Representation of the People (Northern Ireland) (Amendment) Regulations 2025

Monday 20th January 2025 Grand Committee

Considered in Grand Committee

18:44

Moved by

[Baroness Anderson of Stoke-on-Trent]

That the Grand Committee do consider the Representation of the People (Northern Ireland) (Amendment) Regulations 2025.

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, these regulations will ensure that those who remain eligible to be registered on the electoral register but did not respond to the last electoral canvass can remain registered while attempts are made to contact them. Strengthening and encouraging participation in our democracy is an essential part of a strong democracy, which is why this Government committed to doing so in our manifesto.

It may be helpful to provide some context. In GB, the annual canvass requires most registered individuals simply to confirm that their circumstances have not changed in order to remain on the register. However, in Northern Ireland, there is no annual process; rather, the independent Chief Electoral Officer—the CEO—is required to conduct a canvass at least every 10 years. This requires all eligible individuals to respond by completing a full new application form or risk being removed from the register.

All registered individuals who fail to complete a new application are removed from the register at the end of the canvass period unless, having cross-checked their registration record with other government data, the CEO is satisfied that the entry remains valid. In these circumstances, under the existing law, the non-responder can be retained on the register, becoming a retained elector for up to three years.

Under the existing legislation, and following the last canvass in 2021, there are 87,000 retained electors—around 6% of the total electorate. Without the changes in this statutory instrument, they will all be removed from the register on 1 February 2025. The CEO’s assessment is that almost all of these retained electors remain eligible to vote. The view of the CEO and the Electoral Commission is that this loss of otherwise eligible electors would negatively impact the quality of the electoral register in Northern Ireland and potentially disenfranchise electors. The Government agree with this assessment.

To avoid this outcome, these regulations extend the retention period from three years to six years. Crucially, they provide a framework to audit the retained electors annually. It also stipulates the required engagements needed to encourage re-registration. We are satisfied that the extension from three years to six years is reasonable; additional data is available to the CEO, and improvements in data science since the legislation was made mean that the data is of a much higher quality than it was when the canvass retention provisions were previously set. The CEO has made it clear that he has full confidence in the quality of the data available to him, and that this provides him with confidence in determining eligibility in terms of both retention and, where warranted, removals. This instrument provides a framework for these engagement processes to take place.

The CEO will for the first time be required to conduct a residence audit every year to check the residence details of retained registrants against the external data streams available. The CEO regularly checks and verifies entries on the register against the external data to which he has access. These regulations will formalise the process in respect of retained electors and will set out the steps to be taken to encourage re-registration. Where the audit raises a question as to residence at a registered address, a removal warning notice must be sent.

If an elector does not re-register within 28 days of a notice, they will be removed from the register where, on the basis of the audit, the CEO remains satisfied no further action will be taken in years 1 to 3. In years 4 and 5, where the CEO is satisfied that retained electors remain resident, they will be sent a household notice showing which electors in the household must re-register or risk removal. They will not at this stage be removed. Given that three years have already elapsed since the 2021 canvass, the current retained cohort will start this new framework in year 4 and be subject to the provisions relating to years 4 to 6 of the scheme.

I turn to final year notices. In the sixth and final year, all remaining retained electors will be sent up to three notices informing them that, if they do not re-register, they will be removed. If they fail to respond, they will be removed from the register. This is in line with the primary legislation, which is clear that non-respondents may not be retained indefinitely.

The central purpose of these processes is to ensure that reasonable efforts are made to prevent the loss of eligible electors from the register. The CEO and the Electoral Commission have supported the development of this framework; I thank them for their engagement. His Majesty’s Government will work hard to strengthen our democracy by encouraging participation in the democratic process. These regulations are a first step towards that.

I beg to move.

[Lord Hayward (Con)]

My Lords, I thank the Minister for her introduction. I note that within it she observed that the processes for registration differ between Great Britain and Northern Ireland. That is for specific reasons in terms of the system, which is somewhat different in Northern Ireland from that applying in Great Britain. However, the process suggested here is substantially more elongated than what would apply within Great Britain. I can understand why this is, given the difference in processes, but I am not convinced that it is absolutely necessary so to do. I am not against these regulations because, given the circumstances, they make sense, but I am making a comparison with Great Britain.

I understand that there is a capacity to register online. At the last general election, 3 million people across the whole United Kingdom took advantage of that, only for half of them to be told that they were already registered, because there is no read-only access to the electoral roll in this country. I am talking here about the United Kingdom and commenting on a decision of the previous Government. It is striking that they would not introduce read-only access to the electoral roll, despite the fact that in Ireland they have one and it only cost them £6 million. There are alternatives in tackling the issue of people who do not respond.

The route which has been gone down of accessibility, with the capacity for individuals to register online for elections, is one we should give serious consideration to. I know there are alternatives such as automatic registration, which is being considered and advocated. I am not convinced of that route. While I can understand why this is being proposed in these circumstances, it would be sensible if we acknowledged—across the whole of the United Kingdom—the position whereby people can register simply for an election and then participate. They are the people who will be willing to participate. We are asking for a fairly lengthy and costly process to be undertaken, when people who fail to respond are more likely to be those who do not participate in elections anyway.

I have made a few brief comments in broad terms, contrasting the processes in Great Britain and Northern Ireland. I understand why this is being done on this occasion but online registration is a much better system, from which we could all operate.

[Lord Rogan (UUP)]

My Lords, on behalf of the Ulster Unionist Party, I would welcome some clarity from the Minister on two aspects of these regulations.

First, we are keen to know how many checks the Government expect the Electoral Office to carry out on individual voters to ensure that they are genuinely resident in a Northern Ireland household before giving them a vote. It is a simple fact, and one which some noble Lords may not be aware of, that we currently have people living in the Republic of Ireland but with a registered address in Northern Ireland, often that of a relative. Not only does this give them a vote in Northern Ireland; it also allows them to register with a GP and receive free National Health Service care in the Province, courtesy of the British taxpayer. This situation has been allowed to develop because the Electoral Office seems simply to take the word of those who complete the canvass forms, without conducting any additional checks. Can the Minister advise the Committee how His Majesty’s Government intend to address this situation, which I am sure she will agree is unacceptable?

Secondly, in our view, the application process for absent votes is open to serious abuse. As the Minister will be aware, to obtain a postal or proxy vote under these regulations, the applicant will need a digital registration number and their national insurance number. However, those details are now in the possession of some of the political parties standing for election in Northern Ireland, with few checks on their signatures. What assurances can she offer us to counter the very real threat of votes being stolen or misused under these rules?

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank my noble friend the Minister for presenting this statutory instrument and declare an interest as a member of the Secondary Legislation Scrutiny Committee of your Lordships’ House.

Elections are undoubtedly fundamental to our democracy, no more so than in Northern Ireland, where I have participated in district council, Assembly and Westminster parliamentary elections. They are fundamental to strengthening our democracy and, as the noble Lord, Lord Rogan, referred to, they have also been subject to abuse. Some of our political parties in Northern Ireland, along with their candidates, have been subjected to that abuse through voter fraud. That area requires further investigation.

I support this SI because it provides an opportunity for the retained voters—some 87,000 people—to remain on the register for a further three years. However, I exhort those people, after all the hard work that political parties do, to ensure that they have contacted the Electoral Office for Northern Ireland headquarters in Belfast to verify their presence and say whether it is actual or not. What level of consultation has taken place with political parties regarding the retained electors and the welcome extension? What is the breakdown among the 18 constituencies in Northern Ireland?

In further legislation, statutory photographic voter identification needs to be made tougher and, maybe, more transparent, as some of us who were candidates found to our cost. People who wanted to vote at a parliamentary election in June 2017 told me that they had turned up at 7 am with their proper identification, but their votes had already been taken by others. How did that happen when there was photographic ID? There needs to be greater protection against electoral fraud.

While I welcome and participated in online registration, I would like to find out what percentage of the electorate take up online registration and how successful it has been in the make-up of the register. Bear in mind that some people are transient and move from one house to another; they are entitled to vote, but there is a need for an exhortation to them to clarify their position directly with the Electoral Office for Northern Ireland to prevent electoral officers having to do this type of work.

I would also support any attempt in forthcoming legislation to lower the age of voting from 18 to 16, because I believe that that would build a democratic base among young people in understanding the role of politics in our society.

[Lord Elliott of Ballinamallard (UUP)]

My Lords, every vote counts. That is one of the things that we hear regularly coming up to an election, particularly in Northern Ireland. I am well aware of that because, in my former constituency of Fermanagh and South Tyrone, at one stage an election was won by four votes. When it went to court, three votes were excluded, so it was won by one vote. I have been in contests with very narrow margins.

Quite a lot of illegal activity goes on at election time in Northern Ireland, believe it or not. One case concerned a polling station in Garrison, County Fermanagh, which was kept open for an extra 20 minutes by a group of supporters of a political party to allow their people to get in and provide extra votes for their candidate.

19:00

We need to get these things right, and I appreciate the Minister for bringing forward legislation that can assist in any way. I understand the remit of this legislation, in that a number of people fall off the register, as we term it; they just do not reregister. I understand the reasons. As the noble Lord, Lord Rogan, indicated, many people will use it, and use the option of registering in Northern Ireland to get a vote, but also to access other services such as the National Health Service.

However, we need to be careful that we do not leave it so open that it is open for abuse. The one aspect that concerns me is that we take the word of the people who fill out the canvass forms. Not enough checks of details are carried out to ensure that people live where they say they live and are resident at that address. I would like to see much more of that happen, with people employed to enforce it and ensure that it happens.

If noble Lords will bear with me, I want to quickly mention two aspects that are not included in this legislation, but that I would like to see at some stage. First, I would like to see an exclusion zone around polling stations, because voters and electors are intimidated going into polling stations in Northern Ireland. Secondly, we need to address the issue of polling agents who sit in the polling booth on behalf of parties and take information out to their supporters, who then go rounding up people who have not voted. That is a fact that we have reported on a regular basis, but nothing is done about it. Until something is done in legislation, we will not have progress.

[Lord Murphy of Torfaen (Lab)]

My Lords, I support this statutory instrument. It is very important that we try to ensure that as many as people as possible vote in Northern Ireland, and indeed the rest of the United Kingdom—

[Lord Elliott of Ballinamallard (UUP)]

Legally?

[Lord Murphy of Torfaen (Lab)]

Legally—I will come to that in a moment. Therefore, these regulations are absolutely right. We need to ensure that turnout is up, and that people vote and are encouraged to vote. I am quite attracted by the suggestion of the noble Lord, Lord Hayward, about the increased use of registering online, which is very sensible in this digital age. However, I agree with noble Lords who have spoken about the difficulties one encounters in Northern Ireland because of fraud and intimidation.

One of the first shocks I had when I became a Minister in Northern Ireland was to meet with the—very famous—chief electoral officer, who announced the referendum result in 1998. He came to my office in Millbank with a suitcase, which he plonked on my desk. He opened it up, and there were between 200 and 300 votes, every one of which was illegal. Obviously, we knew that this was going on, but to have it from the horse’s mouth, so to speak, concentrated the mind.

The noble Lord, Lord Elliott, was right about the closeness of results in Northern Ireland, not just for the general election but for local government elections and elections to the Assembly. Often, the complicated PR system over there, STV, means that in many cases it literally comes down to single figures. Clearly, there are people elected to public bodies in Northern Ireland who should not be because of the system that I have just described.

I agree with what has been recommended to us, but I ask my noble friend the Minister to keep an eye on developments in Northern Ireland and to work with the chief electoral officer to ensure that we are increasingly aware of fraud and intimidation and that we have a healthy system of democracy in Northern Ireland—one which, as I said earlier, we can improve so that people are voting, the turnout goes up and we get a true representation of what people feel.

[Baroness Suttie (LD)]

My Lords, this has been an interesting short debate that strayed a little beyond these regulations, here and there. I thank the Minister for her introduction and the Electoral Commission for the briefing it provided ahead of this debate. I shall be extremely brief.

We support these regulations and see them as a necessary short-term fix to ensure that we do not lose the 87,000 electors from the register. However, I hope the Minister will accept that we probably have to revisit comprehensive, long-term reform of the electoral registration process in Northern Ireland. It is now essential that we modernise the system, perhaps especially ahead of the next scheduled canvass in 2030. Could the Minister say whether the Government intend at some point to introduce automatic or automated voter registration, whether they intend to use enhanced government or local government datasets for a more targeted canvass in Northern Ireland and whether they intend to incorporate electoral registration into other public service transactions to improve efficiency and accessibility?

I agree with the questions asked by the noble Lord, Lord Hayward, and the noble Baroness, Lady Ritchie, to get a government response on the increased use of online registration. It is an extremely important point and I look forward to the Minister’s reply.

As other noble Lords have said, confidence in the accuracy and completeness of the electoral registration processes in Northern Ireland is a key part of the democratic process. This measure, although a short-term fix, is important to allow 87,000 electors not to fall off, but I hope that we will look at this more comprehensively in future.

[Lord Caine (Con)]

My Lords, I am grateful to the noble Baroness, Lady Anderson of Stoke-on-Trent, for setting out the terms of this statutory instrument and to noble Lords from both Northern Ireland and Great Britain for their contributions. As the noble Baroness made clear, the purpose of these regulations is to extend the retention period for electors in Northern Ireland and to retain these electors on the register for an additional three years, bringing the period to six years in total. The regulations also introduce an annual audit of these retained electors, including measures to contact them in an effort to encourage them to reregister.

At present and without this measure, as has been mentioned, it is expected that approximately 87,700 retained electors will be removed from the register on 1 February. While the Opposition obviously support these regulations, does the noble Baroness agree that this is quite a significant number and that we are justified in asking why such a large group of eligible voters is at risk of being removed from the register on this date? The regulations offer a framework for auditing and engaging these electors, but this still raises questions about whether enough is being done to prevent the unnecessary disenfranchisement of the electorate.

The noble Baroness will be acutely aware of the history of elections in Northern Ireland and that, as a number of noble Lords have pointed out, they have not always been without controversy. It was due to widespread concerns over fraud that, some 20 years ago, the last Labour Government introduced individual voter registration in Northern Ireland, and I commend them for doing so. I merely wish that they had been more supportive of our efforts in Great Britain to deal with electoral misdemeanours and fraud in the previous Parliament. Even more recently, despite the efforts of the last Labour Government and others, there have been serious allegations of vote rigging.

I was interested to hear the noble Lord, Lord Elliott of Ballinamallard, refer to Fermanagh and South Tyrone. He will be aware that I was actively involved in the election campaign in 2010 in Northern Ireland, when the candidate agreed by my party, the Ulster Unionists and the Democratic Unionists lost to Sinn Féin by a mere four votes. The noble Lord will also recall that a number of photocopied ballot papers mysteriously turned up at polling stations shortly before 10 o’clock that evening.

The noble Baroness, Lady Ritchie of Downpatrick, also referred to vote stealing. She will remember that in the Foyle constituency in 2017, Sinn Féin defeated the former leader of her party, Mark Durkan, by a mere 169 votes, I think it was, there were again many serious allegations of vote stealing. As far as I am aware, these were investigated and no evidence was found, but the suspicions remain very widespread, and the noble Baroness was right to raise them.

Despite the progress that has been made in tackling fraud, the need for vigilance remains, not least when a number of constituencies in Northern Ireland are much more marginal than they might have been in the past. Indeed, I think around half of the constituencies in Northern Ireland are held by majorities of under 6,000 these days. This highlights, as the noble Lord, Lord Elliott, said, the importance of every vote, and we must ensure that no eligible voter, particularly in closely contested areas, is unfairly removed from the register and that retaining people on a register for longer periods does not increase the scope for fraud. While the extension of the retention period may provide flexibility for electors who are unable or unwilling to respond in a timely manner, it could also open the door to exploitation. The longer individuals remain on the register without reconfirmation of their eligibility, the greater the risk that ineligible individuals could be made, either deliberately or inadvertently, to vote fraudulently.

Can the Minister therefore reassure the Committee how the Government, working with the chief electoral officer, will ensure that the retention of electors for up to six years does not create opportunities for fraudulent activity? Are there sufficient safeguards in place to prevent ineligible individuals from being added to or retained on the register, particularly if they have not been adequately contacted or if the audit process has not been thorough enough?

My final point touches on issues raised by the former Secretary of State, the noble Lord, Lord Murphy of Torfaen, and my noble friend Lord Hayward regarding voter turnout, which in 2024 was down by four percentage points to just 57% of the electorate, which is very low. Again, can the Minister assure us that this is an issue that the electoral office takes very seriously and that every effort will be made to boost turnout across Northern Ireland? My noble friend Lord Hayward made some very sensible suggestions regarding online registration, and so on, to boost turnout next time for both Stormont and Westminster elections.

On that note, I will finish, but I reiterate that the Opposition support the regulations before the Committee this evening.

[Baroness Anderson of Stoke-on-Trent (Lab)]

I thank all noble Lords for their thoughtful consideration and input, as ever when we discuss matters pertaining to Northern Ireland. Building confidence in our electoral system will help strengthen engagement in democracy and, in turn, strengthen democracy. I am therefore pleased that we have been able to discuss the statement. With regard to some of the specifics raised, I will go in order; noble Lords will have to bear with me as some of them made similar points. I hope to be able to respond to everybody.

For the information of the noble Lord, Lord Hayward, Northern Ireland has an online register checker that allows people to establish in minutes whether they are already registered, which I think is incredibly helpful. Many of his questions were slightly outside the scope of these specific regulations. However, I would very much welcome an opportunity to meet the noble Lord, along with my officials, to discuss some of his suggestions in detail—especially as the Government are looking at how to review this measure in terms of a UK-wide solution and next steps. I assure the noble Lord that we are using all the tools at our disposal, as is the chief electoral officer, to encourage sign-up and engagement. Obviously, the world has changed significantly since this legislation was originally done, so we must ensure that we have the opportunity to engage appropriately with all potential voters.

19:15

On the questions asked by the noble Lord, Lord Rogan, the Chief Electoral Officer for Northern Ireland is clear that he conducts rigorous checks on individuals seeking to register there. The identity of applicants is checked against the most up-to-date DWP register. In addition, the Electoral Office uses local and national government data to check that the applicant is resident at the address on the application. If the data does not support the application, the Electoral Office seeks additional supporting documentation before reaching a decision on whether to add the applicant to the register. The Electoral Commission’s report on the Northern Ireland register shows it to be 84% complete and 86% accurate—an improvement of 10% since 2018 and one of the highest levels since the Electoral Commission began monitoring UK registers.

My noble friend Lady Ritchie and the noble Lord, Lord Rogan, asked about absentee votes for Northern Ireland. The reality is that the checks are the most stringent in the whole of the UK. As in the rest of the UK, applications are checked to ensure that the name, address and national insurance number of the applicant is valid. Requiring the digital registration number is a further level of security check that does not exist elsewhere. The signature on the “return to postal vote” pack is required to match that on the application. If anyone has evidence of abuse of the absent vote process, it should be provided to the police—although, as we have just heard from my noble friend, a suitcase full of votes may require a slightly different conversation to be had.

I assure my noble friend Lady Ritchie that this is an administrative measure. The CEO is confident about our next steps and does not hold the view that changing the rules is required. Prior to the general election, the CEO engaged with the previous Government, as did the Electoral Commission; this delegated legislation was developed with the UK Electoral Commission and the CEO at their instigation. Engagement with political parties was led by the Electoral Commission but if there are any concerns among parties with which noble Lords have relations, I would be more than happy to have those conversations.

I thank my noble friend Lady Ritchie for her question on the breakdown of constituencies; she may be aware that this was raised in the other place when it debated this issue. We are looking to work with the Electoral Commission now to see whether that data can be made available. I will update noble Lords in due course. However, I do not have a figure for how many people have used online registration to register to vote. That is a fantastic question; I hope to have the answer in due course—I say that before I give my civil servants a nervous breakdown in trying to get it. We will see what we can do for my noble friend.

My noble friend Lady Ritchie also raised the issue of voting at 16. She will be aware that it was a manifesto commitment of the Government that we will extend the franchise to have votes at 16. This will require primary legislation; we look forward to bringing that forward within this Parliament. Obviously, it will apply to Northern Ireland. I look forward to working with my noble friend Lady Taylor—the Minister to my right. She will be engaging with us on it, and with colleagues from across the House as we look at the impact on Northern Ireland.

Electoral fraud was raised by many colleagues. I assure the Committee that the Government, the Chief Electoral Officer and the Electoral Commission are all clear that there is no current evidence of organised electoral fraud in Northern Ireland. Recent research by the Electoral Commission suggests that public confidence in the electoral system is growing. That is not to say, however, that we are unaware of the specific concerns people have raised. We will continue to do everything we can to strengthen the electoral system and give confidence.

On the question asked by the noble Lord, Lord Elliott, my noble friends Lord Murphy and Lady Ritchie, and the noble Baroness, Lady Suttie, online registration was introduced in Northern Ireland in 2018. More than 80% of all electoral registrations in Northern Ireland now come in via the online system that serves the whole UK. Northern Ireland also now has an online register checker, as I previously stated.

Colleagues asked a further question on the Northern Ireland canvass, whether it is currently outdated and why we have not reformed it yet in line with Great Britain. The reform of the Northern Ireland canvass will require primary legislation. It will take time to get right, particularly in light of the changes to the franchise that I mentioned earlier, which will allow 16 and 17 year-olds to vote. This delegated legislation is a sensible intermediate step to give us time to consider the best model for the Northern Ireland canvass in the future, before we get to 2030.

I think it is fair to say that both the noble Lord, Lord Elliott, and I have been on the wrong side of election night. There are several of us in this building who have, but my heart goes out to those who lose an election by one vote. As the noble Lord, Lord Caine, referenced, seats are becoming increasingly marginal, both in Northern Ireland and further afield, as we have seen from the size of majorities in recent elections. We have to do everything to make sure that every vote counts and that people see the value in voting. As I said earlier, I re-emphasise the datasets that are available to ensure that data is relevant. It is DWP data for Northern Ireland, social housing data from the housing executive, primary healthcare data and access to government and public sector data. That should give some reassurance about how people can register to vote.

On intimidation at polling stations, noble Lords will be aware that the review of what happened at the last general election is under way, protecting democracy. This was not just a matter of events in Northern Ireland; there has been intimidation at polling stations up and down the country, in different communities including my own. In 2017 one of my polling stations was locked and sealed to prevent people voting, so this is not a matter that pertains just to Northern Ireland. It is something that those of us who care passionately about the values of democracy will need to remedy.

On the specific question raised by my noble friend Lord Murphy and his suitcase, I assure him that we are working with the CEO to stop fraud and intimidation, and we will do everything that they believe is appropriate for us to move forward.

I have answered the questions on automatic voter registration. That will be part of a wider debate.

On the question from the noble Lord, Lord Caine, about why so many people are falling off, 6% of people would be expected to fall off the register if we did not adopt this statutory instrument. We can all appreciate that it is a challenge to get people to fill in physical papers when they believe they are already eligible to vote. We have to look at how we can communicate with people in a way that works and suits them, and I am convinced that that is what the CEO is seeking to do.

The noble Lord, Lord Caine, asked: does this not mean that Northern Ireland will be retaining ineligible people on the register? Existing provisions set out that, where the chief electoral officer is able to accurately assess, using local data, that a non-responder is eligible to be on the register, they will be retained. We are using this retention period to ensure that the register is as complete as it can be, while also undertaking regular checks. We look forward to working with all colleagues in Northern Ireland to deliver a democratic electoral process that they can be confident in and proud of.

[Lord Hayward (Con)]

Can I make two observations? First, I thank the Minister for her generous offer of a meeting to have further conversations on the issues I raised. Secondly, I observe for the Committee in general that, when I was the MP for Kingswood in Bristol, an eight year-old female came to visit the House of Commons with her mother. I am pleased that the guided tour I gave the now Minister was so successful in interesting her in politics that I have the honour of sitting opposite her, asking her questions and accepting her invitations. In conclusion, I just wish that she had listened to my influence on that guided tour rather than her mother’s, which may have decided why we are sitting on opposite sides of the table.

[Baroness Anderson of Stoke-on-Trent (Lab)]

I thank the noble Lord and I am grateful to my mother for the values that she gave me.

Motion agreed.

Committee adjourned at 7.25 pm.