European Union (Notification of Withdrawal) Bill

Debate between Baroness Smith of Basildon and Lord Bridges of Headley

3rd reading (Hansard): House of Lords
Tuesday 7th March 2017 Lords Chamber

[Baroness Smith of Basildon]

My Lords, I do not think that I have ever been accused of not having vigour. Yes, I agree with my noble friend that the response from the party opposite—not from all noble Lords, I have to say, but from those who particularly want to pursue a hard Brexit—is disappointing. However, not for one moment will I or my colleagues on this side of the House give up trying to get the best deal that we possibly can for the people of this country. Yes, I am very disappointed that before we had even finished voting some Ministers rushed out to tell the cameras, “We’re going to hold back—we’re not going to support this”. We need a responsible, grown-up response—a mature response—and just saying that we are going head-on for a hard Brexit does not do it. But there is a role for this House; when we pass amendments, we do not just put them in the bag and give up—we send them to the other end. I have no hesitation in saying that we should reject this Motion because our responsibility, as my noble friend agrees, is to ensure that the work that we have put into the amendments, the debates that we have had on them and the issues we have raised on them are considered by the other place.

[Lord Bridges of Headley]

My Lords, to echo the noble Baroness’s remarks, I very much hope that as a House and as a nation we can put the divisions of the referendum behind us, accept the result and turn our minds to how we can together overcome the challenges that we face as a nation. As I said at Second Reading, I voted remain, so I certainly do not dismiss concerns lightly or complacently. However, I genuinely believe that this House must respect the will of the British people and deliver on their wish to leave the European Union.

With that in mind, I am more than a little disappointed by the approach of the Liberal Democrats. It is one thing to vote for an amendment to this Bill, quite another to try and block it entirely. What of the majority of MPs who voted to give the country a referendum? What of the 17.4 million people who voted to leave the European Union? What of the majority of MPs who voted to pass this Bill without amendment? I find it pretty strange that a party that has “Democrat” in its name votes against delivering the will of the people. However the Liberal Democrats dress this amendment up, it would stop the Bill from passing, which means we cannot start the process of negotiating. I find the logic very difficult to grasp. The noble Lord seems to be saying, “Because we are not going to have a second referendum, we should not respect the views which the people expressed in the first”.

The noble Lord made commitments to this House and the nation on 20 February. He said that:

“No significant body of opinion in this House is seeking to prevent the passage of the Bill, but there is a world of difference between blocking the Bill and seeking to amend it”.—[Official Report, 20/2/17; col. 20.]


He went on to say that no one is suggesting they want to stop the Bill, and that they are not saying they want to block the Bill. Furthermore, just this morning, the leader of the Liberal Democrats said on the BBC:

“But, in the end, the majority of people voted to leave the European Union. It would be quite wrong for the Lords, the Commons or the courts to try and frustrate the will of the people. I am against that”.


I therefore find this baffling. I could go on and recite all the steps that Parliament and the Government will take to ensure that Parliament does not merely scrutinise the process of our leaving the European Union but takes major decisions. I have done so several times, but to do so misses a much bigger point on this amendment.

There are two very simple issues here. First is the integrity of a party whose Leader in this House says it will not block this Bill, then tries to do so. Second is the belief in democracy which the party claims to champion. If the noble Lord presses the amendment it will, sadly, show that the Liberal Democrats are willing to do anything to give the kiss of life to their political fortunes. I very much hope that this is not the case and that the Bill will go to the other place without further delay.

European Union (Notification of Withdrawal) Bill

Debate between Baroness Smith of Basildon and Lord Bridges of Headley

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Baroness Smith of Basildon]

The point that I was making was that they are not in the list of priorities. They may feature down the list, but consumer protection is not one of the Government’s 12 priorities.

[Lord Bridges of Headley]

The rights of consumers are very high in our minds. My noble friend Lord Balfe made an eloquent and passionate speech about the position of UK nationals in EU agencies and about the role of the agencies themselves. I absolutely repeat what I said at Second Reading: the Government would indeed like to thank all those UK nationals for the contribution that they have made and continue to make. I hope that my noble friend will forgive me if I do not go into great depth and detail now on each of the agencies—there are 16 of them. They are important and are referred to in the White Paper. We will be looking for ways in which our relationship with those agencies might continue in some shape or form.

Ireland was mentioned but not discussed in this debate. Obviously, it was debated on Monday. I shall simply repeat that we will stand by the commitments in the Belfast agreement and its successors.

I will turn first to the issue of higher education and our world-class universities, which is the subject of Amendment 29. In the White Paper, a priority is indeed for us to ensure that the UK remains the best place for science and innovation. With regard to student fee support, we of course recognise the significant contribution that EU students make to the UK’s world-class universities and have already made commitments that we will give existing EU students and those due to start courses in 2017-18 certainty with regard to both their student loans and their home fee status. This is not just for the short term but for the duration of their courses. I can also confirm that research councils will continue to fund postgraduate students from the EU whose courses start in 2017-18. It is worth noting in passing that no similar commitment has been made to UK students currently studying in other member states.

A number of noble Lords referred to collaboration and co-operation in higher education. I entirely endorse the importance of this in the years ahead. The noble Lord, Lord Bilimoria, who is not here, spoke about this. I should like to say for the sake of the entire Committee, though, that as regards Horizon 2020 and Erasmus, the Prime Minister has made clear that we will continue an agreement to continue to collaborate with our European partners on major science research and technology initiatives. There may be specific EU programmes that we want to participate in.

With regard to the Bologna process, it is important to underline the fact that this is an intergovernmental agreement among countries in the European region and, as such, it is not tied to EU membership. I can therefore assure noble Lords that UK participation will not be part of our negotiations as it will be unaffected by our departure from the EU.

Next, a number of your Lordships spoke about rights, especially on employment and equalities. In a number of areas, the UK Government have already extended workers’ rights beyond requirements set out in EU law. For example, women in the UK who have had a child can enjoy 52 weeks of statutory maternity leave and 39 weeks of pay, not just the 14 weeks under EU law. That said, and importantly, we have already made—as a number of noble Lords have noted—a clear commitment that there would be no erosion of workers’ rights as a result of the UK leaving the EU and to ensure that those rights keep pace with the changing labour market. The great repeal Bill will make provision for this legislation.

European Union (Notification of Withdrawal) Bill

Debate between Baroness Smith of Basildon and Lord Bridges of Headley

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, if we can get back to the amendment—I thought for a moment we had segued into the next debate—it is on a second referendum or ratification that I think initially sounded quite attractive to a number of noble Lords. However, when you actually look at the amendment it is flawed.

First, there is the point made about the two parts of the amendment. Paragraph (a), which says that it must be,

“laid before and approved by a resolution of each House of Parliament”,

fails to recognise the primacy of the other place. That is not how we have handled this Bill or other issues. On that point, our later amendment on a meaningful vote is a better way to judge parliamentary opinion and for Parliament to deal with this issue.

Demands for a second referendum started even before the polls closed on the first one. An online parliamentary petition called for a second referendum should the first have less than a 60% vote for either remain or leave on a 75% turnout threshold. That set a high bar and it received around 4 million signatures. We do not require that level of support for Governments; the last time we had a turnout of higher than 75% was back in 1992, nearly 25 years ago. This amendment does not seek such conditions. I agree that it would be strange to set new and different conditions for a second referendum from the first one but the point has been made previously in debates that for such a major constitutional issue to be decided by a simple majority has caused concern.

National referendums are rare in the UK. As we know, there have been three UK-wide ones. In 1975, Harold Wilson called a referendum on remaining in or leaving the European Economic Community. In 2011, during the coalition Government, we had a referendum on whether to change first past the post to the AV voting system. Then we had the EU referendum in 2016. I must confess that I am naturally cautious about politicians demanding a national referendum on an issue. If I was a cynic—of course, I am not—I would suggest that we do that rarely on a point of principle but more often because we think it will endorse a position we take and give us the result we want. However, I feel differently when there is public demand for a referendum. I accept that it is not always easy to judge that. Certain petitions and polls are not satisfactory. Yet it becomes clear over time and the polls for the EU referendum were evidenced by the turnout.

Let us look at the public support for these referendums. In the EEC referendum in 1975, 64% voted. That was probably depressed by most people thinking that it was clear the UK would remain. Some 72% voted in the referendum in 2016. Yet when we had the referendum on the voting system, for which there was no real public demand as it was politician-led, it motivated fewer than half our fellow citizens, with a turnout of just 42%. My fear now is that, with no significant public demand for a second referendum at this time, this is being seen as a campaign to challenge the result of the first referendum. That in itself creates a mood of opposition and hostility from the public.

The noble Lord, Lord Newby, reinforced that view in his speech, but in the The House magazine he said it was “implausible” not to grant a second referendum if public opinion shifts in favour of the EU. What if it shifts away and more people are opposed to the EU? Is that still grounds for a second referendum? Not according to his article. Indeed, the noble Lord and the noble Baroness, Lady Wheatcroft, spoke of having a second referendum so people could express a change of mind. That is not solely a reason to have one.

As the previous debate illustrated clearly, the coming months of negotiations will be complicated and complex. We are pressing the Government to ensure that Parliament is kept fully engaged and informed throughout the whole process, and that Parliament has the opportunity for a real, meaningful final say on the exit arrangements or deals. The noble Lord, Lord Newby, made a good point on this when he said that the Government did not want to engage with Parliament through a vote and had to be persuaded to do so by a court judgment. However, Parliament will now have to make its judgment and the MPs who do so will be accountable to their constituents. That is what parliamentary sovereignty means: taking responsibility.

I must say to the noble Lord, Lord Newby, that his logic is flawed because he and others from his party feel no need to respect the result of the referendum. The noble Lord, Lord Ashdown, just refuted this but I find that hard to accept. I do not, as the noble Baroness, Lady Wheatcroft, said, call the result the will of the people. I am not sure that referendums express that. However, there is a clear result. The noble Lord’s party said that there is no need to respect that result and voted against it in the House of Commons. It is now calling for a second referendum. Is that to be the same, to be seen as advisory, or do we just accept what a second referendum says? I find it hard to see the circumstances in which a second referendum could deal with all of the detail that would be required on the terms of an exit deal and not just be a rerun on the principle of continuing the process to leave or staying in. That is, in effect, the same as the first one.

The final judgment on the exit deal has to be very measured. It is going to involve forensic detail and it cannot just be an appeal to the emotions without hard, actual facts. In the first referendum, we saw different sides campaigning; they lobbied around the principle of staying in or leaving. I am on record as saying that I was deeply unimpressed with both the remain and leave campaigns. I have not yet been convinced that the approach of a referendum works well when dealing with the detail of negotiations over a period of two years. We have to have some faith in our Members of Parliament and in your Lordships’ House to make a serious, factual judgment on the benefits or otherwise of a final deal. I agree with the noble Lord, Lord Warner, who asked whether we trusted the Government. I have been clear that I do not trust the Government enough to wave them off for two years and come back, and that is why we have later amendments about parliamentary engagement and votes. However, there is no impediment: if, as time and negotiations progress, there is genuine evidence of a widespread public demand for a second referendum, that should be listened to, but at this stage, our priority has to be that Parliament has the final say.

[The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)]

My Lords, the House will be delighted to hear that I intend to speak briefly on this amendment, as I get the sense that many of your Lordships’ minds have already been made up on this issue. I am going to explain why the Government believe that this approach would be wrong in principle and wrong in practice. A number of your Lordships have already made a number of good points, which I will not repeat.

I begin by taking a step back to consider people’s trust in politics today. It is at a somewhat low ebb. For many people, there is a sense that too many politicians say one thing and then do another. There is a sense that Parliament is divorced from day-to-day life, and this frustration and disillusionment with mainstream parties encourage them to look to others to represent their views. This is the backcloth to the debate on this Bill and this amendment.

Let us not forget the democratic path that has brought us here. The Conservative Party promised to hold a referendum and respect the outcome. This Parliament gave people the choice of whether to leave or to remain in the European Union: a choice without caveat or condition. It was a choice that the people exercised, having been told by the Government in the leaflet sent to every household in the land:

“The Government will implement what you decide”.


The majority voted to leave, not to have a second referendum and not to think again. The people have spoken and this Bill delivers on their wish.

My first question to your Lordships is: would it help build trust in politics if we, the unelected Chamber, were to tell the people, “We did not like your first answer; please try harder”? I think not: quite the reverse. When Scotland voted against independence, what was the response from any politicians? I shall quote one:

“You have to abide by the outcome ... I don’t think re-opening old wounds would be good for Scotland”.

Those were the words of Mr Nick Clegg. Whatever the cynical machinations of the Scottish Nationalists today, I believe that what Mr Clegg said was true then as regards Scotland and is true today as regards Europe. We promised a referendum, not a “neverendum”. The government leaflet said the referendum was a once-in-a-generation decision, not a twice-in-five-years decision. We cannot keep asking the question until we get the answer that some want.

Brexit: Supreme Court Appeal Cost

Debate between Baroness Smith of Basildon and Lord Bridges of Headley

Thursday 26th January 2017 Lords Chamber

[Baroness Smith of Basildon]

To ask Her Majesty’s Government what estimate they have made of the total cost to the Government of appealing to the Supreme Court in the case of R (on the application of Miller and another) v Secretary of State for Exiting the European Union.

[The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)]

My Lords, the figures for the total costs associated with the case will be published in due course.

[Baroness Smith of Basildon (Lab)]

I live in hope. I had hoped that the welcome announcement yesterday of a White Paper might have tempted the Minister into answering my Question with another welcome U-turn today.

I want to put a serious issue to him. The Prime Minister has been clear that she will invoke Article 50 by the end of March. Given that that is a deadline of her choosing, does he accept that it would have been more open and democratic if the past two months had been used for parliamentary debate, during the delay while this has been considered by judges in the courts, rather than having the rushed process we have now?

[Lord Bridges of Headley]

I am sorry to say that I dispute the premise upon which that question is founded. The Government believed, as did a number of others—including the Leader of the Opposition straight after the referendum—that the triggering of Article 50 was a matter for the royal prerogative. That was disputed. As I said yesterday, people have a right to dispute these matters in court. The matter was taken to court and the judgment has been passed. I also dispute that the last few months have not seen parliamentary scrutiny. I have very much enjoyed coming to this House to answer Questions, give Statements and so on, and I am sure we will continue to do so.

Council of the European Union: United Kingdom Presidency

Debate between Baroness Smith of Basildon and Lord Bridges of Headley

Wednesday 20th July 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I beg leave to ask a Question of which I have given private notice.

[The Parliamentary Under-Secretary of State, Department for Exiting the European Union (Lord Bridges of Headley) (Con)]

My Lords, as I said yesterday, we wanted to discuss this issue with our European colleagues. My right honourable friend the Prime Minister had a conversation with the European Council president yesterday evening in which this matter was raised. It was agreed that the UK would relinquish the presidency as the Government concluded that it would be difficult for us to hold the presidency while prioritising our negotiations to leave the EU.

[Baroness Smith of Basildon]

My Lords, the promise to clarify the issue fairly quickly is appreciated, but I am disappointed that the Government did not seek to make a Statement to the House today. Yesterday, in response to a question from the noble Lord, Lord Cormack, the noble Lord, Lord Bridges, told us that Ministers would discuss the issue of the presidency with EU colleagues. He also said that,

“we remain a full member of the EU until negotiations are concluded, with the rights and responsibilities this entails”.—[Official Report, 19/7/16; col. 529.]

I appreciate that holding the presidency might be uncomfortable for Ministers—it might even be a bit embarrassing at times. But, as we prepare to enter into negotiations, we want to be as strong and as influential as possible to get the best possible deal and the best benefits for the UK.

The Minister gave the reason of how busy we are, and the statement from Downing Street today for not holding the presidency was that we will be,

“very busy with negotiations to leave the EU”.

Presumably, some analysis was undertaken of the costs and benefits before reaching this decision. What benefits will there be compared with what we stand to lose by not holding the EU presidency?

[Lord Bridges of Headley]

I am delighted to be back here to discuss this again in such a short time—the third time in three days. On reflection, I slightly refute the point that has been made that holding the presidency is a reflection of our full responsibilities, simply because nobody can claim that Germany or France, when they are not holding the presidency, are failing to play a full role in the EU.

European Union Referendum (Voter Registration) Regulations 2016

Debate between Baroness Smith of Basildon and Lord Bridges of Headley

Thursday 9th June 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I add my general welcome to the statutory instrument before us today. It is absolutely essential and I am pleased that the Government acted so quickly to remedy what was clearly a wrong. I hold no truck with those who criticise this, or even try to allege some kind of conspiracy whereby the website was crashed on purpose—that is absolutely bizarre. Clearly, it is right that as many people who have the right to vote are able to do so. That is crucial.

We do not yet know the reason why the crash happened. As the noble Baroness said, I think part of it will be down to those from the last-minute generation. It might also be that some people saw others in their household receive their polling cards and, realising they had not got one, wanted to go online. I would also like to think that the TV debate excited passions about the issue—but I suspect not. That is something to note in future.

I wish that this measure was not necessary and I appreciate that there was unprecedented demand on the night. That is generally accepted. However, it seems strange that there was no back-up. During the course of the website being down, it was still flashing across the TV and information was still going out saying, “Go on to the website and register now”. That will have exacerbated the problem. There was a failure of process somewhere along the line. Now is not the time to look into that, but I would like assurances that it will be looked at in the fullness of time.

The noble Lord said that no one from Northern Ireland was unable to register on Tuesday evening. How does he know that? It seems clear that, because Northern Ireland already has a form of IER, nobody was not on the register because of the transition to IER. I am just curious: how do we know that nobody from Northern Ireland tried to register on that evening?

The noble Lord, Lord Hayward, mentioned electoral registration officers. This now puts additional pressure on them. The reason for the deadline of midnight on Tuesday was to enable EROs to process all the applications. What consultation has there been with EROs and with the Local Government Association?

The Minister would think me remiss, and that I had gone soft in my old age, if I failed to raise with him an issue I raised yesterday—it seems longer—individual electoral registration. Against the advice of the Electoral Commission, the Government forged ahead with it. The Electoral Commission sent briefings to everyone in your Lordships’ House making it clear that it could not be certain that, if everybody had not individually registered by the cut-off date specified by the Government in previous legislation, there would not be people entitled to vote who were knocked off the register. Clearly, the Electoral Commission was right and the Government should not have pressed ahead. We would not be in the position we are in now if the Government had not forged ahead against the advice of the Electoral Commission. We all recognise that that measure passed only narrowly in this House. One reason the Government gave for doing so was that the boundaries review was dependent on the cut-off date being December 2015. Can the Minister tell the House today—if not, I am happy for him to write to me—how many people have been added to the register since that cut-off date? That is quite significant and would indicate whether the Government were correct to choose that cut-off date, or acted with undue haste.

At the time, the Government basically said that the names being knocked off the register were really a matter of fraud. It may well be that it was not fraud but just people who had not responded to the, in many cases numerous, requests. I doubt that everybody who was not individually registered had the nine communications and contacts that the noble Lord spoke of, but there were numerous requests and people still failed to respond. However, that is life and people do not respond to every request they get. These things can be quite difficult.

If the noble Lord can address those points, that would be helpful. As I say, we support this measure. It is essential on an issue such as this that everybody who is entitled to vote does so. I am encouraged that the Electoral Commission is now predicting an 80% turnout on the poll on 23 June. I just hope that the Government are looking at that to make sure they are geared up for it. I remember high turnouts in 1997, when some polling stations were unable to cope and closed their doors before some people had managed to vote. I hope that can be looked at to show that once people have got over the hurdle of registering, they will be able to use their vote on the day.

[Lord Bridges of Headley]

My Lords, I begin where I ended and repeat my thanks for the widespread support for this measure. Obviously, none of us wish to be in this situation but, that said, we are where we are.

I shall try to address as many of the points that have been raised as I can. If I fail to address all of them, I will obviously write to noble Lords. The noble Lord, Lord Maxton, asked about extending the date for postal votes. I am told that to do so would compromise the timing of returning such votes. I am extremely grateful to my noble friend Lord Trefgarne for what he said about the scrutiny of this SI. We are obviously in an unprecedented situation and I thank him for his support.

The noble Lord, Lord Rennard, and my noble friend Lord Hayward both raised the issue of duplicates. The noble Lord, Lord Rennard, knows a great deal about electoral matters, as does my noble friend. I do not want to get into a deep rabbit hole now but, as I said yesterday, we are considering ways in which the IER Digital Service can be enhanced. I note what the noble Lord said about these points. I am sure that we will continue to debate these matters further. The duplicates issue is one of the things this whole saga has thrown up. We need to look at it as part of the lessons learned process. I absolutely heed the points he made about the experience we have had so far. Attainers is one of these issues to which we come back again and again. I hope he will forgive me for saying that I need to get back to him on the Law Commission point. I am sorry that our minds have been somewhat distracted over the last 24 hours or so. I cannot give a full answer on that.

My noble friend Lord Hayward and the noble Baroness, Lady Smith, referred to working closely with EROs. We have been working extremely closely with EROs. As I said yesterday, we will certainly honour our commitment to cover reasonable costs. We are very grateful for their hard work. We will continue to remain in touch with them as time proceeds.

I will need to get back to my noble friend on the specific points he raised about postal votes. However, I can confirm that postal votes are opened only at the close of play of the referendum.

The noble Lord, Lord Wills, asked about promoting and communicating the decision. I thank him for the time he gave me this morning to discuss this matter. I need to remind your Lordships that obviously, the Government are prevented from publishing material that is,

“designed to encourage voting at the referendum”,

by Section 125 of the Political Parties, Elections and Referendums Act 2000. As the noble Lord knows—I mentioned it to him this morning—that provision obviously does not apply to the Electoral Commission. Since this morning, I have been in touch via my officials with the Electoral Commission, which obviously—although I put it on record again—is an independent body. I am assured that it is taking several steps today to make the public aware of the extension to the registration deadline. I have a list of things that body is doing: for example, promoting the message across social media; sharing communications and messages with regional counting officers; continuing its paid advertising promoting the EU referendum; and pointing people to the About My Vote website. The proof of the pudding will obviously be in the eating. Before I rose to speak, I looked at the number of people who are registering. That is running at about 2,000 who are online now, as far as I can see. Therefore, it is clear that the message is continuing to get out. We shall see how things progress during the evening and when the debate takes place this evening.

[Baroness Smith of Basildon]

I am sorry to intervene on the Minister but I want to check a point. It does not affect support for the regulations in any way, but he said that postal votes would definitely not be opened until after close of poll. In most elections there are two stages and, in local and general elections, the postal votes are opened before the close of poll for verification that they are valid but are not counted until the close of poll. There are numerous reports of postal votes being opened as they come in, at the verification stage. If the Minister could check that point it would be helpful.

[Lord Bridges of Headley]

I will certainly check that point and I am sorry if I have created any confusion.

The noble Baroness said that she was surprised that there was no back-up with regard to what happened. We are very clear that lessons need to be learned regarding the technology and the legislation, and what steps might need to be put in place were this kind of thing to happen again. The noble Baroness is absolutely right.

I may have misunderstood the noble Baroness’s point, but it is my understanding that people in Northern Ireland cannot register online. As regards how many people have been added to the register since October 2015, I will need to come back to her. We are not in a position to say right now, as there have been those registering in the last few days and we do not know whether those applications have been fully processed or how many duplicates there have been. She will forgive me for not going down the other rabbit hole of rehearsing all the arguments over IER and carry-forwards. I have a lot of brief that I could entertain your Lordships’ House with on this, but I simply say that I disagree with her position, I am sorry to say, on that point.

The noble Baroness also raised the very valid point of whether, given the considerable—and very welcome—upsurge in public engagement in the referendum, there will be sufficient resources at polling stations on the day. The Electoral Commission’s guidance for counting officers at the referendum makes it clear that:

“Voters who at 10pm are in the polling station, or in a queue outside the polling station, for the purpose of voting, may apply for a ballot paper”.

The commission’s guidance also states:

“Good planning and flexible staffing should minimise the risk of there being queues at polling stations”.

The guidance advises counting officers to,

“ensure that polling station staff are monitoring turnout throughout the day and providing progress reports”

to polling. This is obviously a matter for the Electoral Commission, but my understanding is that it has taken steps to prepare for this.

I have just been alerted to the fact that postal votes are opened but not counted. I think that is the point that the noble Baroness was raising. I thank your Lordships once again for their support.

Motion agreed.

EU Referendum: Voter Registration

Debate between Baroness Smith of Basildon and Lord Bridges of Headley

Wednesday 8th June 2016 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the noble Lord for repeating the Statement and for updating the House on more recent developments.

I understand that the Minister has a good memory, so I ask him to cast his mind back to 27 October last year—the date on which, against the advice of the Electoral Commission, the Government forged ahead with individual electoral registration. On that day, nearly nine months ago, he assured your Lordships’ House that,

“people have been given ample opportunity to register on the new system”.

He added:

“The Government believe that we are past the tipping point. Remember, 96 out of every 100 electors have successfully registered”.—[Official Report, 27/10/15; cols. 1123-27.]

Clearly, that is not the case because, as the Minister has just said, there were 1 million such people in the past week and 4.5 million over the past few months. We had the chaos last night of the Government’s own website being unable to cope. Does the Minister now regret persuading your Lordships’ House, despite all warnings to the contrary, to rush the introduction of individual electoral registration, on which the new constituency boundaries will be redrawn?

The deadline of midnight last night was made for a reason—and we welcome the extension. Is the Minister now satisfied that the system is robust enough to cope with any applications made between now and midnight tomorrow? Can he assure your Lordships’ House that support and resources will be provided to local government to ensure that they can process all those applications, so that nobody loses the right to vote?

[Lord Bridges of Headley]

First, I begin by thanking the major parties in both Houses for their support on where we are now. The Government are extremely grateful for that. I understand the considerable passions raised in this House last year about the move to IER and our removal of carry-forwards. I remind your Lordships why we did so. Those removed from the register in 2015 had failed to respond to nine contacts from their electoral registration officer encouraging them to register individually before 2015. Not removing them would have led to an inaccurate register, which would have distorted the boundary review, this May’s elections and, potentially, the referendum. The register used for the boundary review was, as set out in the legislation agreed by both Houses, the register as at 1 December 2015. That was following a full annual canvass, and in a general election year. It is necessarily a snapshot, and the register has always continued to change while the review is taking place.

As to whether the system is robust enough, that is a fair point. We are looking urgently to ensure that it is because, clearly, we want to avoid what happened last night. Forgive me—I have forgotten the noble Baroness’s final question.

[Baroness Smith of Basildon]

My final question was whether there were resources and support for local government to process the applications.

[Lord Bridges of Headley]

That is another fair point. We are indeed going to ensure that we cover reasonable costs for the EROs.