amendment of the law

Debate between Lord Jackson of Peterborough and Mark Harper

Tuesday 25th March 2014 Commons Chamber

[Mr Harper]

I have been very clear that net migration from outside the EU is falling, but that it is going up from inside the EU. That is why we will renegotiate and put the terms to a referendum. We trust the British people with that decision—something that the hon. Gentleman’s party is not prepared to do.

One of the most important things that we have done on the cost of living is to enable interest rates to stay low. That means that one of the largest costs for any family—their mortgage—has stayed at a very low rate. That has been incredibly important and the Labour party would put it at risk.

[Mr Stewart Jackson (Peterborough) (Con)]

Is it not a bit galling to take lessons from the Labour party on equity and fairness when, under this Government since 2010 there are 400,000 fewer workless households and 290,000 children who are no longer in workless households? That is a record that I will be proud to stand on at the general election next year.

[Mr Harper]

My hon. Friend is absolutely right.

Also on the cost of living, I am very proud that Conservative councillors in Gloucestershire, working in partnership with the Government, have delivered a council tax freeze. Council tax is one of the most significant costs for families, after their mortgage. Gloucestershire county council has delivered a council tax freeze in every year since 2011-12; Forest of Dean district council has delivered a freeze since the 2011 local election; and Tewkesbury borough council has frozen council tax for four years running. I am looking at my council tax bill. The Conservative-controlled bits of the bill are frozen. The only bits that have gone up are those that are controlled by the independent police and crime commissioner who, for the second year running, has broken his promise and put up council tax for hard-working families across my constituency. That is an unacceptable breach of his manifesto promises. I am pleased that Conservative councils, working in partnership with the Government, have kept council tax low.

In constituencies like mine, having a car is not a luxury but a necessity, so I am pleased that we have frozen fuel duty. That means that for my constituents petrol is 20p a litre cheaper at the pumps than it would have been if the fuel escalator put in place by Labour had continued. That is not a trivial matter for my constituents. It saves them £11 or so every time they fill up and it is very much welcomed.

The hon. Lady spoke about our pension reforms. I know why there is some confusion, to which the Secretary of State drew attention. I raised in the House last week at Business questions the interesting response from one of the Opposition’s key policy advisers, a man who used to advise their Social Security Secretary, the right hon. and learned Member for Camberwell and Peckham (Ms Harman). He said—and I think this is what many on the Labour Benches believe—that

“you cannot trust people to spend their own money sensibly planning for their retirement”.

He was not a lone voice. He was supported by the hon. Member for West Bromwich East (Mr Watson), who said that the Labour party must oppose our policies, and there are a number of other Labour MPs such as the hon. Member for Great Grimsby (Austin Mitchell), and the hon. Member for Aberdeen South (Dame Anne Begg), who is in the Chamber, who sounded a little confused. She was sort of welcoming—[Interruption.] She sounded a little confused about our policy. I have great respect for the hon. Lady, with whom I worked when I was in opposition as the shadow Minister for disabled people.

Immigration (Romania and Bulgaria)

Debate between Lord Jackson of Peterborough and Mark Harper

Tuesday 4th December 2012 Westminster Hall

[Mr Harper]

My hon. Friend raises a valid concern, but the evidence is that net migration from the EU has been fairly consistent. However, we keep that matter under review. If he will allow me to answer my hon. Friend the Member for Kettering, he will see that some steps we are taking may alleviate some of his concerns.

My hon. Friend knows that the Government have adopted this policy change, but we will always implement transitional controls in respect of accession countries. We have already set out plans enabling primary legislation in respect of the accession of Croatia to the EU. I will take through the House regulations coming from that legislation, which will put in place those transitional controls. We have learned from the past. My hon. Friend mentioned that the previous Government learned from their experience and made more sensible decisions.

If people from EU member countries, including Romania and Bulgaria, want to stay in the United Kingdom beyond three months once there are no transitional controls, they have to be exercising treaty rights and be here as workers, students, or as self-employed or self-sufficient people. My hon. Friend mentioned the Government being robust about enforcing that. I will say a little bit more about that in a moment.

My right hon. Friend the Home Secretary, whom my hon. Friend mentioned in terms not as complementary as ones that I would use about her, has been working with our colleagues in the European Union to crack down on fraud and abuse of free movement rights. That concern is shared by a number of EU member states; it is not just a concern of the British Government. At the Justice and Home Affairs Council in April, a road map of actions was agreed, specifically to tackle human trafficking, sham marriages and, importantly, document fraud. If we can tackle document fraud, that will help strengthen our ability to deal with those entering the UK illicitly.

[Mr Stewart Jackson]

Will my hon. Friend the Minister give way?

[Mr Harper]

If my hon. Friend will forgive me, I may take an intervention from him shortly, but I want to make some progress, given that this debate was called by my hon. Friend the Member for Kettering. I do not want to leave lots of his points unanswered.

There is more work to do with our EU partners and we will continue working with like-minded member states to move this agenda forward in the European Union.

My hon. Friend knows that the Foreign Secretary has set out plans for the balance of competences review. The Home Office will lead a piece of work next year, considering the free movement of people across the EU, including the scope and consequences of that, as part of that balance of competences review. I am sure that all my hon. Friends in the Chamber, not just my hon. Friend, will take part in that balance of competences review and ensure that their views are well known to me and the Government.

My hon. Friend set out clearly what happened when the A8 states joined the EU, so I do not need to repeat that. As he correctly said, before Bulgaria and Romania joined the EU on 1 January, the previous Government, learning from the past, decided to impose transitional controls. Such controls can be applied for a maximum of seven years and can only be maintained beyond five where there is, to use the words in the treaties,

“serious disturbance of the labour market or the threat thereof.”

We did that, listening to the advice and careful evidence taken by the independent Migration Advisory Committee. We have extended those controls to the full length permitted under the treaties.

Under the current regulations, Bulgarian and Romanian nationals have to retain authorisation from the UK Border Agency before they take employment in the UK and they must also get authorisation to take lower-skilled employment in the agriculture and food processing sectors, under the seasonal agriculture workers scheme and the sectors- based scheme. The numbers given permission to work under those arrangements have not increased over the period in which they have been enforced. Excluding SAWS, the number of Bulgarian and Romanian nationals issued with accession worker cards was 2,618 in 2011, 2,776 in 2008 and 2,097 in 2007. That has been fairly consistent.

[Mr Jackson]

My hon. Friend the Minister knows that I have a great deal of respect for him. He brings his skills to every portfolio. He has an even more difficult job now than in his previous role as the Deputy Prime Minister’s human shield. However, he is somewhat missing the point. Yes, of course, we are concerned about criminal records checks, for example, but those of us who are expressing concern about this issue are focusing on the sheer weight of numbers and the impact on the economy and the labour market. That is the key issue. Hon. Members’ greatest concerns are about the numbers, which have not been properly thought through.

[Mr Harper]

My hon. Friend mentioned his ten-minute rule Bill, as did my hon. Friend the Member for Kettering. I was in the main Chamber when he presented that thoroughly and carefully. We are considering that. I look forward to meeting him next week to talk about that and, no doubt, other issues connected to it.

To paraphrase my hon. Friend, the point is to use all the tools at our disposal. First, to put matters in context, Bulgaria and Romania may be different from the A8 countries. For example, 1.7 million of the 2.2 million Romanians who live in another EU member state have chosen to live in just two member states: Italy and Spain, notwithstanding all their economic difficulties. People can draw from that what they want; I am not making a forecast off the back of it

All hon. Members want to know that the Government want to use all the powers at our disposal. They may not be aware—this is a relatively new initiative—that we have set up a ministerial Cabinet committee, which the Prime Minister has asked me to chair, that will look at the rules on legal and illegal migrants’ access to public services and benefits, across the piece, working with colleagues across Departments. The committee will consider the pull factors, which are particularly important for EU nationals, where we do not have the same controls for those coming from outside the EU. We are at the beginning of that process, but I hope the fact that we have set it up and that it is being chaired by the Immigration Minister shows that we take these matters seriously, and I hope that that provides at least a little bit of comfort to hon. Friends.

My hon. Friend the Member for Cities of London and Westminster mentioned the operation that we have been carrying out with UKBA, working with the police, local authorities and other partners to identify EU nationals who are rough sleeping and not exercising a treaty right and, therefore, do not have the right to be in the UK. We look at enabling them to return home and, if they do not do so voluntarily, we will consider using our powers to administratively remove them.

My hon. Friend can rest assured that, where we have the power to act, we will look at using that power. We will look at the pull factors that entice people to come to the UK and ensure that things are being applied fairly, so that we are not unwarrantedly popular among our EU partners. Of course, I am sure we will return to this issue again over the coming months. I am happy to engage in debate with hon. Friends and to meet them and discuss any of their concerns. I will meet my hon. Friend the Member for Peterborough shortly. I hope that I have at least addressed some of the issues.

Electoral Registration and Administration Bill

Debate between Lord Jackson of Peterborough and Mark Harper

Monday 25th June 2012 Commons Chamber

[Mr Harper]

That is a good steer, Mr Weir. Let me make the point in passing that the 2009 Act to which the hon. Member for Vale of Clwyd (Chris Ruane) referred was not uncontroversial. We voted against it by way of a reasoned amendment because it did not include provisions on individual electoral registration. They were put in only when the Bill went to the other place, so I think we have done very well. Let me clarify what we have done. We have added to the secondary legislation and put in provisions setting out the steps the registration officer should take before insisting on a penalty and we have set out some information about the penalty, to which I shall return in a few moments.

Let me explain, as the hon. Member for Caerphilly mentioned it, that “agile methodology” is a way of developing information technology—the way it is done in the private sector—in order to avoid complicated and massive IT systems that cost a fortune, do not work and then have to be scrapped. We have learned much from how the previous Government operated; this is the way in which this Government will develop IT systems, and I think that they will be much more successful.

Picking up on the point raised by my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd), let me be clear from the beginning that we are talking about registration; we are absolutely not talking about imposing a penalty for not voting. Voting is voluntary and it will remain voluntary. While this Government are in office, there will be no proposals to change that. I am always disappointed when people do not vote, but they absolutely have the right not to, and it is our job as politicians to give them reasons for going out to vote or use their postal vote and to ensure that there is no obstacle to their doing so. If they do not vote, it will be because we have not given them sufficiently compelling reasons either to vote for us or against us, depending on their point of view. That remains the case.

It is worth setting out—it is a bit of a stand part debate, but it is relevant to the amendments—how we have arrived at this point. Members will know that it is not now and will not be in the future a specific offence not to register to vote in the first instance. The current position is that if people do not respond to the household form or, indeed, other inquiries that the electoral registration officer makes—this is the current way of getting on the electoral register—it is a criminal offence with a penalty of up to £1,000. We have no plans to change that; it will remain in place.

The question we faced with the invitation to register was whether to have a penalty. The hon. Member for Caerphilly is quite right that when the draft Bill was first published, it did not include a penalty. Several hon. Members have touched on the public policy reasons justifying a penalty. Some aspects of registration affect other people. First, the register provides the source of jurors, and it is important to have balanced juries made up of a proper cross-section of adult electors. Secondly, electoral registers can affect boundary changes—not just parliamentary boundary changes, but local ones as well, as highlighted by several hon. Members. That is why we decided it made sense to have a civil penalty, which was also in response to the Select Committee’s report and some of the evidence that was taken.

As for the amendments—the Select Committee’s amendment 33 and amendment 14 from the hon. Member for Caerphilly—regardless of the amounts specified, I do not believe it sensible to put the civil penalty directly in the Bill, as this would be better done through secondary legislation. I hesitate to correct the hon. Member for Nottingham North (Mr Allen), the Chairman of the Select Committee, but these matters are not at the diktat of the Minister. All the Bill’s powers are made by Ministers, but they all have to be approved by way of affirmative resolutions by both Houses. There is proper parliamentary control over the exercise of that Executive power.

I hope that both hon. Members will withdraw their amendments; as I said, it is not appropriate to put the figures directly on the face of the Bill rather than implement them through secondary legislation. As for how we get to the figure for the penalty, I am afraid that the hon. Member for Caerphilly is going to remain disappointed for today, as I do not propose to pluck a figure out of the air. The process we want to adopt is one that we have done all the way through—we are going to listen to people. We have explained how we will go about this. We think that the analogy with parking fines is sensible. The hon. Member for Caerphilly observed that there was a range of parking fines across the country, but the range is fairly narrow. A parking fine is not £500; it is about £40 at the lower end and £130 at the higher end.

There are some good arguments in favour of setting the fine at the higher level, for instance to reflect the importance of the matter and to ensure that it is a proper deterrent, but there are also arguments in favour of setting it at the lower level. Unlike the £1,000 fine issued by magistrates who can take into account the circumstances of voters—both the extent to which they believe them to be culpable and their financial resources—this will be a fixed penalty. It should also be borne in mind that although the criminal penalty involves a maximum fine of £1,000, the fines that are actually issued are usually much lower. During the 2011 canvass, the London borough of Hounslow successfully prosecuted 10 people for not providing the information required, but the average fine issued was £125. That was because magistrates were able to take various factors into account. This penalty will be fixed throughout the country, and when it is issued it will not be possible for the electoral registration officer to alter it.

We have listed a number of factors that should guide the arguments in favour of a higher or lower level, given broadly the same range as that which applies to parking fines, and we will do some targeted work with our stakeholders and consider their responses. I suspect that some will favour a reasonably high number for encouragement purposes, while others will be a little concerned about the potential impact.

I have listened carefully to the arguments that have been advanced today. I think that the hon. Member for Caerphilly’s proposal is at least in the ball park of the parking fine system, while the figure suggested by the hon. Member for Nottingham North on behalf of his Select Committee is rather on the high side. We will draw our conclusions, and Members will be able to see what we have come up with.

I should also say, in response to a point made by both the hon. Member for Caerphilly—who referred to the impact assessment—and the hon. Member for Nottingham North, that this is not the first course to which electoral registration officers should resort. We do not want them running around the country handing out fines like confetti; indeed, in an ideal world we would not want fines at all.

Those who receive parking fines can usually reduce them by paying promptly, but they cannot reduce them to zero. In this instance, everyone who incurs a civil penalty—and we hope that the number will be no more than the 100 a year or so who incur criminal penalties—will be able to reduce the amount to zero by registering to vote. If they register as a result of incurring the penalty, the electoral registration officer will be able to waive it. The purpose is to persuade people to register, not to issue fines. The Bill will prevent registration officers from keeping the money, so that they are not tempted, and so that people do not think that they are issuing the fines in order to use them as a revenue generation exercise, which would be just as bad.

We will specify—and have set out in draft regulations—what registration officers must do. They must issue the invitation, send reminders and send a door-to-door canvasser, and they must be satisfied that the individual has received the invitation and still resides at the address involved. Only when they have done all that can they tell people that they will issue a notice, and that if they do not register after that, a penalty will be incurred.

[Mr Stewart Jackson (Peterborough) (Con)]

The Minister touched on an important point earlier. He will know that some London boroughs, in particular, have given parking attendants an incentive to issue tickets by offering payment by results. Will he include in secondary legislation a methodology that would preclude such activities in areas where the level of registration is usually low in the first instance, so that there is no incentive to fleece the taxpayer?

[Mr Harper]

I am not sure whether my hon. Friend was present when I said this, but we have included in the Bill the important provision that any revenue from fines does not go to the ERO and is not kept by the local authority. It must go to the centre. The purpose of the fines is to encourage people to register to vote, not to generate revenue for local authorities. Therefore, the process of issuing a penalty will come with a cost to, and a burden on, the local authority. We do not want this to become a means of revenue generation for local authorities, as some people think is the case in respect of parking and speeding fines. I am confident our proposals strike the right balance.

Electoral Registration and Administration Bill

Debate between Lord Jackson of Peterborough and Mark Harper

Wednesday 23rd May 2012 Commons Chamber

[Mr Stewart Jackson (Peterborough) (Con)]

Will my hon. Friend give way?

[Mr Harper]

I will finish my point about the civil penalty, then I will take an intervention from my hon. Friend the Member for Peterborough (Mr Jackson).

The Bill provides that after a registration officer has followed any specified steps and an individual has not made an application, he can require them to do so. If at that stage they fail to do so, he can impose a civil penalty. The intention is that only those who refuse repeatedly can be fined. We do not think it would be particularly helpful to democracy if we fined hundreds of thousands of people, so we expect the number of fines levied to be similar to the number of prosecutions at present. Nor do we want to create a financial incentive for local authorities to use fines as a revenue-raising measure, so any moneys collected—[Interruption.] I hear one of my hon. Friends chuckling, but one or two local authorities have been known to do such things, so any moneys collected will be paid back to the Exchequer through the Consolidated Fund.

[Mr Jackson]

I agree with the compromises that my hon. Friend has made on the opt-out and the civil penalty. I am sure he agrees that people’s propensity to register for elections is a function of societal change as much as anything else. The Electoral Commission has stated:

“Recent social, economic and political changes appear to have resulted in a declining motivation to register to vote among specific social groups.”

That is associated with

“changes in the approach to the annual canvass…as well as matters of individual choice and circumstances (such as a decline in interest in politics).”

Surely we need to concede that some people do not want to register because they are not interested in the process.

[Mr Harper]

We do. The main impact on an individual who does not register to vote is the rather obvious one that they lose their opportunity to vote and have their say in how their country is governed, but there are also some public policy reasons why we want people to register to vote. One reason is to ensure that there is a complete register for the purpose of boundary changes, and another is that the electoral register is used as the pool for jury service. We therefore want to ensure that it is as accurate as possible.

My hon. Friend is right that is up to Members and to people involved in politics of all descriptions to motivate people to register to vote and then use their vote. The use of the vote will, of course, remain sanction-free. It will be entirely up to people whether they use their vote.

--- Later in debate ---

[Mr Stewart Jackson (Peterborough) (Con)]

I like the hon. Member for Caerphilly (Mr David), but I fear that spending too many evenings in parliamentary Labour party meetings has made him quite paranoid, given that the previous Government advanced the same substantive proposals for individual electoral registration in Northern Ireland and that the consultation document that was published in 2005 was followed by the Northern Ireland (Miscellaneous Provisions) Act 2006, which gave rise to individual electoral registration in Northern Ireland. Neither we nor anyone else accused those measures of being rushed through. The hon. Gentleman must be the first Front Bencher to argue against the substantive proposals of the previous Government. The bigger question is why the integrity, autonomy and authority of the electoral register should be more important in Northern Ireland than in England, Wales and Scotland.

[Mr Harper]

I would have made this point to the hon. Member for Caerphilly (Mr David), had he shown the generosity of spirit that I did. Given his complaints about the diminishing register and the risks involved, would my hon. Friend like to consider why the Electoral Commission’s research showed that in 2000, under the previous Government, 3 million people were missing from the electoral register and that by 2010, just after they had left office, the figure had risen to 6 million? If there is a party in the House that has shown itself to be a past master at driving people off the electoral register, it is not the party on the Government Benches; it is the party opposite.

[Mr Jackson]

The Minister makes an astute point. In 2001, the year in which the hon. Member for Caerphilly entered the House, the English electorate numbered 37.3 million. By the end of Labour’s second term, in 2005, the figure was 37.1 million. So Labour did not push up registration rates in an increasing population either.

I take with a pinch of salt Labour’s protestations and faux outrage. We have argued for many years that overseas voters should also have the right to be registered, and that active steps should be taken to achieve that. That point has also been made by the hon. Member for Caerphilly’s erstwhile right hon. Friend the Member for Rotherham (Mr MacShane). However, that did not happen during the 13 years of the previous Government. Indeed, they more or less ignored services voters, despite many people from military constituencies saying that that was an outrageous and egregious oversight.

--- Later in debate ---

[Mr Jackson]

We are making specific proposals. I think that the hon. Lady is tarrying with the wrong person. I saw the huge resources that were devoted to investigation of postal vote fraud by the Cambridgeshire constabulary—who, as far as I know, received little if any help from the Government of whom the hon. Lady was a member—between 2004 and 2008. It took four years for Operation Hooper to complete its investigation, which resulted in the imprisonment of, I believe, five individuals—two of them Conservative and three Labour, as it happens—following the European and city council elections in the central ward of Peterborough in June 2004.

We cannot say that we should not bother about this because we have no proof that it happens. It does happen, it is costly, it undermines the very basis of democracy in this country, and we should ensure—as I believe the Bill does—that the correct procedures operate to ensure that it does not happen in the future. The hon. Lady may wish to reconsider her rather lackadaisical approach to the integrity of our electoral system.

One proposal with which I strongly agree, although I do not think that the Government have gone far enough, is the proposal in clause 19 to allow police community support officers into polling stations. I think that if there is a missed opportunity in the Bill, it is our failure to consider the serious problem of personation and intimidation at polling stations. We saw that in Tower Hamlets earlier this month, and we have seen it too often in Peterborough. I must not major on Peterborough’s central ward, but it is the one that I know best. In that ward we have four polling stations. About half a dozen members of the Cambridgeshire constabulary and mobile CCTV are required at each of them because of the issue of personation, of which there have been cases in Peterborough.

We are not going far enough in looking again at the Representation of the People Act 1983, because the power of the presiding officer inside the polling station remains extremely limited. If the hon. Member for Mitcham and Morden were to go into a polling station in Mitcham and Morden and say she was Elvis Presley and that name was on the electoral register, the polling clerk would have very little power to say, “Actually, you’re not Elvis Presley. You’re our esteemed local Labour MP for Mitcham and Morden.” That is not satisfactory. The legal test for proving that the hon. Lady is her good self, rather than Elvis Presley, is very difficult. We have missed an opportunity to look again at that issue.

In closing—which is what the Whips are imploring me to do—may I make two quick points? I have concerns about the removal of the co-ordinated online record of electors—CORE—database. I have no interest in promoting national ID databases—I voted against identity cards—but the Minister must tell us how successful he has been in removing the difficulties of duplication, which have frequently arisen. CORE ameliorated that, but it is no longer in place.

On a slightly mischievous note, this morning on the ConservativeHome website my hon. Friend the Member for Bournemouth West (Conor Burns) made a point about clause 18 and allowing a parliamentary candidate standing on behalf of two or more parties to use a registered emblem of one or more parties. Can the Minister assure me that there is no hidden agenda in that, and that it is just a helpful way to assist Labour and Co-operative party representatives to get elected in their seats?

[Mr Harper]

I am happy to be able to give my hon. Friend that assurance. There will not be coalition candidates at the next election; there will be separate Conservative and Liberal Democrat candidates. I must say, too, that the attitude of Labour Members is a bit depressing. The only reason why we are making this change is that when the Labour party was in office it could not draft legislation properly and inadvertently “cocked it up”, to quote the hon. Member for Rhondda (Chris Bryant). Because of that, and because we are fixing what is largely a problem for Labour and Co-operative Members, one would think they could be slightly less churlish.

[Mr Jackson]

Finally, let me say that the data-matching projects are very useful, but in Peterborough’s case they resulted in merely a 54.7% matching rate. More work needs to be done in the second tranche, and sufficient resources must be allocated, as this will be the bedrock of individual electoral registration.

I thank the Minister for his detailed and comprehensive remarks. The Bill is excellent. It restores integrity, honesty and transparency to the electoral system. That is long overdue. The previous Government should have done this, but it has been our new Government who have taken this courageous step, in order to make sure we can all have faith and trust in the system that puts us here and puts councillors in their seats. That adds to British democracy.

Parliamentary Voting System and Constituencies Bill

Debate between Lord Jackson of Peterborough and Mark Harper

Tuesday 15th February 2011 Commons Chamber

[Mr Harper]

No, I think that the decision should ultimately be made by the elected House, which is why I will ask hon. Members on both sides of the House to disagree with the Lords amendment. I hope, following the logic of my hon. Friend’s argument, that he will support the Government in the Lobby.

[Mr Stewart Jackson (Peterborough) (Con)]

Does the Minister acknowledge, as we are facing a considerable and potentially irreversible constitutional change, that a precedent has been set by the Scotland Act 1978, which made provision for a turnout threshold? That was among the reasons why the then Labour Government subsequently foundered, following the withdrawal of support by the Scottish National party. So a precedent has already been set for a turnout threshold.

Prisoners (Voting Rights)

Debate between Lord Jackson of Peterborough and Mark Harper

Tuesday 11th January 2011 Westminster Hall

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

It is a pleasure to serve under your chairmanship, Mr Benton. I congratulate my hon. Friend the Member for Kettering (Mr Hollobone) on securing the debate, particularly on getting it as a kind of reserve option, and thank him for his generous remarks at the beginning of his contribution. As ever, of course, he and I will not fall out, even if we end up disagreeing. I would like to take the opportunity, as everyone else has, to wish all hon. Members a happy new year, although that does seem rather a long time ago.

I shall set out what the Government have announced and then try to deal with as many of the questions as I can. I will respond to questions which I believe are of interest to as many people as possible, and write to hon. Members about those that remain which I can not answer at this point. I will place a copy of the letter in the Library so that Members can see the Government’s responses.

It is worth starting with a bit of background because hon. Members have mentioned it—I will get through this quickly. We have already mentioned that some prisoners—those on remand, for example—have been able to vote for some time. The bar on prisoners who are serving a sentence dates back to 1870, and successive Governments have maintained the position that those who have broken their contract with society by committing an offence and are imprisoned should lose their right to vote.

My hon. Friend the Member for Kettering opened the debate in a perfectly helpful way by quoting my right hon. Friend the Prime Minister, who made it clear that he does not want to make this change. To be frank, it is not something that I want to do, and I believe that many Government Members would rather not do it, but we do not have a choice. We have a legal obligation. To answer my hon. Friend the Member for Shipley (Philip Davies), the proposals are not a sop to anyone. The European Court of Human Rights made a ruling in the Hirst case, and we are legally obliged to comply with it.

It is worth reminding ourselves what the Court actually said in the Hirst case. It said that the existing bar on convicted prisoners—the blanket ban—was contrary to article 3 of Protocol No. 1 of the European convention on human rights. I believe that my hon. Friend the Member for Hendon (Mr Offord) referred to Mr Hirst. Although the ruling was given in his case, under the proposals that we will put before the House, he would not have been entitled to vote when he was in prison because he committed a serious crime and was sentenced to a lengthy term of imprisonment.

We in this country seem blessed—that is not really the right word. The most odious criminals appear to be the ones who run off to the European Court of Human Rights. Another odious criminal who took the Government to court—the judgment was announced before Christmas—also had been convicted of serious crimes.

The Government are following three principles in their approach. The first goes to the point made by my hon. Friend the Member for New Forest East (Dr Lewis). We have to meet our legal obligations, but we want to go no further than that. Secondly, we want to ensure that the most serious offenders are not given the right to vote. That is why we did not say that there would be no line, that the limit would be entirely up to judges. We want to ensure that there is a line, so that anyone above that length of sentence would not be able to vote. We recognise that the most serious offenders should not be able to vote.

[Mr Stewart Jackson]

Will the Minister give way?

--- Later in debate ---

[Mr Harper]

Let me make a little more progress. I am conscious that Members have raised many questions, and I want to try to deal with some of them rather than stack up new ones.

The third principle is to prevent the taxpayer from having to pay successful claims for compensation. One of the problems we have is that even if the compensation in an individual case is not significant, we in this country are blessed—again, that is probably not the right word—with lawyers who are assiduous, if there is money on the table, in running around and getting lots of people to sign up for cases under no win, no fee rules. Various Members have mentioned that there are already 2,500 cases pending. One can be certain that if there were a successful case for compensation, lawyers would quickly go around prisons to sign up prisoners for legal actions on the basis that there might be £1,000 compensation on the table. The Government would be faced with thousands and thousands of cases. We estimate that compensation in an individual case might be around £750 to £1,000, but multiply that by the thousands and thousands of prisoners who would bring cases if there were money on the table, and we would be looking at significant sums for the taxpayer. The one thing that would be worse than making these changes in the law would be giving hard-earned taxpayers’ money to some of those criminals. I shall take my hon. Friend’s question.

[Mr Jackson]

I thank the Minister for that explanation, but his argument would carry much more weight if Frodl v. Austria had been the last substantive case in the European Court of Human Rights on this issue. The ruling was very prescriptive and said, in effect, that the majority of prisoners had to have the vote. However, it was not the last case. As I made clear earlier, the last case was Greens and M.T. v. the United Kingdom, and paragraphs 112 to 114 of its ruling specifically made it clear that the Government had a range of options on which they could consult. It is not a question of the Government having to comply with the arbitrary limit of four years; that simply is not true.

[Mr Harper]

My hon. Friend makes a helpful point by referring to the Greens and M.T. judgment. This comes down to what several Members have said about whether we have the option of doing what the previous Government did, which was nothing. I am afraid that we do not. In that judgment, the Court gave the UK Government six months from the date that the judgment becomes final to introduce proposals. I can say to the hon. Member for Rhondda (Chris Bryant) that there are various ways of dealing with it, but the Government will introduce primary legislation in the House. That should deal with questions raised by several Members, including my hon. Friend the Member for Wellingborough (Mr Bone), who is a member of the Backbench Business Committee. Proposals for primary legislation will be put before the House, and Members will have an opportunity to debate them fully. We will not try to think of a different way to implement the judgment, but we want to ensure that we have a debate in the House.