Political Parties, Elections and Referendums (Civil Sanctions) (Amendment) (No. 2) Order 2014

Lord Kennedy of Southwark Excerpts

Tuesday 1st July 2014 Grand Committee

[Lord Wallace of Saltaire (LD)]

My Lords, the Political Parties, Elections and Referendums Act 2000—PPERA, as we all love to call it—was amended in 2009 to give the Electoral Commission certain investigatory and civil sanctioning powers. Those powers were given effect by the Political Parties, Elections and Referendums (Civil Sanctions) Order 2010, as a result of which the Electoral Commission is able to apply civil sanctions against the criminal offences established in PPERA. The full list of criminal offences that have been so prescribed is available at Schedule 2 of the order, but includes offences such as incurring election expenses without authority, exceeding campaign expenditure limits and failing to record donations appropriately.

The draft order before the Committee for consideration seeks to extend the list of offences prescribed in the 2010 order to reflect changes recently made by the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. I am sure that noble Lords are already aware that Part 2 of that Act amends the non-party campaigning provisions of PPERA. The 2014 Act introduced certain entirely new controls that non-parties must comply with if they wish to campaign during election periods. A non-party’s failure to comply with these new controls currently constitutes a criminal offence. The new controls are limits on targeted expenditure and requirements for weekly donations reports and a statement of accounts.

However, the Act did not provide that the Electoral Commission could impose civil sanctions for breaches of these new rules. Under the Act, a breach of these rules would be considered a criminal offence only. However, the Government believe that a civil sanctioning power in respect of the new offences created by the 2014 Act should be made available to the Electoral Commission. This would be in line with the existing approach to the other offences in PPERA. To enable the Electoral Commission to apply civil sanctions to the new offences created by the 2014 Act, an amendment to the original 2010 order is required, which is what this draft order does.

I will make one further point, which is that it is not proposed that civil sanctions should apply to all the new offences created by the transparency of lobbying Act. Those offences known as “false declaration” offences are not prescribed by the 2010 order, and the order under consideration today does not amend this. False declaration offences are those where a person knowingly or recklessly acts in a way that contravenes the legislation. It is appropriate that such offences remain liable only to criminal prosecution, and the Government do not therefore intend to prescribe the new false declaration offences created by the 2014 Act either.

I assure noble Lords that the regulator, the Electoral Commission, has of course been consulted on the order. The commission supported the policy intention of making civil sanctions available for these offences. If the Motion is agreed, then the order will be made and come into force on 19 September. That is the start of the regulated period for non-parties campaigning in the 2015 parliamentary general election. I beg to move.

[Lord Kennedy of Southwark (Lab)]

My Lords, I thank the noble Lord, Lord Wallace of Saltaire, for introducing the order. I say at the outset that we fully support it and I shall not detain the Grand Committee for long. Civil sanctions are a good way of dealing with breaches such as those listed in the order. I was until recently a member of the Electoral Commission, and saw at first hand how civil sanction powers helped make sure that breaches by the parties were dealt with more effectively.

The only thing I would say to the noble Lord is that these powers must be applied proportionately. In some cases, there may be mitigating or aggravating circumstances when dealing with issues. So far, the commission has been good at dealing with them proportionately. I have heard of many cases in which parties gave good reasons for what had happened and were dealt with fairly. I remember one party—which has no representation whatever in either House—that would not comply in respect of its accounts. An official dealt with that party very skilfully, and the powers of sanction were helpful in getting it to comply and file its accounts properly.

I shall leave it there. I am very happy to support these measures. All I would say is that proportionality is important, and the Government should always keep that under review when dealing with the commission.

[Lord Wallace of Saltaire]

I thank the noble Lord for that. I remind him and anyone else who may read this that the legislation was aimed at the non-party campaigners that have registered in the past two elections. This order gives greater flexibility to the Electoral Commission, which we entirely agree is a well organised and well functioning organisation.

Voluntary and Charitable Sectors

Lord Kennedy of Southwark Excerpts

Thursday 26th June 2014 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, first, as other noble Lords have done, I thank the noble Baroness, Lady Scott of Needham Market, for putting down this Motion for debate today.

Secondly, as I intend to make reference to work taking place in Lewisham, I bring to the attention of the House that I am an elected councillor in Lewisham and that it grant funds a number of organisations in the borough. I also refer noble Lords to my declaration of interests in respect to the charitable and voluntary organisations I am a member of.

Also at the start of my contribution I pay tribute, as have other noble Lords, to work done all over the United Kingdom by the charitable and voluntary sectors. They provide an excellent example of how strong our civil society is and how valuable volunteering and charitable work is to life in the United Kingdom today, as my noble friend Lord Judd referred to.

It is no exaggeration to say that whole areas of policy development, practical delivery of solutions, work on community cohesion, the solving of problems on the ground and making things better could not happen without the charitable and voluntary sectors. It is true to say that they were doing that job long before the words “the big society” were ever mentioned.

We can trace the roots of the charitable and voluntary sector back to the Age of Enlightenment and the beginnings of charitable and philanthropic activity. Clubs, societies and mutual organisations began to flourish in England. In 1741 Captain Thomas Coram, appalled by the number of abandoned children living on the streets in London, set up the Foundling Hospital to look after these unwanted orphans in Lamb's Conduit Fields, Bloomsbury. This was the first such charity in the world and served as the precedent for incorporated associational charities everywhere.

I was pleased to see today that the Charity Commission released the independent research conducted on its behalf by Ipsos MORI, and that it showed that public confidence in charities remains at a high level and that only the police and doctors are trusted more. It was interesting to read that people wanted charities to explain exactly what they had achieved and 96% of respondents wanted charities to provide the public with information about how they spend their money, as the noble Baroness, Lady Barker, highlighted. It is certainly important for charities and the wider voluntary sector movement to be very transparent, clear how money is being spent, and to be able to demonstrate that they are providing good value for money.

The voluntary and charity sector movement is funded in a variety of different ways. It may be of interest to noble Lords to know that donations from the public to charitable causes was at 57% in 2012, which equates to 29.5 million adults donating on average £29 each. In recent years, donations have remained around that figure, with perhaps some divergence from it. In Lewisham, where I was recently elected to the council, the authority has managed to maintain a grants budget, which this year is £5.9 million, and work undertaken by the authority estimates that every £1 in grant funding brings in an additional £4 of external investment and earned income to the borough. In 2012-13 the authority commissioned £32 million-worth of services from the voluntary and charity sector. Other noble Lords, in particular the noble Baroness, Lady Scott of Needham Market, and my noble friends Lady Pitkeathley and Lord Judd, explained exactly the added value that the charity sector brings to its local community. The sector receives funding from a variety of sources, which include individual donations, grant aid, tax and other reliefs where eligible, legacies, targeted campaigns and donations for businesses, in addition to being commissioned to do work.

You cannot always quantify the value and work of the charity sector in money terms alone, and in some cases it may be impossible to do so. That was illustrated for me a couple of years ago, when I attended a reception in your Lordships’ House that was hosted by my noble friend Lady Smith of Basildon for the then WRVS—now the RVS—where we heard from some of its volunteers. One man told us that he had a great volunteering job. He took his elderly friend shopping twice a week, and they always stopped off in the pub for a pint on the way home. It is hard to quantify what he was doing in pure monetary terms, but he was helping his elderly friend to live independently in the community he had lived in for many years, to maintain his contact with the outside world, to go to his local pub and meet his friends. That volunteer was able to check that his elderly friend was looking after himself, and if necessary he could alert the relevant authorities if he thought there were issues that needed attention.

Many other organisations and people provide a similar function in keeping people connected with their local community. I have seen for myself excellent examples of this from faith groups such as the Overend Methodist Mission in Cradley and the wonderful Ackroyd Community Centre in Crofton Park, with its Elder People’s Support Project. That is a linchpin of the local community there and does just the sort of things that my noble friend Lady Pitkeathley highlighted in her contribution. The devastation caused by loneliness and isolation is difficult at any age but is particularly difficult when you are elderly, as my noble friend Lady Turner of Camden highlighted. Although I said that it is hard to quantify in monetary terms some of the work the charity sector does, you could come up with an estimate of the additional cost to the state if the voluntary and charity sector did not undertake those vital tasks that I have just outlined.

I have also seen at first hand the detailed policy work that is undertaken and how that informs government thinking. There are the grants some charities make to enable cutting-edge medical and other research to take place, and the work the sector can do to bring about changes to government policy by mounting effective campaigns and producing evidence-based research. Diabetes UK, along with other charities, did that very effectively with the campaign it ran to ensure that children with long-term conditions can expect to get an agreed minimum level of support at school. That enables children to remain at school and learn with their friends, and not find themselves excluded through no fault of their own. The noble Lord, Lord Storey, on the Lib Dem Benches, along with many other noble Lords, will recall the debates we had on that during the passage of the Education Act in the previous Session.

When charities and the wider voluntary sector run campaigns they can be very effective, and sometimes irritating to other interest groups, politicians and Governments. However, all noble Lords will be aware that charity campaigning has changed lives for the better. For example, a coalition of 200 UK charities and faith communities came together and formed the Enough Food for Everyone IF campaign, which secured commitments from the G8 leaders to provide funding for global initiatives to tackle child malnutrition and clamp down on tax avoidance.

However, I caution the Government to be very careful; just because they do not like something that an organisation is saying, it does not follow that it is running a political campaign. They should not get themselves into that position. If there are problems with recently passed laws, I hope that charities will write to the noble Lord, Lord Finkelstein, and take up his invitation. Local government in general has a very strong commitment to the voluntary and charity sector. In Lewisham we have found it important to maintain a strong independent sector that can act as a critical friend to challenge public sector policy and delivery. We recognise the key role the sector plays in building civic participation, providing a voice for seldom heard residents and providing community intelligence to the authority, as the right reverend Prelate the Bishop of Derby highlighted in his contribution. There is also a recognition of the great diversity of the sector and the need always to ensure that you are engaging with small and emerging groups as well as large and established ones. In addition, there is a recognition of the sector’s potential to take risks and innovate and of the fact that the voluntary and charitable sectors have been key delivery partners for a wide range of targeted initiatives.

As the right reverend Prelate the Bishop of Derby highlighted, in these times of austerity and cut-backs the voluntary and charitable sector has seen increased demands for its services and has had to deliver more with less, absorbing costs and meeting the challenges it has been presented with. The social sector tracker published by the Association of Chief Executives of Voluntary Organisations highlights the perfect storm that the sector faces. It also identified that 61% of charities argued that central government policy had a damaging impact on their work, as opposed to the 15% who cited a positive impact.

In responding to this debate, can the noble Lord tell the House what has happened to the big society? It was a big theme in the Conservative manifesto and is in the coalition’s programme for government. The Prime Minister told us in February 2011 that it was “his absolute passion”, but today it has vanished, swept under the carpet, never to be mentioned again—except by opposition spokespersons who ask, “What happened to that once-key initiative?”. Can the noble Lord confirm that the Government are willing to listen to suggestions about how we can further support the sector?

Yesterday, when I saw the reports of Wonga’s disgusting behaviour and how it treated some of its customers, I wondered whether there was a way that any fines imposed on it or other financial institutions that broke the law or regulations could be ring-fenced and invested in supporting the credit union movement or charity sector work on debt relief. I hope that the noble Lord will take that away and respond to it as well. In conclusion, I again pay tribute to the work of the voluntary and charity sectors in the UK and thank the noble Baroness, Lady Scott of Needham Market, for enabling this debate to take place today.

--- Later in debate ---

[Lord Wallace of Saltaire]

I am satisfied that it has all the powers that it needs. The Charity Commission is now very stretched. Its budget and therefore its staff were cut. Digitisation would help a great deal to make it easier for the Charity Commission to do its job, but the role of the Charity Commission is an issue that I know the new chairman and the new chief executive wish very much to take up with Members of both Houses of Parliament, and I encourage others to take that further.

On the question of regulation, I have been the trustee of two musical charities which dealt extensively with children, particularly primary school children. I am conscious that a certain degree of regulation is useful and necessary for charities. That is another argument that we will continue to have in this respect. On the international role of charities, the noble Earl, Lord Sandwich, touched on the problem of Greenpeace in India. It is not only a problem for India or for Greenpeace. Those of us who follow what happens in Russia, Sudan, Nigeria or Saudi Arabia know that the foreignness of some non-governmental organisations is something that those concerned with sovereignty have great concerns about. We do our utmost to support both those working for voluntary organisations and those working for civil society organisations in more authoritarian countries. I am not suggesting that India in any way is authoritarian but there are many other countries in which this becomes more difficult. That is one of the issues with which the Government are concerned and with which Foreign Office embassies are much concerned.

I am conscious that it would be impossible to cover everything in this debate. I merely want to thank the noble Baroness, Lady Scott, for introducing it, and all those who have contributed. I say yet again that this is the sort of debate that this Chamber does well. The future development of the voluntary sector is an extraordinarily important part of maintaining an open society and an open democracy. It is an issue to which this House should return regularly.

[Lord Kennedy of Southwark]

I made some remarks about the disgusting activities of Wonga and suggested that maybe the fines levied on it and other companies could be used for charitable activity in the credit union movement or the financial sector. Will he confirm that he will write to me on those matters?

[Lord Wallace of Saltaire]

I would be happy to write to the noble Lord. I should, of course, have said that the whole credit union movement, with which I know the noble Lord is much concerned, and the role of the churches in supporting the credit union movement are classic examples of how valuable our voluntary sector can be.

Representation of the People (Supply of Information) Regulations 2014

Lord Kennedy of Southwark Excerpts

Monday 16th June 2014 Grand Committee

[Lord Tyler (LD)]

My Lords, I apologise to my noble friend as I missed the first few sentences of his introduction. I am moved to make a contribution only by the remarks of the noble Lord opposite. I wish to congratulate the Government on what I think has been an extraordinarily successful exercise. They have made huge progress. Many of us who have attended debates in this very Room over the past seven or eight years on this issue have been filled with foreboding that such an important but nevertheless rather dramatic change to our electoral registration system might have some major problems. It would seem that, on the whole, those problems have been dealt with most effectively. I think that it is only right that your Lordships’ House should express its appreciation and congratulations to the team within the department, which has worked so hard to make this a success, together with those in other parts of the administrative system, notably the Electoral Commission.

I have just one question for my noble friend. He made brief reference to paragraph 8.10 of the draft Explanatory Memorandum, which includes the question of whether the transition period might be extended. I think that I understood him to say just now that that decision can be taken only after the general election by whatever new Administration come to power. I would be grateful if he could just clarify that because, if there is any change in the transition programme, it is important that we know in good time, well in advance, that any such change might take place. However, I think that I understood him to say just now that that could take place only after the general election in May 2015.

[Lord Kennedy of Southwark (Lab)]

My Lords, I have only a very few comments to make on these regulations. As they stand, we support them because they will allow political parties to assist in promoting IER. One general point that I make every time that I stand at the Dispatch Box in the main Chamber is my concern about the people who are not registered to vote—at least 6 million people. Nothing I see coming from the Government ever deals with that. The Minister gave a figure of 85%, up from 75%. Is that 85% of the people who are presently registered, so that even more than 6 million people will not be registered? I want to hear more from the Government about what they will do about those people, because I do not see much for them at all.

I do not share the optimism expressed by the noble Lord, Lord Tyler, about how it is all going so well. The situation has certainly improved but I am also very well aware that there were some serious problems at the start. I know that from my membership of the Electoral Commission and elsewhere, so things have improved. Whatever Government are in power after next year will have to think very carefully about how to introduce this. If it is not perfectly right, we will have to extend the period to allow people to come on to the register, because it is really important that we allow our citizens to get registered properly. If there is a risk of more people being left out, it is not good practice.

Could the Minister also tell us a little more about the thinking of the Electoral Commission on how we are getting on with this process? I am very pleased that the Government have involved political parties, as they are crucial to getting this right, but I would like to know a bit more about the attitude of the Electoral Commission to the role of political parties.

[Lord Wallace of Saltaire]

My Lords, I thank the noble Lord for his comments, but I am not sure that I can say with confidence what the attitude of the Electoral Commission is to political parties. They play a very obvious and important part in all of this. I am informed that a minor political party is something like the rate payers’ association in a local authority, the south Somerset independents, or whatever. Anything else that is nationwide is a national political party. Political parties have a very important role to play in democracy. One thing that I deeply regret about the current state of British democracy is that the membership of all major political parties has fallen. That worries all of us, and we all wish to turn it back.

We recognise that there are a number of people who are not on the register, and the Electoral Commission’s research demonstrates that the strongest reason for that is that people want nothing to do with politics and not much to do with the state if they can avoid it—apart from receiving benefits in a number of instances. We have a severe problem of political alienation. When I saw the latest audit of political engagement produced by the Hansard Society, which has only 24% of citizens between the ages of 18 and 25 thinking that politics has any useful connection with their own lives, that is a real problem for all of us. It suggests that we have to work particularly hard at getting young people to re-engage with politics.

[Lord Wallace of Saltaire (LD)]

That is one of the reasons why we hope that online voting will make it more attractive to them. I also think there is a case for encouraging more activity by all parties and by all Members of both Houses of Parliament, on a cross-party basis, to make sure that as we approach the next election young people are re-energised to take part in politics because they are, on the whole, switched off. We have a very large problem here, but there are a number of things that we can do about it. I have no doubt that the noble Lord, Lord Maxton, will be going out to many schools across his patch to energise them. I am told that the pick-up among 16 year-olds in schools in Scotland has been good and that registration is much higher than expected. That is partly because something is coming up which immediately involves them.

On ID cards, I look forward to many continuing conversations with the noble Lord, Lord Maxton. We had a Question this afternoon on digital information, digital sharing and digital privacy. The Government intend to publish a White Paper before the end of this year with clauses for a draft Bill on data sharing and data privacy. There are some very large issues here which all of us who remember the ID cards debate are scarred by. The intention of the White Paper will be precisely to try to float a more informed debate about the trade-offs between privacy and data sharing and how we address that. We have to change the legislation in this area because different departments have different legal frameworks for the collection, use and sharing of information. That is therefore a question to which we will return.

In response to the noble Lord, Lord Tyler, the transition timetable does allow for the decision on whether to carry on or to delay has to be taken by the incoming Government and Parliament. These are all failsafes to make sure that we have the maximum amount of confidence by all concerned in the transition to individual electoral registration. I hope I have managed to answer all the questions.

I have become more and more committed to a successful transition. It was something that the previous Government set out on. We recognise that there are bound to be a number of problems, but so far the transition has gone much better than some of us were initially confident about, but nevertheless we have some way to go. I again flag the problems of making sure that attainers—the rising 18 year-olds—are fully on the register. We will be returning with further instruments as we go forward just to make sure that we utilise every single possibility to maximise registration.

[Lord Kennedy of Southwark (Lab)]

We seem to be raising the same points again and again. One day I would like the Minister to say from the Dispatch Box that the Government are determined to have fewer people not registered under IER than were not registered before so we are going to bring in the AEA and council leaders and work with them to make sure that it happens because with all the investment and changes, if we end up with 7 million or 8 million people not registered to vote, that would be terrible. We must get to a situation where we have fewer people not registered to vote. While some people may not want to be registered, I do not believe for a moment that all of those 6 million people out there are saying that they do not want to be on the register. I think it is about how we engage with people at local authority level, at the government level and at all levels, and that includes the political parties. I hope that when the Minister brings the instruments to us over the next few weeks and months, he will be able to give us some good news on the lines that I have outlined.

[Lord Wallace of Saltaire]

I had hoped that I was bringing good news. Of course political parties have a significant contribution to make to this. We know who the vulnerable groups are. They are young people, people who move regularly, people in private rented accommodation and people who are out of a job. They are the groups who are least likely to be registered. People like me who have been living in the same house for a long time are almost always on the register. We have to concentrate on the vulnerable groups as well as we can. I am happy to say that evidence from the National Citizen Service courses—something which our Conservative colleagues in government are enormously enthusiastically about, but I must admit I was a little sceptical at the outset—appears to show that the 80,000 15, 16 and 17 year-olds who have taken part in NCS courses are much more enthused because they think they know how to participate in local communities and therefore also how to register to vote. It is a range of activities of that sort that we all have to be engaged in. I stress again that the Government cannot do it all and that civil society has to help. The Government have already provided some £4.2 million to various civil society groups for this effort. We all need to work together. I very much hope—as I know the noble Lord, Lord Kennedy, does—that that the outcome is that some of those 6 million people who we are missing will register in the transition and that we will gain rather than lose as we make that transition.

Scotland: Independence

Lord Kennedy of Southwark Excerpts

Monday 16th June 2014 Grand Committee

[Lord Kennedy of Southwark (Lab)]

My Lords, I join other noble Lords in putting on the record my thanks to the noble Lord, Lord Purvis of Tweed, for securing this debate today. It is a timely opportunity to explore what plans the Government have for further devolution in the UK following a no vote in the Scottish referendum on 18 September, fewer than 100 days away. I should say at the outset that I am a supporter of the Better Together campaign and very much hope that Scotland votes no. It is a decision for the people of Scotland and we will respect that decision, but for me it is unthinkable that Scotland would not be part of the union of nations that has been so successful in these islands, a union into which I was born and where nations stand together as equals.

It is also a matter of regret that because no one has been appointed to this House from the Scottish National Party—I am well aware that that is a decision of that party—we fail to have its arguments put up for debate. I would say to the Government that there are individuals who are not members of the SNP who would put the nationalist viewpoint and be excellent Members of this House. I am thinking in particular of the second presiding officer of the Scottish Parliament, the right honourable Sir George Reid, who I had the privilege of serving with on the Electoral Commission for four years. He would be a welcome addition to your Lordships’ House.

In the five minutes I have to speak in this debate, it is impossible to touch on all the implications for Scotland, Wales, Northern Ireland and the English regions, as well as London, but I shall make some brief remarks that I hope are helpful. I agree with my noble friend Lord Foulkes of Cumnock that the debate and the period after the referendum should be conducted with respect for other people’s views. It is unfortunate to see that that is often not the case for so-called cybernats. They often rain abuse down on people and that is totally unacceptable.

Devolution in the nations outside England has been a great success. The institutions are accepted, are growing in strength and are gaining new powers as they mature, which I very much welcome. I agree with the comments made by the noble Lord, Lord Purvis of Tweed, about the framework of principles and a conference for a new union. The report by a commission of Scottish Conservatives, headed by the noble Lord, Lord Strathclyde, is an important document. It highlights for me that the Conservative Party has embraced and accepted the Scottish Parliament and devolution, which is not something that it was always known for. The case for a further transfer of power is unstoppable whether you call it devo-max, devo-plus or something else.

Although I have lived and worked in many parts of the UK, London is where I was born, and it is my home. My noble friend Lady Adams rightly said that the West Lothian question has to be answered by people living in England. The noble Lord, Lord Maclennan of Rogart, was right when he talked about the need to improve our constitution and the equitable treatment of our people. I was recently elected as a Labour councillor in London. Although the structure has changed since I was last a councillor 20 years ago, in terms of the powers exercised by a London borough there has been no dramatic change. That is the position in the rest of England as well. It is a real problem that whichever Government come to power after next May will have to address.

In its report, Raising the Capital, the independent London Finance Commission recommended a modest devolution of five property taxes to London government to allow it to invest in the infrastructure needed to underpin the capital’s future growth. This would give London control of approximately £12 billion per year, an increase of only £5 billion per year on what it presently controls. London government and the Core Cities Group also came together to call for this important devolution for all of England’s great cities. This is something I very much support.

In replying to this debate will the noble Lord, Lord Wallace, set out what plans the Government have to make it clear to people living in Scotland that quickly and without question there will be further devolution of powers to the Scottish Parliament? Will he also comment on how the Government could underpin the Scottish Parliament to make it impossible for there not to be a Scottish Parliament, as outlined by the noble Lord, Lord Purvis of Tweed? Will he tell us how the Government are going to address the deficit of devolved powers that people living in England presently have to live with? Does he see the devolution of power to England only through local government, as it is at present? What is his position on unitary local government for England, as called for by the noble Lord, Lord Heseltine, in his report on searching for growth, as opposed to the patchwork local government we have in England at present? Does he think the case for regional government or regional assemblies in England is dead or could it be brought into the debate on governance and devolution in England?

I am sorry that I do not have time to make further points, but this has been an excellent debate initiated by the noble Lord, Lord Purvis of Tweed, and I thank him for it. The noble Lord, Lord Wallace, has many things to reply to.

Coalition Government: Constitution Committee Report

Lord Kennedy of Southwark Excerpts

Tuesday 13th May 2014 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

My Lords, like other noble Lords who have spoken in this debate, I start by congratulating the Constitution Committee on the production of this excellent report and, in particular, by paying tribute to my noble friend Lady Jay of Paddington. She has been an excellent chair of the committee and will be an extremely hard act to follow. This is one of a number of roles that my noble friend has undertaken as a member of your Lordships’ House with the usual calm, efficient and knowledgeable approach that she brings to all the tasks she undertakes. I know that she is highly respected and admired by Members on all Benches. I first got to know and work with my noble friend Lady Jay many years before I joined your Lordships’ House and it is a privilege to call her my noble friend.

As I said in my opening remarks, this is an excellent report and a very timely one. The first coalition in more than 70 years and the first peacetime coalition in 79 years was formed in 2010 between the Conservative and Liberal Democrat parties. I have always been of the opinion that the coalition would serve out its full term. I never treated with any seriousness the reports that it was about to implode, collapse or disappear, so essentially I agree with the comments of the noble Baroness, Lady Grender.

While it may be wrong to say that it was uncharted territory, it was certainly territory that had not been navigated for a very long time. All the players involved in earlier discussions had left the pitch. I have some sympathy for the Liberal Democrats and the position that they found themselves in. They have certainly paid a heavy price at the ballot box in the local elections following the general election of 2010, as voters have shown their displeasure at some of the policies they have pursued with their coalition partners. If we look abroad, it often is the junior partner in a coalition that pays a heavier price in subsequent elections. None of us has crystal balls or can see into the future but, as the report points out, the growth in votes and seats for parties that are neither Labour nor Conservative has increased from 10 seats and 10% of the vote in the 1950s to 86 seats and a third of the vote in 2010. The trend is clear; if it continues further coalitions are possible and perhaps even very likely. Our constitution and the way that government and Parliament react and adapt to change is a matter that needs to be kept under review. This report is an important part of that review. It has been interesting to hear from noble Lords who were involved to differing degrees in the discussions to form the coalition and, in the case of my noble friend Lord McConnell, on the formation of the coalition with the Liberal Democrats in the Scottish Parliament.

I will now address specific parts of the report. My opinion is that there should be no fixed time for agreement to be reached between coalition partners but discussion should be concluded as soon as possible. A rushed agreement that struggles will not produce good government and will set up the Administration to fail from the outset as the realities of government come into play. The noble Lord, Lord O’Donnell, made important points in respect of that as did the noble Lord, Lord Norton of Louth.

On fixed-term Parliaments, I agree with the evidence given by my noble and learned friend Lord Falconer of Thoroton when he suggested that five year fixed-term Parliaments were too long and that four years was more in tune with the natural rhythm of our electoral cycles. I agree also with the comments made by the noble Lord, Lord Butler of Brockwell. The contribution on the last year of Parliaments by the noble Lord, Lord Tyler, was very interesting, as there is concern across the House that all the extra time off we have had recently affects the ability of the House to hold the Government properly to account. The Government need to respond to that point.

When I look back to the time of the formation of the coalition, I recall the press being camped outside Parliament on College Green and outside party headquarters—certainly outside the Conservative and Liberal Democrat headquarters. At that time I was working at the Labour Party headquarters and it was a bit quieter there. It was new for everyone in 2010. If the general election next year results in a hung Parliament I hope that more informed briefings are provided so that the media can report more accurately on what actually is going on rather than endlessly speculating on what might be going on. I accept fully that that is much easier to say than to deliver and that the media like speculation, but it is important to keep citizens informed as far as possible with accurate information and to give them reassurance that things are under control and procedures remain in place to ensure stability.

I very much agreed with the report when it looked at the duty of an incumbent Prime Minister to remain in office until a successor who can command a majority in the House of Commons is identified. That could be described as the final duty of an incumbent Prime Minister: ensuring stability, enabling discussions to take place and facilitating the transfer of power in an orderly fashion, as you would expect in a mature democracy. I very much agreed with the comments of the noble Baroness, Lady Falkner, in that respect.

The use of the Civil Service is also considered by the report. The previous Prime Minister, Gordon Brown, announced before the general election that in the event of a hung Parliament the Civil Service would be available to support negotiations between the parties. It may be that if coalitions become the norm in the United Kingdom their role in supporting the negotiations will increase over time. That could be very helpful in bringing greater clarity and resolution of issues in a more timely fashion. Perhaps that will occur over time and will be much more like the process described by my noble friend Lord McConnell.

I could not see a situation where an incumbent Prime Minister in the future would not follow what Gordon Brown did in making the announcement about the involvement of the Civil Service. However, for greater clarity, it may be wise for the Government to make an announcement many months in advance of the election about what will happen after a general election under various scenarios, as the report suggested and as my noble friend Lady Jay outlined. The autumn period, after the conference season, seems the ideal time for the Government to make such an announcement. That would be before any real campaigning gets under way and would provide everyone with the clarity they need.

I did not like at all the suggestion of having a prime ministerial investiture vote and am pleased that the committee did not adopt this proposal. That seems at odds with our parliamentary system of government. It may be said that things have become more presidential, with so much focus on our party leaders, but for me this is a step too far. Parliament has mechanisms that enable it to express the confidence or otherwise in the whole Government led by the Prime Minister of the day, starting with the vote on the Queen’s Speech. It is clear, effective and well understood. For that reason I am in agreement with the committee’s opinion that it is not desirable to have a separate vote on any coalition agreements between the parties.

One of the most interesting parts of the report is chapter 4, which looks at the operation of government and Parliament under coalition. The principle of collective ministerial responsibility has served us well in the UK, where decisions are reached collectively and, when made, are binding on all Ministers. The principle largely stands but it may be that, with the evolution of coalition Government, more emphasis on the agreements to differ needs to be allowed to avoid disputes between Ministers and parties in the same Administration. Many noble Lords, including my noble friend Lady Jay of Paddington, and the noble Lords, Lord Crickhowell and Lord Lexden, referred to that very matter.

The breakdown during this Parliament between the coalition partners over House of Lords reform, the ability of the Government to secure a majority for the programme motion in the House of Commons and the subsequent blocking of the boundary reviews highlighted a serious deficiency between the coalition partners that had either not been seen or not worked out sufficiently in advance. As we have seen, this issue came to the surface again today in contributions from the noble Lord, Lord Strathclyde, and the noble Baroness, Lady Falkner.

I again find myself in agreement with the points made by my noble and learned friend Lord Falconer of Thoroton in this part of the report. I am sure that noble Lords will agree that it is important, as the report highlights, to have proper processes in place to govern any setting aside of collective responsibility on individual matters to ensure that collective responsibility remains in place for the vast majority of the Government’s programme.

The creation of what has been called “the quad” is an interesting development. It certainly puts the Liberal Democrats, the junior coalition partner, at the heart of the decision-making process and makes clear that this body deals with and agrees the way forward on the thorniest issues that confront the Government. In fact, as many noble Lords have said, David Laws MP referred to this as “the inner Cabinet”. I am sure that more will be written about the workings of the quad in future. From my observation from outside, it is a very powerful part of the Government that has played its role in keeping the two coalition partners together on a very solid basis, with only one or two exceptions that I have referred to before.

In looking at the end of the Parliament, the committee has made important recommendations as to how contact and discussions with civil servants should take place. They are a development of the present practice and maintain the important principle that parties should have discussions with the Civil Service for the purposes of developing policy and understanding policy issues and that these discussions should be confidential. It is also important that, while few important decisions are taken during the purdah period, the business of government goes on and conventions are respected to ensure that this happens.

The most worrying thing I heard today was from my noble friend Lord McConnell about what is happening in Scotland with regard to the papers of the previous Administration. That is a very unfortunate development and one that I hope can be resisted in future.

In conclusion, I again thank the Constitution Committee and my noble friend Lady Jay for an excellent report and I look forward to the Minister’s response.

Representation of the People (England and Wales) (Amendment) Regulations 2014

Lord Kennedy of Southwark Excerpts

Monday 12th May 2014 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

At end to insert “but that this House regrets that the Regulations do not go far enough to address the problem of young people not registering to vote and, in particular, that this statutory instrument is not more closely modelled on the proven and successful Northern Ireland Schools Initiative.”

[Lord Kennedy of Southwark (Lab)]

My Lords, in moving this amendment to the Motion, I first note that as far as it goes, this regulation has my support and that of noble Lords on these Benches. That is why my amendment is carefully worded in regretting the fact that it does not go further. The regulations are a useful addition to the tools that electoral registration officers have at their disposal to improve the accuracy of the electoral register. It is ridiculous that until this point, EROs in two-tier local government areas had no right to inspect records held by county councils that might have helped them to maintain improved accuracy of the register.

We have had many debates, discussions and questions about the electoral register, the registration process and connected matters in this Chamber and in the Moses Room. We have much more work to do in updating and improving the processes that we employ to ensure that they make a difference in getting the millions of our fellow citizens on to the register who, as I have repeatedly raised in this House, are eligible to be on the register but are not currently registered.

Like many noble Lords I have been out and about on the streets for the local and European elections. What I find particularly depressing is when you go down a street or on a council estate and you see gaps in the register—no one at the address is on the register to vote, but clearly somebody is living there. There are now too many of these gaps for it always to be because those people are not eligible to take part in elections. It is very depressing for anyone who believes in democracy and citizenship that people are not registered to vote. We could do much more to find new ways of identifying those people and getting them registered to vote. I have always thought that there must be more scope for looking at the way citizens engage with the state and making that engagement play its part in a process of checking if the person is registered to vote. There must be a presumption that the state has a duty to get its citizens registered to vote.

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, I thank noble Lords for their various contributions. I will take all the thoughts back with me. Let me start by saying that we are all concerned about the problems of low registration. The noble Lord, Lord Kennedy, really talked about two different problems: we are mostly concerned here about problems in getting young people on to the register. There is another problem, which is people who actually do not want to be on it. We have all been through some of the estates where a large number of people are not on the register and quite strongly tell you—as they put their bull terrier on to you—that they do not want to be on it. That is of course another part of the problem.

[Lord Kennedy of Southwark]

I must say that though I may have had various dogs set on me for all sorts of things, it was never so that people would not go on the register.

[Lord Wallace of Saltaire]

We recognise that we have a number of problems. My noble friend Lord Tyler referred to the recent audit of political engagement, which showed the level of political disengagement in the United Kingdom. I happened to be having my hair cut when Sky News ran its European poll on levels of trust in political elites. I regret to say that the United Kingdom comes alongside France and only just behind Belgium in the high levels of distrust in all our political elites. We share a common interest in reversing that and political parties have to work on it. The media have to make their own contribution and bear some responsibility for the rising levels of mistrust we have seen in recent years.

The majority of comments have been about how we get young people on to the register and, in the case of Lord Lexden, about overseas voters. I remind noble Lords that the Northern Ireland Schools Initiative does not automatically register pupils. The registration rate for attainers in Northern Ireland currently stands at 66%, not 100%. Students must still remember to bring in their national insurance number on the day the registration officers visit the school and then choose to register by signing the form.

As electoral registration officers and others go round secondary schools in England, Wales and Scotland, they will encourage pupils to register online in the borough in which they live. The two schools closest to Saltaire, Titus Salt and Guiseley, have a mixture of pupils from Leeds and Bradford. That is duplicated across West Yorkshire and, even more so, in London. This is part of the problem, but it will become easier with online registration.

I stress to the noble Lord, Lord Tyler, that we are not in the business of permitting electoral registration officers to go into schools. A lot of registration officers have already been going into schools for a long time and we encourage them to do so. The Government are a little more reluctant to make this compulsory. The Rock Enrol! initiative was founded on the basis of the experience of Northern Ireland. The business case for its development and ensuring that we were targeting attainers effectively came out of that as part of our work to maximise registration. EROs have been encouraged to use the funding provided by government for maximising registration to support the delivery of Rock Enrol! in their area.

We all understand that there is a great deal more to do to reverse the level of disengagement among young people and older people. We have failed over many years to produce effective citizenship education in our schools; that is another area to which we need to return. The noble Lord, Lord Tyler, asked whether votes at 16 would help in this regard. Perhaps we need to have that debate. I feel that it would also help if local government were stronger and more local so that people actually knew some of their elected representatives.

At the moment I do not have the recommendations of the Electoral Commission on this; I will write to the noble Lord as soon as I discover what they are. However, we are encouraging EROs to work on this and we are providing funding. Two of the five organisations to which we have provided specific funding—UK Youth and the Scottish Youth Parliament—specifically focus on this area. That will help us as we go forward. However, as the noble Lord, Lord Roberts, suggested, making sure that young people know something about the political process is part of a wider problem on which successive Governments have not done enough over the past 25 years.

I turn to the issue, raised by the noble Lord, Lord Lexden, of overseas voters and how to encourage them. I have learnt, over the past few months, that the number of overseas voters follows a cyclical pattern. It rises in the run-up to a general election and falls off again immediately afterwards. This is completely understandable. Perhaps we may hope that the fixed date of next year’s general election will encourage a larger rise. It was more than 32,000 at the 2010 election. We are working on this by putting advertisements on a number of websites to encourage those living abroad to think about registering. We have made it easier for them to register by reducing the number of documents they have to provide, and we support the efforts that others are making in this respect.

The Government do not think that we can do this on our own. We are working with Bite the Ballot and other voluntary organisations. We are encouraging political parties to do their bit. The other regulation I mentioned takes us further down the road. I assure noble Lords that although we have not entirely duplicated the Northern Ireland Schools Initiative, the Rock Enrol! initiative draws on it. Electoral registration officers on the mainland are already doing the work that the noble Lord, Lord Kennedy, would like them to do. The Government will follow that, and we hope that the outcome will be registration at least as high as in Northern Ireland. I repeat that there, sadly, it is only two-thirds. We will do our best to hit that target.

[Lord Kennedy of Southwark]

My Lords, I thank the noble Lords, Lord Tyler, Lord Roberts and Lord Lexden, who made excellent points. I agree almost entirely with what they said. I found some of the Minister’s response a bit unconvincing, and I think we will be returning to this many more times.

The point I found most unconvincing was about the one electoral registration officer in Northern Ireland, where, as the noble Lord, Lord Tyler, said, it works fine. The idea that the more than 300 EROs in England and Wales and the Electoral Management Board in Scotland will not know their local college and school and so could not possibly do it right is just nonsense. We hear lots from the Government about localism and all sorts of things.

[Lord Wallace of Saltaire]

That is not the point. Of course, we all know our local college and school. The problem is that you cannot go into a school with a set of forms and encourage young people to fill them in because they do not all live in the same authority. Particularly in London boroughs, you are very often dealing with pupils from a number of different authorities, so if one were to do it on paper, that would be extremely complicated. That is why I stressed that the move to online registration gives us a much easier way of coping with this diversity of electoral authorities.

[Lord Kennedy of Southwark]

I am still not very convinced. Luckily the Electoral Commission now produces standard forms. I think the Minister may need to go back and reflect on that a bit more in government. That is not a credible argument.

I am very tempted to test the opinion of the House on this, but at this time it is probably not worth me doing so. I assure the Minister that I will come back and test it on a future date. I hope he will come back with a few more convincing arguments than those tonight. I beg leave to withdraw the Motion.

Amendment to the Motion withdrawn.

Voting: Young People

Lord Kennedy of Southwark Excerpts

Monday 7th April 2014 Lords Chamber

[Lord Tomlinson]

To ask Her Majesty’s Government what steps they have taken to increase the number of young people registered to vote.

[Lord Kennedy of Southwark (Lab)]

My Lords, on behalf of my noble friend Lord Tomlinson, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

[Lord Wallace of Saltaire (LD)]

My Lords, the Government have announced that five national organisations and every local authority in Great Britain are sharing £4.2 million in funding to promote voter registration, including among young people. The Cabinet Office has written to electoral registration officers encouraging them to use this funding to support the delivery of Rock Enrol, a learning resource which provides an opportunity for young people to register to vote and enables them to discuss the importance of doing so in schools or colleges.

[Lord Kennedy of Southwark]

My Lords, only 44% of young people aged 18 to 24 actually voted in the 2010 general election, citizen training is virtually non-existent in our schools and we have the threat of IER, which risks wiping thousands of young people off the register. When are the Government finally going to do something to engage young people and get them on to the register?

[Lord Wallace of Saltaire]

My Lords, we are conscious that this is a long-term problem. The number of young people voting in elections has been going down for the past 25 years. When I was drafting my party’s manifesto for the 1997 election, I remember being told by a number of people in my party that we had to recognise that fewer young people voted than older people. That problem has been growing and it is still growing. With schools, students forums, funding a number of organisations, and working with Bite the Ballot and others, we are doing our utmost to mitigate that. From June this year we are also introducing online registration, which we hope will help young people find it easier to register.

Electoral Fraud

Lord Kennedy of Southwark Excerpts

Tuesday 1st April 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, that was the original intention of the 2006 Act. However, representations from electoral registration officers that that would be difficult led to the Act stating that a minimum of 20% should be checked. In recent elections, we have achieved virtually 100% of postal votes being checked, and we are now confident that with the co-operation of electoral registration officers, it will be 100% in the forthcoming general election.

[Lord Kennedy of Southwark (Lab)]

My Lords, there must be zero tolerance for those found breaking the law, but any attempt to prevent millions of law-abiding citizens from being able to cast their vote by post would be hugely disproportionate. Why have the Government done absolutely nothing to get the more than 6 million of our fellow citizens who are presently not registered on to the electoral register? IER, when it is introduced, is not going to solve the problem; it is going to make it worse.

[Lord Wallace of Saltaire]

My Lords, as I have said before at this rostrum, the Government are doing a great deal to maximise the level of registration. We all recognise that we will never reach 100%. The proportion registered had been going down over the previous 15 years and we recognise that there are particular problems, especially with young people. A range of government schemes is currently under way, in co-operation with a range of non-governmental organisations, to raise in particular the number of disadvantaged groups and young people who register to vote. Online registration is but one of the things that we are doing.

European Parliamentary Elections (Amendment) Regulations 2014

Lord Kennedy of Southwark Excerpts

Monday 31st March 2014 Grand Committee

[Lord Kennedy of Southwark (Lab)]

My Lords, I have only a few points to make in this short debate. Generally we support the regulations and the order and have no issues whatever with them. I have a couple of general points to make and one or two questions, but, generally speaking, we are fine with these. I will go through point by point. In terms of consultation, I think the noble Lord mentioned a couple of times consultation with the commission and with the Association of Electoral Administrators and such. Can he tell us about what consultations actually go on with the parties? I do not think much goes on. Maybe it is done through the Electoral Commission now, but I do think there should be more direct contact with the parties than there has been. I know that we have the panel meeting after the Electoral Commission’s political parties panel but I do not know whether there is more than that. There would be a surprising amount of unanimity from the parties on these things, as they have a lot of expertise that the Government could learn from. I know that the Government have some contact, but they could do more on that.

I saw in the note about the regulations on referendums that it refers to the issue about queuing at polling stations. Again, I welcome the fact that people will be issued with a ballot paper if they get there by 10 pm. My only slight worry is that while that all sounds well and good, how will it actually be controlled when it happens? We may not have this situation in the local elections happening next month, and perhaps not in the European elections, but at general election time we certainly need to think about how we will look after that. Yes, someone could arrive at 10 pm, but how is that to be controlled? It is quite hard to control and police it, and so on. The Government can make these regulations, but unless they are very specific about how things actually happen, they will just create another set of problems that cannot be overcome in a draughty church hall somewhere at 9.55 pm. If not now, the Government need to look at that sort of thing and be very specific. Presiding officers certainly need to know exactly how to handle these things; there is an issue there.

The point about police community support officers having the right to enter polling stations is, again, a sensible and welcome move. It certainly lifts a burden from police officers and ensures that there can be a uniformed presence in and around polling stations, which is very welcome. I saw that there is an extension of the proxy emergency provisions on the grounds of doing business or service. I am assuming that they are being extended in the same way as for every other category that can have an extension.

Those are probably the only points that I have. As I said, I do not have a huge issue with anything here; the instruments all seem very sensible. I will make one observation. While we will agree these regulations today, and they will go to the House next week, it is all terribly complicated and I look forward very much to the Law Commission coming forward with its recommendations so that we can get something much more streamlined. This should be a relatively simple process, but we have to have instruments for referendums, police and crime commissioner elections and local authority elections when it is really all the same stuff. The sooner we get this all looked at and repackaged, and put together much more sensibly, the better it will be for everyone concerned.

[Lord Wallace of Saltaire]

I share the noble Lord’s feeling on streamlining. There are of course some problems in that, as we have devolved authority to the devolved Assemblies, and as we have introduced a number of different electoral systems—I think there are three or four electoral systems operating now within Scotland, for example—some of this stuff becomes more complicated. We are, as the noble Lord knows, balancing between doing everything we can to make it easier for people to vote and encouraging that, and guarding against fraud. That also requires a delicate balance. However, I agree with him: I hope that it will be possible at some point to simplify the extremely complicated legislation that we now have for these different sets of elections and referendums. Referendums are, after all, still a relatively new dimension of British democracy and perhaps the next Government will take that on, with the assistance of the Law Commission.

On the particular questions that the noble Lord asked, there is no formal process for consultation with the political parties, but I understand that a number of informal conversations are had with them. I will check on that and I promise to write to the noble Lord if there is anything useful that I can say on it, because I take his point about the political parties. Miraculously, I discover that I now have an answer. We meet the Electoral Commission’s political parties panel quarterly and raise the question of new SIs being made. I expect that the noble Lord will be familiar with who attends the political parties electoral panel from the Labour Party. It may indeed have been him—yes, I see that it was.

On the closing of polls, let me say in passing that this was a very small issue last time. It happened in a total of 27 polling stations in 10 constituencies at the 2010 election, with just over 1,200 people being affected. We do not know whether this will turn out to have been a one-off or whether it will become a wider phenomenon in future. We took this decision because we had come up with this problem in 2010, and we expect that the Electoral Commission will provide additional guidance on how we manage this in the future. The noble Lord is entirely right, of course, to say that a situation in which a large number of people attempted to storm a polling station at 10 pm would be very difficult for anyone to handle. We have to hope that that sort of event will not happen. Guidance will certainly be offered to returning officers on the close-of-poll provisions and the Electoral Commission will assist with that. I hope that I have now covered most of the noble Lord’s questions. I am glad that these regulations have received a general welcome and commend them to the Committee.

Electoral Registration and Administration Act 2013 (Transitional Provisions) (Amendment) Order 2014

Lord Kennedy of Southwark Excerpts

Monday 24th February 2014 Grand Committee

[Lord Wallace of Saltaire (LD)]

My Lords, I have been asked by others involved in the ERA process how many more electoral statutory instruments there might be to consider. I am pleased to report that in the case of individual electoral registration the preparations for implementation in June are well advanced and it is anticipated that there will only be a handful of additional SIs during the remainder of this year.

The two short instruments before the Committee today will enable some fine-tuning, getting IER off to the very best possible start, which I am sure noble Lords will all welcome. Perhaps I should say, and I hope that the noble Lord, Lord Kennedy, will convey this to his colleagues on the Labour Benches, that some of them still seem to be very sceptical about the transition to IER, but so far this has been a remarkable success story, as the matching has been more complete than we had expected. That is part of the reason why we are continuing to adjust as we take this process along.

The draft order makes a small change to allow the start of confirmation matching to begin nearly a week earlier, from 16 June to 10 June. We hope and expect this to increase, from 64% to 83%, the proportion of unconfirmed electors receiving these invitations to register during July, rather than in the holiday month of August, which we expect to deliver a significantly better response rate. This is surely a common-sense piece of fine-tuning and well worth doing.

The second instrument, the draft regulations, will enable the testing of the IER digital service to continue for as long as may be necessary before it goes live, ensuring that the system will be able to do everything required of it once IER begins.

The Grand Committee will have observed that the order and regulations amend existing instruments, some of which were made only quite recently. Given that these are two more instruments, why do we need to make these now and add to the rather large ensemble that we seem to be creating?

To explain, the changes that we propose build on work carried out over the past year. The regulations now being amended to extend the testing period were made in March 2013 so that we could conduct the dry run of the process for confirming existing electors. In planning this, we had regard to the principle that the use of personal data for testing should be limited to a defined period. Last year’s regulations therefore provided for exchange of data to end around now.

In addition, not having a crystal ball, when those regulations were made we could not have known exactly what the testing schedule for 2014 would be, partly because the contracts with electoral management systems suppliers were yet to be concluded. However, a simple change to the dates in last year’s order will ensure thorough testing before we go live. When the dry run took place across Great Britain last summer, we got much better results than we had expected, indicating that at the transition to IER it should be possible to confirm an average of at least 78% of the electorate.

We were able to discuss with electoral administrators and the Electoral Commission options for making best use of the results of the live confirmation run. The solution emerged to allow the start of the transition to be brought forward a week from 16 to 10 June. The 2013 transitional provisions order was already before Parliament and to have withdrawn it to amend that one date would have caused uncertainty about all the other aspects of IER covered by the order, impacting everyone working on electoral administration across Britain.

In conclusion, these two short statutory instruments before the Grand Committee today will each, in their own way, play a further constructive part in the successful implementation of individual electoral registration in Britain. I hope that all parties will welcome this and I commend them to the Committee.

[Lord Kennedy of Southwark (Lab)]

My Lords, it is good to be back here again to discuss these instruments with the noble Lord. To start off, the noble Lord made the point about some of my colleagues having worries about this, some of which I share. I worry about the speed of the transition and about what will happen if things go wrong. The Government have quite rightly put a lot of emphasis on voter fraud and on accuracy, but sometimes I feel that we put less emphasis on completeness.

As I have said many times to the noble Lord here and in the Chamber, on estimate around 6 million people live in our country who are not on the register but are eligible to be on it. I do not see much evidence that much is going on to get them on to the register. The Government should address that, and quickly. It is of equal priority to anything else that we are doing.

In general I support IER. Many noble Lords will be aware that I am a former member of the Electoral Commission, so I know about the work that has gone on in the Government and in the commission to get this right. However, I will keep pressing the noble Lord on the question of completeness, because it is important that all citizens are able to take part in our electoral process.

As the noble Lord says, the two instruments before us today bring forward minor changes, bringing IER into effect. The first order amends a previous order and brings forward the earliest date for the matching of existing electoral registers with data held by the DWP from 16 to 10 June. That is fine as far as it goes and I hope that the process will go smoothly.

I note in the order that publicity is to be undertaken by the Electoral Commission, which is welcome. I have some knowledge of the work that the commission is doing on that. However, I am not convinced that that is going to be enough. The Government will have to look at what else can be done. This is an enormous change that is taking place. I do not know what they can do; maybe the noble Lord can tell the Committee what other plans the Government have, or look at more plans. I certainly think that we should look at things such as specific funding to local authorities to do extra work. Noble Lords will know that EROs employed by local authorities do lots of the extra work, such as going door to door, and it may well be that additional funding is needed beyond what they normally receive. If at the end of this process there are fewer people on the register than there are now, it will be matter of much regret—in fact, we should aim to get many more people on the register. Perhaps the Minister could look at that.

How will the Cabinet Office monitor the completeness and accuracy of the electoral register throughout the process and after transition to IER? The second statutory instrument deals with the IER digital service. We have no issues with that, but I return to the general point that I made at the start of my contribution: with such a major change taking place, are we doing everything possible to ensure that those citizens who are not on the register now will be on the register in future?

[Lord Wallace of Saltaire]

I thank the noble Lord for his comments. I was conscious when I answered a question on this matter the other week of how long we have all been involved in this. The right reverend Prelate the Bishop of Wakefield asked me whether I had thought about the problems in Kirklees and I realised that it was the summer before last that I had been in Holmfirth talking to the Kirklees electoral registration officer. We have been at this, preparing for it, with local electoral registration officers and others for quite some time now.

I shared a lot of the concerns that others had at the outset and I have to say that I am impressed by the thoroughness shown by people at both the local and the national levels in working through to make sure that the transition is a success. We have in some ways the advantage of being able to learn from the Northern Irish experience, where there was a certain drop as one moved from household to individual registration, and we are working on several different fronts to deal with that. As the noble Lord will be aware, the biggest single reason provided by surveys for why people do not register is that they are not interested in politics and do not want to vote. That means that all of us in politics have to be out there arguing that it is in their interests both to register and to vote. National Voter Registration Day the week before last was an autonomous voluntary initiative, with which the Government were very happy to co-operate, to push that issue further up the agenda. We are co-operating with a range of voluntary organisations to get at particularly difficult, vulnerable groups who are less likely to register. We will continue to do that. We expect everyone to keep us up to the mark on this. We have allowed in the legislation for a final parliamentary vote to approve the transition after the next election, but so far, so very good and so much better than I expected, and I do not see it failing.

It was suggested that we might be more concerned about accuracy than about completeness. We are of course very concerned about completeness, which is why we are so pleased with the success of the data-matching exercise so far. We are providing additional funding to maximise registration; we have just provided an additional £3.6 million to be distributed to every electoral registration officer according to levels of electoral under-registration to help them with the costs of local activities for maximising registration. I remind the noble Lord that the boroughs that come up with the largest amount of under-registration are not those that have the strongest Labour vote or the highest poverty index. Kensington and Chelsea and Westminster come high among them, partly because there is such a rapid turnover in the population and people do not get round to registering while they are there.

We are providing funds to EROs because we understand that they are best placed to determine what local activity is most effective in maximising registration levels. We are not mandating how they make use of this funding; a great deal depends on local circumstances. I was shocked to be told some 15 months ago that in Wandsworth, for example, some 20,000-plus properties are now behind locked access, so that doing a door-to-door canvass has become a great deal more difficult. Those are not just council flats but the new blocks of flats along the Thames that sell for far too much money. So yes, we still face some difficulties but we are working extremely hard and providing extra resources and we are working with voluntary organisations to maximise registration and to make it as complete as possible. We hope to co-operate as actively as we can with all those concerned, including, of course, those within the Labour Party.

[Lord Kennedy of Southwark]

I hope that the noble Lord accepts that we all have a responsibility for getting people on the register, but the Government have a very special responsibility. Secondly, he has made this point before and I am getting a bit irritated: I have never, ever suggested that it is about getting Labour voters on to the register. It is about getting voters on to the register—I do not care who they vote for. The fact is that there are 6 million people in this country not on the register to vote. I want to get them on. That is what I am all about, as a member of the commission and as a Member of this House. I do not care if they are in Kensington and Chelsea and all vote Tory. That is absolutely fine. They should be on the register.

[Lord Wallace of Saltaire]

I apologise. I may indeed have been casting that comment at some of the noble Lord’s colleagues who have made that point very strongly to me. We all share an interest in this and we want to get as many people to vote as possible. We have no idea what they will do when they vote—whether they will vote for one party or another or even spoil their ballot papers—but rebuilding public commitment to democratic participation is a wider issue that we all face. I hope that we will all work together to ensure that this transition is entirely a success.

I am reminded to repeat, as I announced in the House during Questions the other week, that we have just awarded five organisations nearly £250,000 of funding to promote registration in their areas. So we are working on this and the transition is not yet over. But the noble Lord will know, as I do, that unfortunately some parts of the British public are not particularly engaged in either local or national politics, which is a problem that we all face.