in the entire process. I do not accept the suggestion of the noble Baroness, Lady Hayter, that there is an apparent downgrading of the role of the Electoral Commission. Perhaps we can discuss that further before the Committee stage, but if it is a concern then clearly we need to meet it. I anticipated the question about risk registers. The Government do not publish risk registers, and we can return to the point at a later stage.
I was asked why we are abolishing the annual canvass. I again suggest that we have no intention of abolishing it until we are sure that we are getting sufficiently good results by other means.
The question I put to the noble Lord was why the Government had taken on the power to do so rather than it coming back to the other House.
It may be that the other House thinks that it needs an affirmative resolution. It is a very good point that we can of course discuss in Committee, but it certainly does not need primary legislation. As the noble Baroness knows, it has been carried through in Northern Ireland and it appears to have been successful there.
The noble Baroness, Lady Gould, asked about whether there would be a single level for the civil penalty. We intend to reach a single level within the spectrum, but we are consulting with various interested parties on what they think the appropriate level should be. Perhaps the noble Baroness would like to put down an amendment suggesting that we adopt the Finnish system, which is that the appropriate level should be a percentage of a person’s declared income for the year. That is how the Finns impose traffic and parking fines, but that is not our intention at the moment.
Or maybe we could use the system in Brazil. You cannot get a driving licence unless you are on the register.
I regret to say that that might be of declining utility. One of the things I have learnt while looking at data sets is that the number of young people who are registering as drivers is declining. It is a good thing for those of us who think that public transport is much more important in the cities, but fewer young people are learning to drive and getting driving licences, which is why that data set is not quite as useful as we thought.
My noble friend Lord Norton asked why the Government were taking in Clause 21 a power to repeal the establishment of a co-ordinated online record of elections. As we have said before, the costs of building and running the record seem to us to be disproportionate when weighed against its potential benefits. He also asked about the edited register, to which we will clearly return in Committee. The edited register is much beloved of charities and voluntary organisations. Now that I have to speak for the Cabinet Office, I have learnt that the lobbies in the charities sector are as determined and uncompromising as the lobbies in any other sector. They are very strong on maintaining the edited register, but the Government are committed to maximising registration rates, although we recognise that there are a number of issues about the names that appear. Perhaps that is another question for discussion in Committee.
I am sorry to interrupt the Minister. Could he address the issue of whether any research has been or will be undertaken to establish why people are not registering to vote? Do we have any detailed research or is any being planned?
That is a very good question to which I do not have the answer, so I will write to the noble Lord about it. I suspect that there is a multitude of reasons. Of course, some people have good reasons for not being on the register, including people in witness protection programmes and some celebrities. A range of issues can be cited, and there are others who are simply moving around too quickly, are not interested or who do not want to have contact with the state.
The noble Baroness, Lady Gould, queried the phrase,
“as far as is reasonably practicable”.
It is intended to refer to the completeness of the register, which comes back to the point that we do not expect electoral registers to be able to be 100% complete, but we want them to do their utmost to get as far as they can.
I thank the noble Lord, but that is not the interpretation that is being put on it by the Electoral Commission. It has raised this as an issue that needs to be looked at. Perhaps I could pass the information on because it might be of help.
I have read the note from the Electoral Commission on this.
The question of overseas electors will be raised. I had a conversation off the Floor of the House with the noble Baroness, Lady Hayter, in which we agreed that we are both being lobbied heavily by our local party organisations from Brussels and Luxembourg on this issue. The Government do not have any plans at the present moment to lengthen the period from leaving the country beyond 15 years, nor do we have any really ambitious plans to do what is done in some other countries, which is to allow voting in embassies and consulates. However, the longer electoral period will help.
I hope that that covers many of the questions which have been raised—
I am sorry to interrupt the Minister. I understand from the Companion that the time is now up. However, I did ask quite a large number of very specific and detailed questions, most of which derived from the impact statement published by the Cabinet Office. The Minister has not even referred to them. If there is no time now, I would be grateful if he could write to me with detailed answers to those questions. Also, he told me at the beginning of his speech that he would deal with the particular problem of the impact of any fall in registration on the boundary reviews. Perhaps he might be able to squeeze in a few seconds on that.
We will return to many of these issues in Committee. We have taken on board everything that has been said in the debate. We are confident that by going through the transition process and learning from the Northern Irish experience, we will come out with a register that is at least as complete as it is at the moment, and more accurate. Let us all recognise that we are operating against a decline in the completeness of the register over the past 10 to 20 years and that, first, we have to stem that decline. If we were to continue with household registration, it is likely that it would decline further. If we can work to reverse that decline and bring about a transition by which we will catch those who move around rapidly such as students and young people, we will have done extremely well.
I am sorry to press the Minister, but will he provide me with the answers to my questions?
My Lords, I am happy to write to the noble Lord in spite of the fact that he strained the patience of the House and of myself with the length of his speech.