Civil Society

Lord Kennedy of Southwark Excerpts
Thursday 11th June 2015

(10 years, 1 month ago)

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Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, like other noble Lords who have spoken in this debate, I thank the right reverend Prelate the Bishop of St Albans for putting this Motion down for debate today.

It is regrettable that we did not get the opportunity to debate this issue at the end of the last Parliament, before the general election, but the issues raised in the report are still very relevant and are there for us all to see. I have been a Member of your Lordships’ House for five years and in that time I have always been impressed by the work of the 26 Lords spiritual, the contribution they make to this House and the work they do outside in the community. This report is another excellent example of the work that the House of Bishops in the General Synod have undertaken. I am pleased that the church has moved into this territory. It is a challenge to us all, particularly those of us engaged in party politics.

In November this year, I will have been actively engaged in both the Labour Party and the Co-operative Party—in good times and in bad—for 38 years. It is always a pleasure to speak in a debate in which my noble friend Lord Graham of Edmonton is participating. Like him, I enjoy watching football. However, as a supporter of Millwall Football Club, there has not been much to cheer about in recent years.

The obituaries for all parties have been written many times and always prematurely, although we have very serious problems in our political parties in Britain today. We are in a period of great change in our country and in the world for a whole variety of reasons, as the scale and speed of change gets faster and faster and seems more out of reach of people. That raises some fundamental challenges for political parties and the wider civil society in 2015.

Calling for a new politics is in itself nothing new. There have been many calls over many years, but the pastoral letter from the House of Bishops is something different and we should all welcome it. I do not for a minute believe that change is going to happen overnight, and unfortunately during the recent general election there were numerous examples of business as usual in the political process, as mentioned by the right reverend Prelate the Bishop of St Albans.

However, as we start a new Parliament, I am going to be optimistic about what can be achieved. We, of course, should be grateful that we live in a mature, stable democracy where the result of an election is accepted and respected and that, win or lose, you have the ability to make your point and have your say. I agree with the right reverend Prelate the Bishop of St Albans that I like living in Britain today and have never hankered for a bygone age that never really existed.

I agreed very much with the report when it disagreed that religion and politics cannot mix. The problems we face as a nation are often the subject of heated debate and I like it when the church feels strongly on an issue and enters that debate. It can offer a different perspective and leadership and can provide pressure, setting out what needs to be done. I can think of examples where I have agreed with the position that the church has taken and also where I have disagreed with its position. I very much associate my remarks with those of the noble Baroness, Lady Barker, who was disappointed that the lesbian, gay and transgender community was not mentioned in the report.

In the section of the letter on,

“Apathy, cynicism and politics today”,

I very much agree that the vast majority of politicians and candidates enter politics with a passion to improve the lives of their fellow men and women. We might disagree on what needs to be done or on how to do it, but that in itself is not a problem. People also engage in wider civil society for similar reasons. It can be to improve the local community, something on a very small and local scale or something on a much larger scale with a national charity or organisation. I am a trustee of the United St Saviour’s Trust, which works in north Southwark and Bermondsey and has been there for 500 years—it does a lot of good work. I am also involved in the council of Diabetes UK on a national level.

It surprised me to read that, according to the polls, the vast majority of people believe that it will make no difference who is in power. I suspect quite a lot of us here would disagree with that, but it tells me that we are collectively, as politicians and parties, failing to communicate in an effective manner, so can we be surprised about the cynicism and apathy about politics? I very much agree with my noble friend Lady Royall of Blaisdon on her comments about the engagement of voters. I also read with amazement, and some disappointment, that apparently 900 votes made the difference between the Tory Party having a majority in the House of Commons and being only the largest party in the general election.

As the letter points out, parties increasingly target smaller groups of voters in a select number of constituencies, and in other constituencies voters get less attention from the parties. The adversarial nature of politics here has produced an adversarial approach to ideas that may not always produce the right or best outcomes, to which my noble friend Lady Royall also referred. It does, though, present civil society in general with an opportunity and challenge to present ideas and solutions to the problems we have, here and abroad, in a way that can be embraced across the political spectrum or at least parts of it that are not confined to one particular political party.

I very much want to be a part of a “community of communities” but can see how much we have become a “society of strangers”. The speed and sophistication of the communications world has people glued to iPads and other devices and not talking to people face to face. On the other hand, we have the Royal Voluntary Service and other charities doing great work to try and combat loneliness in the elderly community and stem all the problems to mental and physical health that loneliness brings. I think that the church is right when it calls for a sensible approach to social policy and that we are a “community of communities”.

We have seen significant devolution of power in Scotland, Wales and Northern Ireland, but in England that has generally not been the case, although there are proposals before your Lordships’ House in the form of the Cities and Local Government Devolution Bill. Where we are able to devolve power to the most appropriate level, this can have the effect of re-engaging people, re-engaging civil society in the decision-making process, and better decisions can be made. As the right reverend Prelate the Bishop of St Albans said, bridging social capital is an important part of this process.

As the report highlights, there is a deep contradiction in the attitudes of a society which celebrates equality in principle yet treats some people, especially the poor and vulnerable, as unwanted, unvalued and unnoticed. Some of the terms used to describe those who rely on social security payments can imply that they are undeserving and not worthy recipients of welfare. This is not only on the front pages of some national newspapers but also on blogs and social media sites, such as Twitter. These sorts of attitudes and activities can be counterproductive and deter others from offering the informal, neighbourly support which could ease some of the burden of welfare on the state and be for the common good.

Moving on to talk about a “community of nations”, I think that we in the United Kingdom can be very proud of the role we have played in bringing nations together and taking a leading role in drafting conventions such as the European Convention on Human Rights. I hope we are never in the position where we would remove our name as a signatory country to that convention. Other European institutions may have their problems but trust and co-operation among the European nations, as the letter highlights, has been a good thing and should be celebrated and welcomed. We are interdependent on our closest neighbours in Europe and the threats to our security come from other more volatile parts of the world.

The commitment from civil society to push to get the 0.7% of GDP on overseas aid into law is something we can again be very proud of. For me, equality and the pursuit of a fairer and more equal society and the role civil society plays in achieving that is of paramount importance. By becoming more unequal we all lose. The widening gaps between the poorest and richest in our society should be of concern to us all.

I am a director of London Mutual Credit Union and every week we hear heart-breaking stories of people in all sorts of difficulties when they come through our doors and we try to see whether we have a package of financial products that can help them. The Credit Union Expansion Project, put forward by the Government, is a very welcome initiative but we have to do more to enable credit unions to offer a selection of financial products that are right for their members. I have called on the Government before, and do so again, to do more to divert some of the fines that are levied on financial institutions that do wrong and put that into programmes to ensure a de minimis level of provision no matter where someone lives.

The right reverend Prelate the Bishop of Rochester mentioned the excellent work being done by the Lewisham Plus Credit Union, which is really doing a very good job. London Mutual Credit Union has also been working with Southwark Council. Every young person attending secondary school has a saver’s account opened for them at the credit union and the council deposits £10 into the account.

The rise of food banks in one of the richest countries in the world is obviously very worrying. A whole group of people are described as the working poor; they are working but are unable to earn the wages to support themselves and their families and have to rely on welfare payments. That is truly dreadful. The living wage for employees has been something that we can champion, but champion not only by saying that it is a good thing but by actually taking positive action. I very much like the idea that no company or voluntary sector organisation, when bidding for public sector contracts, should be disadvantaged by paying the living wage to their employees.

In conclusion, this has been an excellent debate on the excellent document that gives the Government and the rest of us much to think about and reflect upon, such as healthy political parties, strong civil society and healthy debate. As the right reverend Prelate the Bishop of Rochester, said, so much goes on that we are very proud of, each and every day, by volunteers in a whole variety of initiatives and organisations. Again, I thank the right reverend Prelate the Bishop of St Albans for putting down the Motion for the debate today.

Electoral Register

Lord Kennedy of Southwark Excerpts
Thursday 19th March 2015

(10 years, 3 months ago)

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Asked by
Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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To ask Her Majesty’s Government what action they are taking to maximise the number of people on the electoral register before the deadline of 20 April by which people must register to vote in the General Election on 7 May.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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My Lords, the Government have invested £14 million over two financial years to support activities to maximise the number of people on the register. In 2014-15, this includes £6.8 million divided among electoral registration offices across Great Britain according to levels of underregistration. Up to £2.5 million will be used to fund wider activity, including working with national organisations to reach underrepresented groups, such as young people, students, Armed Forces personnel and overseas voters.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, I declare an interest as the chair of the All-Party Parliamentary Group on Voter Registration. I hope the noble Lord’s response to my Question will move beyond the “We’ve all got a role to play” response that I often get from him. My Question asks specifically what action the Government are going to take in the next month to address the 7 million of our fellow citizens who are not on the register. How can we get those people on so that they can actually vote in the general election?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, it is up to all of us, not just the Government, to make sure. I was with the noble Baroness, Lady Royall, and the noble Baroness, Lady Perry, at UCL the other week. We all three made the point that it was extremely important that students both register and vote, and we should all be repeating that message each time we go to a college, university or school. The noble Lord will have seen the Electoral Commission’s announcement of its pre-election campaign earlier this week. That is another dimension of this. There will be advertising online and in the media. The Government are very happy that in February a million new applications came in to register. We expect there to be a similar surge in the last few weeks before the closing date, as there was in 2010. We are not at all complacent, but as the election gets closer, we expect interest to rise and we expect the 2.7 million applications which have come in since last December to be added to by, we hope, another million.

Electoral Registration

Lord Kennedy of Southwark Excerpts
Tuesday 3rd March 2015

(10 years, 4 months ago)

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, I have to say from having met a number of EROs during the past three years that they are a subculture of their own. I think that some of them would jib a little at the thought that they were entirely modern. They are committed to their task, which they find increasingly difficult. Gated communities and rapid turnover of people in rented housing make their lives more difficult. The refusal of people to answer letters when they are canvassed and the difficulty of canvassing on a house-to-house basis are all problems that they face, but all the evidence that I have is that most EROs are doing their job extremely well.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, I declare an interest as the chair of the All-Party Group on Voter Registration. What is so frustrating about the Minister’s responses to these questions is that he repeatedly gives the impression that it is all fine and that there is nothing to worry about. When will the Minister and the Government accept that we have a crisis with people dropping off the register? Just over a week ago, the Electoral Commission reported that 1 million people had gone missing from the register up to 1 December last year. The closing date for registration is 20 April. The Government have about six weeks to do considerably more than they are doing at present. They have the power; they need to get working on it straightaway.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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The Government are not complacent: we do not have a crisis. The figures for last December show that, under the transition, we are roughly at the level that we were at three years ago. That is not good enough—there were already 7.5 million people missing three years ago. We are continuing to work, and everyone here should be continuing to work, to encourage people to register. I saw in this morning’s Daily Mirror that it is running its own its own campaign with a bus, the cast of “The Only Way is Essex” and various others to encourage particularly vulnerable groups to come on board. We all have to work on that, and I am still confident that many of the missing young people will actually use their mobile phones to register online in the last two or three weeks before the deadline.

Recall of MPs Bill

Lord Kennedy of Southwark Excerpts
Monday 2nd March 2015

(10 years, 4 months ago)

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, since this is the last group in this debate, I thank those who have taken part for the constructive role that they have played in the very thorough scrutiny that this Bill has had. I was a little upset when the noble Baroness, Lady Taylor of Bolton, suggested that we had done our business hastily. I think that we have done our business—from Second Reading, through Committee to Report, and now to Third Reading—in the appropriate way in which this House behaves. We have met with those who have expressed their greatest concerns on the Bill, and, as the names on the amendment to which I am now speaking show, we have done our best to reach a consensus with the Opposition where they have made reasonable points, which the Government feel should be taken into account.

I am also very grateful that we have had such an extraordinarily good and efficient Bill team for this Bill. Over the last four and three-quarter years, I have met rather more Bill teams than I would like to have done, and on one or two occasions I have realised what you suffer if a Bill team does not do what you need for a Monday afternoon Committee stage—on one particular occasion, the legal adviser had missed the ferry back that morning from the Isle of Wight and we arrived without the full pack that we needed. I am confident in saying that this is one of the best Bill teams that I have had.

Government Amendments 6, 7 and 8 require the petition officer to deliver all recall petition returns to the Electoral Commission as soon as reasonably practicable after the documents have been received. These support the more substantive government Amendment 10, which will require the Electoral Commission to prepare and publish a report after every recall petition. These amendments build on those first tabled by the Opposition on Report, and I welcome their support for our amendments today. I am grateful to the noble Baroness, Lady Hayter, and the noble Lord, Lord Kennedy, for their constructive engagement on this issue.

In drafting the Bill, the Government have been keen to ensure that we create a regulatory environment that is consistent with existing electoral law. However, we recognise that recall petitions are a new style of electoral event for which there is no one-size-fits-all set of rules that can be applied. That said, we have drawn heavily, as far as we can, on underlying principles from wider electoral law—notably, encouraging participation through proportionate regulation and preventing undue influence by wealthy groups and individuals.

The Government have been grateful to noble Lords for their contributions throughout the passage of the Bill in terms of how the campaign should be regulated. The Government have also been consistent in our view that the spending and donation rules that we have put in place are appropriate to the nature of a recall petition and are fair and workable in practice. We appreciate the desire to ensure that the process is properly assessed in what we hope will be the very rare event of a recall petition taking place.

The Bill as introduced to this House provides for the Electoral Commission to report on the conduct of a recall petition, including how the spending and donation rules work, at its own initiative. Noble Lords have expressed a desire to see a formalisation of this process, requiring the Electoral Commission to report after every recall petition. These amendments will provide for this. Amendment 9 corrects a minor and technical issue with the drafting of Schedule 5 to the Bill. I beg to move.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, my noble friend Lady Hayter of Kentish Town and I have also put our names to the amendments tabled by the noble Lord, Lord Wallace of Saltaire, on the role of the Electoral Commission. As the Minister has described, the amendments have the effect of requiring the Electoral Commission to take a greater role in the scrutiny of recall proceedings, which is to be welcomed. As a general principle, the Electoral Commission needs to move on from its present position of offering advice and guidance to more specific areas that it is responsible for, and to be held account properly by Parliament for its work in those areas. That is my position, although it is a matter for another day.

The specific amendments address the points that I have argued were lacking throughout the Bill. I am grateful to the Minister for mirroring the amendments that we on these Benches put forward in previous stages of the Bill. The first set of amendments to Schedule 5 ensures that all returns by campaigners are subject to checks by the Electoral Commission and delete the phrase “on request”, thereby requiring the petition officer to deliver a copy of all the recall petition returns when they have been received. We strongly disputed the Electoral Commission’s view that these would be little local events with a local feel. I took the view that that was a silly claim by the commission; we all know that these will be national events attracting enormous media attention. The commission is best equipped to look at the work being done with returns, as it has both the resources and the expertise at its disposal. I did not accept the commission’s note on this when it said that it may need additional resources to make this work. We all hope that these provisions will be enacted very rarely, and I am very confident, as a former commissioner, that this extra work can be done from existing resources.

We believe that these amendments are particularly important, given that the Government have not accepted our concerns about the potential loopholes that have been left open with regards to donations and expenditure received by both accredited and non-accredited campaigners. This at least goes some way towards ensuring that the financial circumstances of campaigns are subject to some level of scrutiny. Although we are disappointed that the Government have failed to address what we from these Benches regard as the inherent unfairness in the equality of arms of accredited campaigners, as well as the lack of safeguards on permissible donors, we are at least glad that we have managed to persuade Ministers that it is paramount that donation returns are checked.

It is hoped that this will go some way to providing confidence in the financial aspects of recall campaign procedures, which we on this side of the House believe could be open to abuse. The Government’s other amendment to Schedule 5 is a technical amendment, which clarifies the Bill, and we support it. The amendments to Schedule 6 require the Electoral Commission to produce a report on the recall petition proceedings once they have been completed. As I said previously, given that this is an entirely new facet of campaigning, I believe that an independent assessment of the process would be greatly welcomed, not only by constituents but by those affected or involved in the process, and by everyone else involved.

In conclusion, the amendments made in your Lordships’ House have been small but significant in making it more workable for all involved. Perhaps the most important inclusion in the forthcoming regulations will be the requirement on the petition notification card to inform electors of the fact that they are signing what could become a public petition. Given that the Government rejected our judgment that this was de facto a public petition, this is at least something to address the issue of secrecy and the availability of the marked register, the details of which still have to be worked out.

Regrettably, little attention has been given to such practicalities or even the principles of the recall process, which explains why so much has been left to regulations —fairly inexcusable, given that the Government have had an entire Parliament to draft a 25-clause Bill. Despite this, the help that we received from the noble Lords, Lord Wallace of Saltaire and Lord Gardiner of Kimble, was much appreciated, and we welcomed it very much. They were willing to meet us to discuss the detail and the principle, so I record my thanks and those of my colleagues on these Benches for their hard work. Also, I join them in supporting and thanking the Bill team for their hard work; they have been courteous and helpful throughout the process.

I thank my noble friend Baroness Hayter of Kentish Town. We were friends for many years before we came into the House—we came in on the same list nearly five years ago. It is always a pleasure to work with her. Her leadership and hard work on this are much appreciated by everyone involved. I thank my colleague Helen Williams from the opposition office for her contribution; though it was behind the scenes, it was very much appreciated by me and my colleagues here. I also thank noble Lords on all sides of the House for their work. We have done our job as a revising Chamber, and I am grateful to everyone involved.

We have all expressed the wish that the Bill will never need to be used. However, it is right that it should be as fit as possible in case it is. The Minister knows that we remain concerned about the possible intrusion of big money into the consideration of whether an MP should continue in Parliament. I hope that he is right and we are wrong in worrying about this. That apart, we have made the Bill a bit better than when it arrived in your Lordships’ House. I hope that it can now be moved on so it is an Act of Parliament very soon.

Lord Tyler Portrait Lord Tyler
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I wish to comment briefly on these amendments. Since the noble Lord, Lord Kennedy, signed them, I felt it was only right that he should be allowed to go first, but I endorse everything he said; these are useful improvements. When the Bill first came to your Lordships’ House there was a certain mood that somehow we should not be making improvements to it—not that it was incapable of improvement, but that somehow we should not be looking at such internal matters as those with which the Bill is concerned because they are so clearly matters that intimately affect the Commons collectively and individual MPs. I am delighted that through the whole of the debate, at all stages, that apparent lack of confidence in the role of your Lordships’ House has fallen away and we have had very serious, helpful and, I hope, positive discussions about how to improve this legislation.

It would be ironic if, simply because the Bill affected so intimately the self-interest of Members of the other place, somehow we felt we could not take any view on it, when as a Parliament we clearly have to take a view both about the reputation of Parliament as a whole and about the intricacy and effectiveness of individual proposed legislation. I share the concern of the noble Lord, Lord Kennedy, that it may well be that this turns out not to be entirely fit for purpose. Presumably, it will be tested when, or if, it is used, and that will be an obvious moment for us to review the situation, as my noble friend Lord Norton and I said in a previous debate. If we had accepted the view that because it was of such intricate, direct self-interest concern to Members of Parliament then somehow or other we had to withhold our views, that would surely have given credence to the idea that the form of your Lordships’ House could not be a matter of concern to the other House of Parliament, which would be patently ludicrous. I am pleased that in fact that situation fell by the wayside and no one has pressed that.

I share with the Minister and the noble Lord, Lord Kennedy, my thanks as an individual Member of your Lordships’ House to all those who have taken such trouble within the Government to try to make sure that we had the best possible opportunities to influence the way in which this legislation came before us. In particular, I thank my noble friends Lord Wallace and Lord Gardiner for the impeccable way in which they have treated us, giving us every appropriate opportunity to try to improve the Bill. It is slightly improved, but I suspect that some of the issues that we were dealing with earlier today will come back to haunt us before too long.

Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2015

Lord Kennedy of Southwark Excerpts
Thursday 26th February 2015

(10 years, 4 months ago)

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Changes to the UK parliamentary ballot paper form part of a wider exercise to update forms and notices used by voters for the full range of elections in the UK, including poll cards, postal voting statements and the ballot paper. The changes are intended to make the voting process more accessible for voters, and to encourage voter engagement. The three instruments are being made to facilitate a successful general election—towards which, I trust, we are all working—and I commend them to the House.
Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, I thank the Minister for his clear explanation of the two sets of regulations and one order before your Lordships’ House. I have no issues as such with the matters in question; I am happy to support them. It is good that the Government are making sure that the required measures are in place, that we have well designed, easily understood ballot papers and other stationery in connection with the election, that proper provision is being made for the combination of polls that will be taking place at the same time, and that how and when the counting of votes will take place, after the completion of the verification process, has been made clear.

However, on a day when there is little business for your Lordships’ House—these instruments were moved from the Moses Room to pad out the Order Paper because there was a real risk that the business in the Chamber would have closed before the Grand Committee was due to sit—I find it staggering that there is not a government Motion before the House expressing the Government’s concern about the crisis in electoral registration, and explaining what they are going to do to sort it out, and get the millions of people who are eligible but are not registered on to the electoral register.

We are light on business, and we have a crisis. On Tuesday, the Electoral Commission published a report of its analysis of the number of people who were on the electoral register on 1 December. It found that there were 2%—that is, 920,000—fewer people on the register than in the previous February and March. Who are the people most likely not to be on the register? They are people who are moving home, students and attainers—young people who are not 18 yet but will be 18 by polling day. That figure of 920,000 fewer people on the register is scandalous. This is a crisis, and rather than debate it here in your Lordships’ House on a government Motion so that we could hear what urgent action the Government were taking, we hear nothing about it, and it falls to the Opposition, on the back of regulations about election stationery, the combination of polls and how are we going to count the votes after verification, to raise these serious matters.

That is a dreadful state of affairs. I have an Oral Question down for 19 March asking the Government what action they will take to get people on the register before 20 April, and I am giving the Minister another chance to set out his plans today. We need urgent action, and we want to be reassured. It looks to me as if the Government are coasting on these matters. That is a truly dreadful state of affairs.

Lord Deben Portrait Lord Deben (Con)
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My Lords, that is slightly specious, if I may say so—but it does help me, because I wanted to raise one question with my noble friend. My experience is that there is no regulation relating to the right of a person who is unable to enter a particular polling booth to have the ballot paper brought out to them. I understand that it is open to the particular officer in that place to give that service.

I raise this matter because of the Assembly of Bethel. This is an organisation, rather small in its numbers, that has a particular view about what buildings its members may enter without impurity. It is an unusual view, and not one which I share, but holding it should not deny people the right to vote. In my former constituency I had a member of the Assembly of Bethel, and she was unable to enter the building because on top of it was a cross with a circle round it, and the organisation believes this to refer to the sun god rather than the Son of God. I discovered, in this very curious circumstance, that it is not even for the returning officer to insist that the ballot paper be brought out. He has to rely on the personal decision of the officer in charge of that particular polling station.

I am therefore taking this opportunity to raise what I know is an esoteric example, although it is none the worse for that—I am a believer in a bit of esotericism from time to time. People should have the right to deal with the ballot paper outside for all kinds of reasons, not necessarily just because they are in a wheelchair. Have the Government considered whether it might be an appropriate principle to say that such decisions should be governed by the local returning officer overall, rather than being left to whoever happens to be on duty as an assistant officer in a particular polling station? I do not expect my noble friend to have an immediate answer to the problems of the Assembly of Bethel, but he may be prepared to look again at whether we need to change the regulations in this regard.

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We are, of course, actively engaged in pursuing the maximum number of registrations as well as making sure that the register that we have by 20 April is as accurate as possible. As I said, we will return to this issue in some 10 days’ time when we discuss the Question tabled by the noble Lord, Lord Kennedy. I trust that we will all maintain our efforts inside and outside Westminster all the way through to the election as we need to have not only the maximum number of registrations but the maximum number of voters. I think we all recognise that we face a tide of disillusionment and disengagement with conventional party politics among many voters, against which we have to do our best to struggle.
Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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I accept that the noble Lord is as concerned about this matter as I am, and we regularly raise it, particularly in the Moses Room. However, as I said, the House is not exactly pushed for business and the election is fast coming down the track. Will the noble Lord talk to his colleagues as I do not see why the Government could not table a Motion to enable us to discuss this one evening so that he can set out the Government’s plans in full? This is a crisis and it is really serious now. I am very worried about the 20 April deadline. I do not understand why that is in force. A lot of people will not register in time. We will hear lots of dreadful stories during the election and on polling day about people who have lost their right to vote. We should do everything we possibly can to avoid that. I hope that the noble Lord will take that point back and initiate a debate on this issue before the Dissolution.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, I thought that I and others were keeping the House as regularly informed on this as possible. I have long since lost count of the number of Questions I have answered on individual electoral registration over the last 12 months. However, I will take the noble Lord’s suggestion back to the usual channels and we will see what we can do. I think that I have answered all the points that were raised.

Voter Registration: Students

Lord Kennedy of Southwark Excerpts
Wednesday 11th February 2015

(10 years, 5 months ago)

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, we have, of course, evaluated the Northern Ireland experience. We were dealing with paper transactions then and we are now moving to online transactions. Since the beginning of February, there have been nearly 500,000 online registrations, so we are very much achieving what we want, and we look forward to seeing more coming. The Northern Ireland experience was useful at the time. However, it was not a great success in maintaining registration: that there was a very substantial drop-off after the first year of registration for 17 year-olds to the level of registration of 18 to 19 year-olds.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, first, I declare an interest as the chair of the All-Party Group on Voter Registration. When I asked the noble Lord, Lord Wallace of Saltaire, last week what the Government were doing to deal with the scandalous situation whereby, according to the Electoral Commission, 30% of 18 to 24 year-olds are not registered, he avoided answering the question, so I will give him another chance to do so today. What are the Government doing to deal with this serious matter, because from here it seems that they are doing very little to get these young people registered by 20 April to vote in the general election?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, the Government are doing a great deal. We have provided an additional £14 million over the last 18 months precisely to deal with help in those areas. Most of that has gone to EROs in local authorities, with the largest proportion going to those in areas with a substantial number of students. We have also just funded a number of groups, many of which work with young people and disadvantaged groups, to assist in this process.

Recall of MPs Bill

Lord Kennedy of Southwark Excerpts
Tuesday 10th February 2015

(10 years, 5 months ago)

Lords Chamber
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Moved by
13: Clause 9, page 7, line 22, leave out subsection (4)
Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, Amendments 13 and 14 are in my name and that of my noble friend Lady Hayter of Kentish Town. I moved similar amendments in Committee. Amendment 13 removes the petition wording from the Bill, and Amendment 14 makes provision for the wording to be agreed following consultation with both the Electoral Commission and the Welsh Language Commissioner.

At present we have words in the Bill that have not been user-tested. The Electoral Commission has given some advice, but unlike the referendums in Wales and Scotland, it will not be involved in the user-testing. According to its briefing, it seems quite content with that, which in itself is a bit odd. In Committee I asked the noble Lord, Lord Wallace of Saltaire, which organisation would be undertaking the user-testing of the wording. He was not able to answer me then but agreed to write to me, which he has done and I am most grateful to him for that.

I would like to understand why the Cabinet Office launched a tender exercise on user-testing rather than asking the Electoral Commission to do the work. What was the discussion in government that came up with that decision? The Government have not been clear on that so far and it is not referred to in the briefing note from the Electoral Commission either, but discussion on this issue must have taken place. This is all very rushed and not a good way to undertake an important exercise. Putting untested petition words in the Bill, although they can be amended by regulation, is not the most satisfactory way to go about this.

I am grateful to the noble Lord, Lord Wallace of Saltaire, as I hope he will confirm the involvement of the Welsh Language Commissioner in the process but, as I said, it should be done in a much better way. I think that the noble Lord, Lord Wallace, should reconsider the position he took in Committee. This is not a very encouraging way to move forward and I think it is a bad case of putting the cart before the horse. I beg to move.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, it seems to me that the horse is actually before the cart. The noble Baroness, Lady Hayter, suggested—I thought rather unkindly—that there was a lot of cut and paste in the Bill. Actually, we have followed wherever possible agreed and established rules in comparable cases of electoral law. That seems to be an entirely appropriate way to do it.

Our decision to include the specified wording in the Bill mirrors the position for UK parliamentary elections where the form of the ballot paper appears in primary legislation but may be amended through regulations. As I said in Committee, a modest but worthwhile advantage of the appearance of the signing sheet’s wording in the Bill is that any future changes made to it will then be reflected in the text of the parent Act, which helps to make the law as clear as possible for petition administrators, parties and campaigners.

I agree that it is important to check that the wording is fit for purpose. That is why we have committed to user-test it with input from the Electoral Commission on the user-testing specification. If changes are identified, these can be made through regulations which require the approval of both Houses. We currently have a tender out for a supplier to undertake this work in consultation with the Electoral Commission.

On the question of consultation with the Welsh Language Commissioner, I can reaffirm that the Government will prepare a Welsh translation of the wording in secondary legislation, as is the practice at other statutory polls, using a power and following a principle established in the Welsh Language Act 1993. This translation will be subject to user-testing in the same way as the English version, and we will consult the Electoral Commission’s Welsh language experts to ensure that the translation is accurate and user- friendly.

The Welsh Language Commissioner has no formal statutory role in assessing electoral forms and notices. I am in favour of those with an interest in the process being involved in and aware of user-testing, although it would be unusual to provide a statutory role for the commissioner here and not in respect of other polls. In summary, I believe it is important that the wording of the petition appears in the Bill, and that it is user-tested and commented on to ensure that any improvements which are identified can be made. With those reassurances that we are following established practice in both respects, I hope that the noble Lord will feel able to withdraw his amendment.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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I thank the noble Lord for his response. I still think it is an odd way to be moving forward. I am not sure that the Government have thought this through particularly well. We are trying to help the Government with these matters, but at this stage I am prepared to withdraw the amendment.

Amendment 13 withdrawn.
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Moved by
16: Clause 9, page 7, line 35, at end insert—
“( ) The petition officer must not make public a running total of signatories to the recall petition during the signing period.”
Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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My Lords, the two amendments in this group are in my name and that of my noble friend Lady Hayter of Kentish Town. Amendment 16 mirrors an amendment tabled in Committee by my noble friend Lord Hughes of Woodside.

I disagree with both the Government and the Electoral Commission on whether, when the recall provisions have been triggered, it will be a local event with a local feel. It would be a grave error for a running total to be published throughout the eight-week signing period. It will be a national event and a potential media circus, with different outlets reporting daily on the number of people who have signed the petition. If the noble Lord is not minded to accept my amendment, I hope that he will confirm very clearly to your Lordships’ House that this will not be allowed to happen and that in the regulations that will be issued it will be explicit that the number of people who have signed the petition cannot be released under any circumstances during the signing period.

Amendment 18 requires the petition officer to make public the number of people on the electoral register at the cut-off period before the petition process opens. This will enable everyone to be clear on the number of signatures needed to trigger the recall process. It is very important that everyone involved in the process is clear on the number of signatures needed to have a Member of Parliament recalled, and for there to be no doubt about what that figure is.

Again, if the Minister is not minded to accept my amendment, I hope that in responding he will give a clear assurance to the House that this will be explicit in the regulations he issues. I beg to move.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, I am very happy to confirm that the Government’s intention is that the regulations will require the petition officer to make public the number of eligible electors in the constituency—as has been suggested—and that the regulations would not sanction the issuing of a running total during the petition process itself.

As I said in Committee, the Bill does not specify whether a running total should be published, but further detail would be a matter for the conduct regulations. It would not be consistent with the level of detail in the Bill to specify these matters here but I can assure the noble Lord that we have heard and understood his arguments, that we agree with them and that they will be adequately covered in the regulations. On that basis I again hope that he is sufficiently reassured to be able to withdraw the amendment.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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I thank the Minister for his response. I am reassured and am happy to withdraw the amendment.

Amendment 16 withdrawn.
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Moved by
17: Clause 10, page 8, line 12, at end insert—
“( ) Any persons wishing to apply to vote by post, who are not interested to do so before the Speaker’s notice is given or on the cut-off day, must do so no later than the end of the fifth week of the signing period.”
Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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My Lords, Amendments 17, 19 and 20 again are in my name and the name of my noble friend Lady Hayter of Kentish Town.

Amendment 17 would bring in a deadline of the end of the fifth week to be able to apply to sign the petition by post. At both Committee stage and in the memorandum which outlines the draft regulation, the only information provided by the Government on the limitations on signing the petition by post was that the procedures for elections and referendums would not be appropriate for the recall process. However, a letter to my noble friend Lord Hughes of Woodside stated that the Government intended to maintain the same time limits. So can the Minister tell the House why 11 days is deemed appropriate? Who has been consulted on this?

Even with the Government’s commitment to increase the number of signing places from four to 10—which is welcome—it is reasonable to believe that there will be a greater demand to sign the petition by post. Given all that, does the Minister think that 11 working days will be long enough to check—and double-check—all the applications that may be received? Our amendment allows for a longer period to check that everything is okay. It enhances security and enables greater vigilance to be deployed by petition officers, as they will have more time to undertake their work.

Amendments 19 and 20 are the same as those I moved in Committee. They raise the penalty for double signing from an illegal practice to a corrupt one. I was disappointed that the Minister did not accept those amendments then. I have had some discussions with him outside the Chamber and I would be interested to hear careful words from him that clearly state that the reasons for double signing will not necessarily be the same and that therefore on some occasions prosecutions in the corrupt band would be necessary, while in others they would be in the illegal band.

As I said in Committee, a corrupt practice at an election includes things such as impersonating another individual to use their vote, signing and submitting a false election expense return or attempting to bribe, treat or use undue influence on a voter, whereas an illegal practice includes not putting an imprint on your leaflet. The noble Lord must surely accept that the former offences are more in keeping with the double signing offence than are the latter. I would be interested to hear the Minister’s response to this and other points I have raised. I beg to move.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, I thank the noble Lord for again raising these issues, which we have discussed in Committee. As I stated in Committee, the detail of how postal and proxy signing will operate will be dealt with in the regulations made under Clause 18. This again mirrors the approach made at UK parliamentary elections, where the rules for absent voting appear in secondary legislation.

Therefore, the Bill itself does not set a deadline by which postal signature sheet applications must be received. At an election this is usually the 11th working day before the poll, which allows applications received in the days just before and up to the deadline to be processed and postal ballot packs issued to electors for them to complete and return in time for the close of poll.

As I previously stated, for a petition it is possible to set a deadline during the petition signing period itself. The last day of the period is, in effect, analogous to polling day at an election, so there needs to be a cut-off point. I therefore have some sympathy with the policy suggestion made by this amendment, and can confirm our intention that the regulations will set a deadline. However, the amendment is not necessary, as the regulation powers in the Bill are sufficient to enable a deadline for applications to be set.

It would be prudent to ensure that the rules about postal and proxy signing are set out clearly in a single place for the benefit of practitioners and campaigners, and in this sense it is not helpful to specify the deadline for only postal signature sheet applications in the Bill. So the regulations will set out regulations for both postal and proxy voting.

Amendments 19 and 20 would modify the nature of the offence in the Bill for signing the petition twice, making it a corrupt rather than an illegal practice. It does this by amending provisions in the Representation of the People Act 1983 that apply to the offence of double voting. These amendments were originally tabled in Committee.

Clause 12 makes it an offence for two or more signatures to be added to the petition by or on behalf of any individual elector, just as in elections it is an offence for two or more votes to be cast by or on behalf of an individual elector. As was noted in Committee, Clause 12 mirrors the offence of double voting in electoral law in terms of the maximum penalties that apply upon conviction. First, a person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale, which is up to £5,000—a not inconsiderable sum. Secondly, a person convicted of the offence is incapable for a period of three years of being registered as an elector or voting in parliamentary elections and local government elections in England, Wales, Scotland and Northern Ireland, being an MP or holding a local government elective office in England, Wales or Northern Ireland. The sentencing court has the option partially or wholly to waive these incapacities.

The amendments proposed would modify the first of these two aspects, with the result that a person convicted of double signing would be liable on conviction to a prison sentence of up to two years. In this respect, the amendments treat the offence like an even more seriously corrupt practice in electoral law such as personation, either by impersonation or via an absent vote.

I read through all this with great fascination. My wife votes twice, and has voted twice for some time, holding a proxy as she does for our son, who has been working in the United States for some time. One of the greatest delights in the past week is that he has just accepted a post at Edinburgh University—so her second proxy vote will be removed as he returns to this country.

The amendments do not amend the second aspect: the duration of the incapacity to vote or stand in an election. The three-year bar is retained, and replaced by a five-year bar for corrupt practices such as personation.

The Government’s view is that the penalties for illegal practices are adequate for the offence of double signing, and that the penalties for corrupt practice are more appropriate for these even more severe offences. Our consideration is—again given the existing law covering electoral offences—that it would be inappropriate to arrange for a different set of standards for petition elections than holds for other forms of election. I hope that that is clear. We are attempting to be consistent here and I hope that on that basis I have again reassured the noble Lord. His knowledge of electoral law is—I am well aware—deeper than mine, but I hope that he will be able to withdraw his amendment.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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I thank the Minister for his response. I hope that outside the Chamber we may be able to have some discussions about the question of the signing period for applying for a petition vote. There is some issue about the 11 days and the sheer amount of pressure on returning officers to deal with that, so I hope that we can do that. The offence of double signing, if proven in a court of law, would sit more comfortably with corrupt rather than illegal practice. However, at this stage, I am happy to withdraw the amendment.

Amendment 17 withdrawn.

Recall of MPs Bill

Lord Kennedy of Southwark Excerpts
Tuesday 10th February 2015

(10 years, 5 months ago)

Lords Chamber
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Moved by
24: Schedule 5, page 56, line 41, leave out “, on request,”
Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, Amendment 24, which is in my name and that of my noble friend Lady Hayter of Kentish Town, would ensure that all returns by campaigners are subject to being checked by the Electoral Commission. Our amendment deletes the phrase “on request” from paragraph 8 of Schedule 5 and thereby requires a petition officer to deliver a copy of all the recall petition returns they have received.

This is a small but significant amendment and will require the Electoral Commission to take a greater role in the process than it currently seems prepared to do. I understand why it appears reluctant to do more. We hope that recall will never have to be used but if it is, it will be infrequent. Therefore, we do not believe there will be an overburdening of the Electoral Commission with vast amounts of additional work. As a former member of the Electoral Commission, I am confident that it has both the staff and financial resources to undertake this work, which will be required extremely infrequently. As I said in Committee, the Commission has recently looked at the returns and produced valuable advice, and I see no reason why it could do not it in this process as well.

At present there is no obligation on anybody to check the returns of campaigners. This is surely a ridiculous situation to be in. The petition officer has to record the receipt of returns but is not responsible for scrutiny of the financial dealings of campaigners. The returns of campaigners need to be checked to ensure confidence in the process for many of the reasons that the noble Lord, Lord Wallace of Saltaire, mentioned in the previous discussion. I do not think many noble Lords will disagree with that and the Electoral Commission should be the organisation to do it, as it has the financial and staffing capacity and the expertise to do the work. I beg to move.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, the Government are keen to encourage participation in recall petitions, but in allowing this freedom of participation it is vital that the rules governing campaigning are appropriate and are complied with. In what will, we hope—as the noble Lord, Lord Kennedy, suggested—be the very rare event of a recall petition being initiated, spending and donation returns will be subject to high levels of scrutiny. This is made possible by the transparency that the Bill affords. Recall petition returns are to be made publicly available for a period of two years. Any member of the public can review these and report any evidence of wrongdoing to the police, who will investigate the matter. If it is thought that there is substance to the allegations, the police can refer the matter to the CPS, which may launch a prosecution.

A person could also lodge a petition with the electoral court if they thought that the alleged breach of electoral law had affected the outcome of the petition. As the Bill stands, the Electoral Commission is also able to produce a report on a recall petition. This report would look at the administration of the campaign, how the rules on spending and donations actually worked and whether the limits set in the Bill are appropriate. The decision to produce this report lies with the Electoral Commission. The Government consider that providing the Electoral Commission with this reporting power is vital to ensuring confidence in the process and outcome of a recall petition.

To support this, the commission has been given the power to request recall petition returns from the petition officer. This amendment, which would require petition officers automatically to forward recall petition returns to the Electoral Commission, could further add confidence in the approach to regulation taken for recall petitions. So the Government recognise the merits behind this amendment and will consider this issue further before Third Reading. At this point, and with that assurance, I hope that the noble Lord will be willing to withdraw his amendment.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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I thank the noble Lord for that. I am very pleased with the response of noble Lords and, on that basis, I am very happy to withdraw the amendment. I look forward to having a discussion between now and Third Reading.

Amendment 24 withdrawn.
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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, the proposed amendment would alter Clause 21 to remove the power for the Act to be amended through regulations relating to the conduct of the recall petition process. Noble Lords will recall that this recommendation was made by the Delegated Powers and Regulatory Reform Committee in its report on the Bill, and an amendment to that effect was tabled by the noble Baroness, Lady Hayter, in Committee.

The power to amend the Act relates only to making regulations about the conduct of the recall petition process. It was originally included to allow for changes in other areas of electoral legislation, in particular the introduction of individual electoral registration. Now that such reforms have been made, we do not believe such a power is justified in this case.

The Government have since responded to the report of the Delegated Powers and Regulatory Reform Committee, agreeing that such powers should be taken with care and that, in this instance, the power is no longer necessary. The Government have therefore tabled this amendment to remove the power to amend the Act through conduct regulations. I beg to move.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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My Lords, Amendment 25 removes the words “including this Act” from the Bill. The Delegated Powers and Regulatory Reform Committee thought that these words would permit the infiltration of substantial and significant provisions into the Bill, and we agree. This is the amendment that my noble friend Lady Hayter moved in Committee, and I am delighted that the Government have listened to the Delegated Powers and Regulatory Reform Committee and the Opposition in this respect. We agree with them that this was a step too far. I support the amendment.

Amendment 25 agreed.

European Parliamentary Elections (Amendment) Regulations 2015

Lord Kennedy of Southwark Excerpts
Monday 9th February 2015

(10 years, 5 months ago)

Grand Committee
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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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My Lords, I shall speak also to the draft Representation of the People (Scotland) (Amendment) Regulations 2015 and the draft Representation of the People (England and Wales) (Amendment) Regulations 2015.

The first draft instrument before the Committee today, the European Parliamentary Elections (Amendment) Regulations 2015, amends the rules for the conduct of elections to the European Parliament to make two consequential changes concerning electoral registration and proxy voting that arise from the move to individual electoral registration—IER.

The instrument also provides for notices containing information about the completion of postal ballot papers to be sent, ahead of the general election in May, to postal voters whose postal voting statement was rejected at the European Parliament election in May 2014 due to an error made by the voter. I will set out the two consequential changes arising from the move to IER which was successfully introduced last year and which, for the first time, enables people in Great Britain to apply online to register to vote. More than 5 million people have now applied under IER, and two-thirds of them have applied online.

The instrument includes provisions which relate to the date relevant to assessing certain grounds for excluding electors from voting at European Parliament elections, including removing references to “15 October” as a relevant date for registration purposes. The instrument also requires proxies at a European Parliament election in Great Britain to be already registered to vote under IER at that election. This is intended to enhance the security of the voting process. These changes mirror provisions that have been applied already for other polls.

Electoral registration officers—EROs—are already required to inform electors after a poll where their postal vote has been rejected because the signature or date of birth used as a “postal vote identifier” that they have supplied on the postal voting statement failed to match that held on record—or because it had simply been left blank. This is to help ensure that these electors can participate effectively in future elections and not have their ballot papers rejected at successive polls because of a signature degradation or because they are making an inadvertent error.

These postal vote provisions applied for the first time at the European Parliament election in May 2014. Although over time we would expect the number of rejected postal votes to fall, because the provision has only recently been introduced we considered that it would be beneficial for those postal voters whose postal voting statement was rejected in May 2014 to be sent information about the completion of postal ballot papers ahead of the general election. EROs will be required to send this during a 10-day period beginning on 19 March 2015. This period has been set as an appropriate time for notices to go out ahead of the general election, and before postal votes could first be received at that poll.

The notice will set out information on the requirements for completion of postal voting statements to help ensure postal voters correctly complete them at future polls. I think that I am right in saying that roughly one in 40 postal votes was rejected at the European Parliament elections—and, clearly, that is a proportion that we very much want to reduce as far as we can. The notice will be for information only, and follow-up action will not be required from the voter, though it will be possible for voters to contact the ERO to resolve the issue that caused the postal vote to be rejected: for example, to correct the date of birth record for the elector held by the ERO.

I am aware that the Electoral Commission and the Association of Electoral Administrators have raised concerns about the proposal on the grounds that there is potential for voters to get confused if they have already made changes to their postal vote provisions following the initial notification, or if they have successfully voted by post in an intervening poll. We have listened carefully to these concerns, but we consider that the second notification will add value. For example, it will be helpful to postal voters who may have forgotten that they received the earlier communication or did not take action at the time they received it to update their personal identifiers. That is part of our answer to the communication from the Electoral Commission issued at lunchtime today.

Our objective is to enhance understanding among postal voters of the postal voting process, which will be timely ahead of the general election. It is simply telling those who have made an error in the past how to get it right, helping to ensure their future participation. I emphasise yet again that the Government’s intention for the forthcoming general election is to maximise the number of people registered, and then to maximise the number of those registered voters who vote successfully.

I turn to the other instruments before the Committee today: the draft Representation of the People (Scotland) (Amendment) Regulations 2015 and the draft Representation of the People (England and Wales) (Amendment) Regulations 2015. These instruments will make refinements designed to improve the processes for making and verifying IER applications: first, by amending requirements as to the documentary evidence to be provided to the ERO when applying for the alteration of an elector’s name on the register; and, secondly, by making it possible for annual canvass returns to be made in a range of formats.

Under the existing regulations, an elector wishing to change their name on the electoral register has to submit a form to their ERO along with a marriage or civil partnership certificate, an overseas marriage or civil partnership certificate deposited with the General Register Office—the GRO—or a deed poll or amended birth certificate. The Foreign and Commonwealth Office discontinued its service of depositing overseas marriage or civil partnership documents with the GRO last year. The draft regulations remove the references to the specific documents and replace them with a reference to “documentary evidence”. It will be up to EROs to decide what evidence they deem to be acceptable in supporting a change. However, ministerial guidance will be available when the regulations come into force, which will set out examples of acceptable documents.

Under the draft regulations, information as to name, date of birth and national insurance number relating to all applications for registration or change of name made otherwise than directly through the IER digital service must also be sent by the ERO for verification against DWP records. The instruments slightly amend the statement in the HEF annual canvass form that the information given in response to the form will be processed in accordance with the Data Protection Act 1998 to replace an incorrect reference to the application form with a reference to the annual canvass form. The existing regulations require returned HEFs to include a “signed declaration of truth” to confirm the validity of the information provided. This requirement for a signature effectively limits HEF returns to being a paper-only transaction. Under the draft regulations, the person completing an HEF is required to make a declaration of truth and give their name, but that declaration does not need to be signed. This will allow for the information in HEFs to be provided online or over the phone.

The draft instruments also delete the regulation which allows for register entries to be carried forward from one year to another, which will no longer apply under IER, and make a consequential amendment in relation to notices of alteration to the register relating to removals from the register when people have died.

In the Scottish regulations, in addition to the provisions set out above, there is a technical provision to amend a regulation on cancelling postal ballot papers by omitting a reference to local government elections in Scotland. This is not needed as the Scottish Government have regulations which cover absent voting matters.

The Electoral Commission has been consulted on these two instruments and was satisfied overall, but raised a number of comments to which the Government have responded to the satisfaction of the commission. The Information Commissioner’s Office has also been consulted but did not consider that the instruments raised any new or significant data protection or privacy issues.

In conclusion, the three instruments before the Committee today will play a part in refining the processes underpinning applications to register to vote as we continue successfully to implement individual electoral registration across Great Britain, and help support effective participation by postal voters. I commend them to the Committee.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, as the noble Lord, Lord Wallace of Saltaire, explained to the Grand Committee, we have three orders before us today which are being debated together.

The first, which is the European Parliamentary Elections (Amendment) Regulations 2015, will enable and require EROs to write to everyone who had a postal vote at the European election last year and had that vote rejected due to discrepancies between the identifiers held by the ERO and what was completed and returned with the ballot paper.

All voters who had their postal vote rejected at that election will have been written to before, and this, in effect, is a reminder of the problem that led to their vote being discounted and gives them another period to correct the situation. I broadly agree with the noble Lord, Lord Wallace of Saltaire, that that is a good thing to do, but I understand the concerns raised by the AEA and SOLACE in respect of voter confusion, if they have made changes following the previous communication from the ERO.

Does the Minister have the number of postal voters who will be written to—I know that he said one in 40, but how many is that? Is it millions or hundreds of thousands of people? Does he have a breakdown of how many postal voters per ERO? What assistance will the Cabinet Office give to EROs who have a particularly high number of people who need to be written to?

I see that the regulation applies only to Great Britain, so what are the provisions in respect of Northern Ireland? I also note that the political parties were not consulted on it. I think that that is very regrettable. There is considerable expertise in all the parties which could be valuable to the Cabinet Office and the Government. I know that the noble Lord will say that it is up to the Electoral Commission whether to consult with the political parties; I can tell him that it does not. It is a shame that the parties are not in some way involved in the process.

I, too, received the briefing from the commission at about 1 pm this afternoon, and I note that it is not very happy with the order. Will the noble Lord take back to the Electoral Commission that we expect to have its notes in a much more timely manner? No one could take them into account; they arrived literally an hour or two before the debate. It is a waste of time looking at them at this point. I do not agree with the point that it is making, but it is a waste of its time sending the briefing round so late.

The next two regulations amend the process for registered electors to change their name on the published register and for how information on the household inquiry form may be returned to electoral registration officers. I have no issues with these regulations, but I note again that no consultation with political parties has taken place, which is most regrettable.

The commission just does not consult parties on such matters, and the Cabinet Office is losing out on valuable feedback from people who can give a different perspective on these matters. Asking an organisation for its views does not mean that you have to agree with those views. It is a real failure that we do not involve parties much more in this stuff.

My only other comments are in respect of IER in general terms. I still worry that we are not quite getting there. I mentioned in the House last week that to have 30% of our 18 to 24 year-olds not registered to vote is a terrible situation for a mature democracy such as ours. I also said in the Chamber last week that if that was true in any other country in the world, the noble Lord himself would be saying that the British Government expect it to get that sorted and get those young people onto the voting roll. The problem is that this is happening here in our country—our own back yard.

What will the noble Lord be saying to the UN or the Organization for Security and Co-operation in Europe, or its Office for Democratic Institutions and Human Rights—all bodies to which we are signed up and whose initiatives we support—if they decide that what we are doing is not good enough? Is he ready for an inspection to take place by those organisations before or after the general election?

Having said that, I am content to support the orders before us today.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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I thank the noble Lord, Lord Kennedy, for his comments and I recognise his very considerable expertise in this area. I used to think that I understood something about electoral law but I learnt that there is a great deal more than I do not entirely understand.

My understanding is that we are talking about more than 100,000 postal voters being written to—some 114,000 is the figure that I have in mind—and the cost of this, which is thought to be somewhere above £100,000, will be reimbursed. I do not have to hand the exact figures for which areas will be most affected.

There are all sorts of reasons why people do not complete their postal ballots correctly. I am told that one of the commonest problems is that husbands and wives, completing their forms over the breakfast table, often put them in the wrong envelopes and thus the forms have the wrong signifiers on them. However, there is a range of other reasons, including that if people are ill—if they have had a stroke, for example—their signatures change radically.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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Another one is that people put down that day’s date rather than their date of birth. I think that that is the biggest one.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
- Hansard - - - Excerpts

Yes, certainly. The noble Lord regretted the lack of consultation with political parties. The view was taken that these amendments to the regulations were sufficiently technical that they would not be of great interest to the political parties. However, I take his point and we will do our best to keep the Parliamentary Parties Panel informed of planned changes and not just of planned legislative changes.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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I get the point that these changes are fairly technical, but the Electoral Commission has a political parties panel, which it was required to set up under PPERA. Having been a member of that panel and a commissioner, I am not really convinced that it is officially involved in these issues. I think that there are other things on which you could go directly to parties and that that would be beneficial to the Government and the Cabinet Office.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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I take the noble Lord’s point and I think that it is a good idea in principle for the commission to give too much information rather than too little. I entirely take his point, and it has no doubt been absorbed by the officials concerned. I also take his point about the Electoral Commission’s comments having come in almost so late that there is nothing we can do with them. I am sure that that point will be referred back to the commission.

On the question of name changes on the register, we are very conscious that there are occasions—particularly, for example, with someone who is transgender or whatever—when one does not necessarily want to have one’s previous name out in public. Therefore, there is a whole set of issues concerning the delicacies, in some cases, of including previous names.

The noble Lord also raised the question of IER in general terms. I will say two things on this. First, the initial feedback from the National Voter Registration Day last Thursday is that some 160,000 people registered in one day. That is way above what has previously been the case. That was online. We do not yet know what has come in on paper but that is good news and we are continuing to work on it.

I reinforce that by saying that I addressed more than 200 students at York University on Friday afternoon, together with a panel of people from other political parties. I found that fascinating for a whole set of reasons. First, it was a crowded lecture hall with more students wanting to come than we had expected. Secondly, after it had concluded, one or two students came up to me and said, “Well, I was thinking of not bothering to vote this time, but maybe I will”. That is the problem we all have, and it is why, every time I get up in the Chamber having been asked a question on this, I say that we all have to be out there talking to as many groups of young people as we can to explain, first, how vital it is that they register, and, secondly, how important it is that, having registered, they then vote. That message has not got out to many of them and it is the underlying problem that we all face. The National Union of Students is doing a lot in that respect and we are working also with universities.

As the noble Lord will recall, the Government have just announced a further set of funding for various voluntary organisations to work, in particular, with vulnerable groups. As I said to some of the students at the end of our discussions on Friday, I have no doubt that when we come to the last possible date for registration, we will discover that a large number of young male students in particular—young female students and others are often better organised—will register at the last minute, and I very much hope that that will take us towards the high level of registration that we need.

Electoral Registration

Lord Kennedy of Southwark Excerpts
Wednesday 4th February 2015

(10 years, 5 months ago)

Lords Chamber
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Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab)
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My Lords, first, I declare an interest as the chair of the All-Party Group on Voter Registration. According to Electoral Commission research, 30% of our young people aged 18 to 24 are not on the register of electors. If this was the situation in any other country in the world 93 days before a general election, the British Government would be urging the country to pull its finger out and get people on to the register. The problem is that this is in their own backyard and entirely of their own making. What are the Government going to do to get people on the register before applications close on 20 April?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, the Government have engaged in a range of activities on social media and are using National Voter Registration Day as a means of raising national attention. Two of my ministerial colleagues are speaking in parallel at a barracks tomorrow to deal with the problem of underregistration among defence personnel. The Government will also, through the FCO, be attempting to raise the amazingly low level of overseas registration. We are working on this, but I repeat that the Government cannot do all of it on their own. I put something out on Liberal Democrat Voice, my own party’s site, two weeks ago encouraging all our activists to engage with local schools and other bodies. I am sure that the Labour Party is doing the same, in so far as it can.