Recall of MPs Bill

Debate between Lord Kennedy of Southwark and Lord Tyler

Monday 2nd March 2015 Lords Chamber

[Lord Kennedy of Southwark (Lab)]

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]

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 (Scotland) (Amendment No. 2) Regulations 2014

Debate between Lord Kennedy of Southwark and Lord Tyler

Wednesday 19th November 2014 Grand Committee

[Lord Tyler]

Before my noble friend leaves that point, is he saying that there was actually some legislative, statutory problem with the DVLA which did not apply to the DWP? If so, I totally understand the delay, but three years of delay because of some administrative, bureaucratic decision making within the Department for Transport is more depressing. I accept that good progress has been made and I hope my noble friend has not taken my contribution as being in any way negative about the overall process. However, this particular episode is not a very happy one since we were raising these issues more than three years ago.

[Lord Kennedy of Southwark]

The noble Lord, Lord Tyler, makes a very fair point. We are all looking back with care: we understand that we have to be right and proper, but it comes with a bit of a spring in your step at the same time. There is a question of care and there is also just not moving very quickly. I think we need to get on with it.

Representation of the People (Supply of Information) Regulations 2014

Debate between Lord Kennedy of Southwark and Lord Tyler

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.

Representation of the People (Electoral Registration Data Schemes) Regulations 2011

Debate between Lord Kennedy of Southwark and Lord Tyler

Tuesday 7th June 2011 Grand Committee

[Lord Kennedy of Southwark]

My Lords, I declare that I am an electoral commissioner, having joined the commission on 1 October last year. I fully support the thrust of the commission’s views on these important statutory instruments.

I am sure that all noble Lords want completeness and accuracy of electoral registers. We want confidence in our democracy and our electoral system. We want confidence that you will be able to vote if you want to and if you are eligible. We want confidence in those who have been elected to serve at all levels of government.

It is important that clear and reliable evidence on data matching is produced and that the evidence is robustly assessed. It is particularly important that this assessment is done carefully and represents fully what can be achieved, not least because data matching is envisaged as the primary method of ensuring the continued completeness of individual registration in 2014-15. I should welcome a response from the noble Lord, Lord McNally, on that specific point and on the commission’s concern that the timing of the schemes will coincide with the annual canvass of electors. It is important that there is clarity about the design of the data-matching schemes, so that the impact and any follow-up activity can be demonstrated beyond what the annual canvass activity would normally achieve.

Can the noble Lord give any further information on the agreement to process the data? It is particularly important that personal data are handled carefully and are protected. The commission has specifically recommended that the approach to the delivery of each pilot area should also form part of any written agreement, so that the commission can fully evaluate each scheme.

Finally, the noble Lord will be aware that the commission is required to produce an evaluation report on the operation of the scheme by 1 March 2012. To achieve this, it will be important that EROs are able to provide the commission at agreed intervals during the schemes’ operation with the information needed. Clarity about the design and delivery of each scheme will ensure that the commission is able to undertake its statutory evaluation effectively and that the results can inform future policy development on electoral registration. I am of course happy for the noble Lord to write to me to clarify a number of these points.

[Lord Tyler]

My Lords, I am glad to follow the noble Lord, Lord Kennedy, because I know that he shares the commitment that we have on all sides of the House to make the electoral register as comprehensive and accurate as we can.

In the debates earlier this year on the Parliamentary Voting System and Constituencies Bill, there was a great deal of discussion about under-registration. That was not the first time that the issue was raised. The noble Lord, Lord Wills, gave a great deal of attention to this in the previous Government. I recall that on a number of occasions in Grand Committee on the Political Parties and Elections Bill we had considerable discussions about the right momentum and the right progress needed to improve the level of registration. On a number of occasions, previous Administrations—like the present Government—have looked at ways in which data matching could assist this purpose.

It is important to note that there was an improvement during the calendar year 2010; in the last few days there have been some interesting improvements, too, which I notice that colleagues on the other side of the House have also seen. The context of that was a very exciting general election at which, for the first time in some people’s political memory, it looked as though the outcome was not certain. In those circumstances, there was an increase, particularly—and this is encouraging—among the younger age group, which notoriously in the recent past has not registered. We should take encouragement from the fact that, if we can make politics more interesting and outcomes more indeterminate, we can increase registration. It is not only a mechanical operation but a political one to get as many of our fellow citizens engaged as possible.

The integrity of the register is a question of making sure that those who should be on are on and that those who should not be on, or are there in duplicate, are not on. Therefore, accuracy and integrity are the same thing.

The PPE Act, as the Bill became, set fair and square registration objectives. They are,

“to secure, so far as reasonably practicable—(a) that persons who are entitled to be registered in a register are registered in it, (b) that persons who are not entitled to be registered in a register are not registered in it, and (c) that none of the information relating to a registered person that appears in a register or other record kept by the officer is false”.

Obviously, the instruments that are before the Committee today seek to build on that responsibility, which lies not only on the Government but on all of us. I appreciate the clarity with which my noble friend introduced the instruments, which I welcome.

Those objectives are clearly uncontroversial and it is a matter of some puzzlement to our fellow citizens that sometimes the electoral register seems to be totally unrelated to the other information that has been gathered on behalf of local or central government. They find it peculiar; they think that we are all the same thing. They think that Parliament and the Government are the same thing, let alone local authorities and other parts of the state system. They think that we are all part of the same bureaucracy. For example, those who are accused of filing a housing benefit form inaccurately will often cite the presence of all members of their household on the electoral register as a necessary and understandable defence. Who can blame them? They think that that is an official document and therefore can be quoted as such.

Those kinds of situations raise the question of whether the flow of information from government departments into councils will be a two-way process. Will it work in both directions? The Secretary of State for Work and Pensions—this is in the order—might give information on the DWP’s database to the electoral registration officer in Blackpool, but will the DWP then use the comparison data to identify potential fraud on its own books? I do not expect my noble friend to answer on behalf of the other department this afternoon, but I think that this is a subject where our fellow citizens would genuinely like to know whether there is an answer.