Representation of the People (Supply of Information) Regulations 2014

Lord Maxton Excerpts
Monday 16th June 2014

(10 years ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
This instrument is intended to assist political parties to ensure that electors in constituencies about which they are most concerned are included. It may be that very few will be found, but at least we will have done our best to ensure that everyone is caught. I know your Lordships are all passionate about maximising registration. So am I. The political parties can play a significant part in maximising registration as we make the transition to IER in Great Britain. I therefore commend these enabling regulations for that key activity to the Committee.
Lord Maxton Portrait Lord Maxton (Lab)
- Hansard - -

My Lords, the Minister would be surprised if I did not make some comment, but I shall be very brief. All of this would be totally unnecessary if the Government had not got rid of identity cards—what would now be called smart cards—at the beginning of this Parliament. If they had not done that, none of this would be necessary. We would have moved to compulsory ID cards and compulsory registration. All registration would have been based on the ID cards and that would have solved an awful lot of problems.

Lord Tyler Portrait Lord Tyler (LD)
- Hansard - - - Excerpts

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

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

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

Lord Maxton Portrait Lord Maxton
- Hansard - -

Is not one of the reasons—I emphasise only one of the reasons—is that young people in particular see politics as somehow divorced from the trends and the movement of technology in our country? That is why they have switched off from it.

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

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

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

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

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

Public Services: Economic and Climatic Challenges

Lord Maxton Excerpts
Thursday 23rd January 2014

(10 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Maxton Portrait Lord Maxton (Lab)
- Hansard - -

My Lords, I thank the noble Lord for being slightly briefer than the time he was allowed. I also congratulate and thank my noble friend Lord Rooker for getting this debate, and for speaking so forcefully on it. Some of us, with not longer memories than that of the noble Lord, Lord Brooke, but with perhaps a more selective memory, of course remember the Rooker-Wise amendment back in the 1970s. Those of us who come from a certain tradition remember with a great deal of pride that he moved that amendment and the Government acted upon it.

I will make the debate a little broader than it is at present.

None Portrait Noble Lords
- Hansard -

Ha!

Lord Maxton Portrait Lord Maxton
- Hansard - -

Well, not the debate; the debate is broad but the content so far has been limited. I am not going to talk about floods because, to be honest, I spent the period of the floods in Scotland where, although there were some floods, we did not suffer anything like as much. I spent the new year period on the Isle of Arran, where we have had worse new years than that.

We live in a society that is much changed and improved from the one that was there when the Labour Party—and my own family goes back a long way in the Labour movement—was formed. We ought, on this side of the House, to take a certain amount of pride in what we have achieved in the past 100 years, because we have achieved a great deal. However, one thing above all that we have achieved, which is where resilience comes in, is that there has never in those 100 years been an armed revolution, an uprising, in this country. I sometimes say that, historically, the only party in this country which has ever suggested an armed uprising is the Conservative Party, which in 1913-14 suggested that Ulster would be right if it rose up against the British state and armed itself and fought. Anyway, we have not had a revolution.

One of the reasons that we have not had a revolution is that the Labour Party has been democratic. We have believed in achieving our aims through democracy and not through some form of uprising or revolution. In my own city of Glasgow in 1919, there was a threat; people observed it as a threat and the Government of the day thought that it was a threat, but it never was—there was never a chance of there being a Russian revolution in this country. We must be aware of that fact, but we must also be aware that the world has changed very dramatically and we have helped that change. We live in a world which is changing very fast indeed; it has changed and will continue to do so. It is our job, in political circles, to manage the change that is going on. It used to be when I joined that our job in the Labour Party was to change society; now society is changing, and it is our job to manage that change for the benefit of those we represent.

There are two areas where we are not changing fast enough. One is in our democratic state itself. We are not developing our democracy fast enough and adapting our democracy to the changes. This building itself is representative of that fact. The building is falling down: everybody says it, and what do we do? We are talking about mending it, repairing it, changing it and staying here. This building was built before the motor car was invented, before television, before radio, before computers: it was built for carriages and for a class society that no longer exists, I hope. So why do we stay here? Why do we not build a brand new building for the 21st century somewhere else, designed for the technological revolution that has taken place, where we can genuinely carry out our democratic government processes, while we spend the money to turn this place into a high-class museum based around democratic principles? That is what we ought to be doing.

More importantly, we ought to look at how we carry out our democracy. The Minister will know well what I am about to say. The idea of voting in a general election by going to a school and putting a cross on a piece of paper with a pencil is absurd to many of our young people, for whom mobile technology is part and parcel of their life. It is one reason, only one, why our young people are put off the whole democratic process. They feel it has nothing to do with them. They vote on “Strictly Come Dancing” or “The X Factor” using their mobile phones. I am not suggesting that that is how we proceed. I know well, because my sons have admitted it, that they voted five or six times in some of those contests: there is no checking on it.

If we had some form of ID, some form of smart card technology, to say, “This is how you can vote, as long as you can prove who you are, and you can only vote once”, surely that is the way forward. It is a way to attract young people, a way of both stopping fraud in our electoral system and expanding the numbers of those who are able to vote. One would no longer be tied to going to a school. One would be able to vote in a wide range of places. Eventually, one would be able to vote in one’s own home and therefore the number of people who would be able to vote in general elections should—and will, in my view—increase quite considerably. It would also lead to a greater respect for politics among the young.

I have to ask both those on the Benches opposite and those on our own Benches to accept that the compulsory introduction of some form of smart card identification is going to be absolutely necessary in a modern world. We cannot go on avoiding this issue. Someone once described it to me as “a King Canute issue”, but I think that that is very unfair on King Canute as he said that it will have to come back. At some point we will have to have some form of identification, not just for electoral purposes, but it will be essential for the poor and those whom we represent in the Labour movement. All of us carry some form of ID: our parliamentary pass, our bank card, our passport, whatever it might be. It is the poor who lose out all the time from not having some form of identification which recognises them—through their social security or whatever it might be. We need to have some form of ID card compulsorily introduced, and I hope that our Labour Party will have that as part of its manifesto in 2015.

I turn lastly to the issue of education. I accept that my own experience is in a different education system, in Scotland, but I have a general point. It is absurd that in this day and age, when nearly all the world’s knowledge, philosophy and ideas are available on my tablet—here it is—or one even smaller than this, that we have a Secretary of State and a Government talking about returning to the basic principles of numeracy and literacy, sitting children in school, learning by rote. What sort of world is he living in? It is absurd. We ought to be ensuring that every child has access to learning, teaching them or showing them how to learn.

I would not dream of going to the library and looking up a fact. If I want a fact I look it up on this tablet. If I want to know what a philosopher thought, I look it up on this. I do not go running to a library or expect a teacher to have to tell me; I want to learn. Therefore our basic philosophy in education should be that education is about learning; literacy, numeracy and the other things are tools by which people learn. If they become redundant, as the wringer in the wash-house has become redundant, as all sort of tools have become redundant, then so be it.

I have not picked up a book in two years; I read a Kindle or I read on the tablet. I can read anything I want, and I can get it in two and a half minutes. I do not have to go to a bookshop and look at the books; I get it straightaway. Why is this not being made more readily available to our children so that they, too, can get this benefit in full? Many of them do; they are the middle-class children, the children of those of us who know how to manipulate and use the electronic systems. We must look to turn our education system towards learning, rather than teaching, towards children being able to use electronic devices to learn from, rather than all the time concentrating on the so-called basic skills that they need.

I finish by making this plea again. Please, please, please, we have to have an ID card. Please make sure that it is introduced as soon as possible.

Electoral Registration

Lord Maxton Excerpts
Wednesday 22nd January 2014

(10 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
- Hansard - - - Excerpts

My Lords, my right honourable friend Greg Clark made a speech to the Association of Local Authority Chief Executives only last week in which he spoke about the provision of targeted additional funding to those local authorities that are shown in the confirmation dry run to have the greatest difficulties. There are now a number of local authorities where, on the data matching, we are already above 85% confirmation, and that is much better than we had initially thought.

Lord Maxton Portrait Lord Maxton (Lab)
- Hansard - -

My Lords, while it is too late for this for the next general election, surely the Government have to wake up to the fact that we need electronic registration, done with ID cards, and that, by 2020, the general election will be held not only with a register based on ID cards but will be electronic itself.

Political Parties, Elections and Referendums (Civil Sanctions) (Amendment) Order 2013

Lord Maxton Excerpts
Tuesday 29th October 2013

(10 years, 8 months ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
- Hansard - - - Excerpts

My Lords, in moving this Motion, I shall speak also to the next Motion standing in my name on the Order Paper—that is, on the Representation of the People (Ballot Paper) Regulations 2013. I shall speak to those regulations first. They amend provisions in the parliamentary elections rules set out in the Representation of the People Act 1983 to make changes to the form of the ballot paper used at UK parliamentary elections. The changes are being made following widespread consultation involving a programme of public user testing and are designed to make the ballot paper clearer and easier to use, and so to facilitate electors’ engagement with the voting process. The intention is for the new ballot paper to take effect for any UK parliamentary by-election arising on or after 22 May 2014, and for the general election scheduled for May 2015.

The draft regulations are being made as part of a wider exercise that will see the introduction through secondary legislation of a set of up-to-date forms and notices to be used by voters—including poll cards, postal voting statements and the ballot paper—at UK parliamentary, European parliamentary and local elections and also other statutory elections and referendums, which are intended to make the voting process more accessible. This reflects moves in recent years to modernise the appearance of forms used by voters at newly created polls, such as the police and crime commissioner elections and the 2011 referendum on the parliamentary voting system.

The revised material—including the ballot paper we are considering today—has been produced following a programme of public user testing and consultation with the Electoral Commission, the Association of Electoral Administrators, territorial offices, electoral services suppliers and with Scope. The regulations make changes to the layout of the ballot paper. They do this, first, by, for example, providing for the left alignment of candidates’ details, which reflects the way in which people read English—that is, left to right. Secondly, they introduce a requirement for the ballot paper to display the title of the election. The title of the election must also be printed inside a box to give it prominence. This helps to remind people which election they are voting in, which is particularly important if the election is combined with another poll.

Thirdly, the regulations replace the traditional grid pattern on the ballot paper with horizontal rules that allow the voting box to float freely between them. This will help electors with certain eyesight problems who found the old design difficult to use. Additionally, the regulations require a final bold horizontal rule to be added to delineate strongly the end of the ballot paper. The regulations amend the directions for the printing of the ballot paper to support the changes being made to the layout, wording and design of the ballot paper.

As I have indicated, the Government have consulted the Electoral Commission and other stakeholders over the new ballot paper. Further, in line with what has become established practice for new voting forms, the ballot paper has been subject to public user testing. Representative samples of members of the public in different parts of the UK have therefore had the opportunity to input their views on the clarity and accessibility of the current ballot paper and the proposed new ballot paper, and to influence the proposed changes. This resulted, for example, in the pictorial depiction of the cross to be put by the voter in the box next to their choice of candidate to be more prominent in the guidance to voters on the ballot paper. The Electoral Commission, stakeholders and members of the public involved in the user testing have all been supportive of the proposed changes, agreeing that they are an improvement on the current design.

The Government are committed to supporting electors’ participation in elections and effective electoral administration. The proposed changes to the form of the ballot paper provided by the regulations will make it clearer and easier to use and therefore will improve electors’ experience of voting in UK parliamentary elections. I commend the regulations to the Committee.

I turn now to the Political Parties, Elections and Referendums (Civil Sanctions) (Amendment) Order 2013. The Political Parties, Elections and Referendums Act 2000 places a number of requirements on parties and officers. These include the provision of quarterly donation reports and annual accounts. The Political Parties and Elections Act 2009 provided the Electoral Commission with new investigatory and civil sanction powers. These powers were introduced to remedy the practical difficulties the Electoral Commission found with the limited investigative and sanctioning powers provided for by the 2000 Act. The Electoral Commission has been able to use these additional powers since 2010. They include fixed or variable monetary penalties, compliance notices and stop notices. The Political Parties, Elections and Referendums (Civil Sanctions) (Amendment) Order 2013 makes two technical amendments to this regime. These changes have been requested by the Electoral Commission in the light of its experience of using these civil sanctions.

First, the order allows the Electoral Commission to impose a fixed monetary penalty or discretionary requirements on a registered political party and similar bodies in circumstances where a party office holder or responsible person has committed a prescribed offence. The Electoral Commission has highlighted a concern that it is unable to sanction a party for breach where an individual has committed an offence; only the individual. In certain circumstances it is more appropriate to sanction the party, for example, where the individuals responsible for compliance are frequently changed or where the breach arises from the individual following a party policy.

Secondly, the Electoral Commission will be able to recover a non-compliance penalty in England and Wales as though it was payable under a court order. This means that if such a penalty is unpaid, the Electoral Commission does not need to make a claim in the courts in order to enforce payment. Instead, it can proceed straight to taking enforcement action as though it had already obtained a judgment following such a claim. Presently, this power is available to the Electoral Commission for various financial penalties under the civil sanctions regime, but not in relation to non-compliance penalties, which the order seeks to rectify.

The Electoral Commission has discussed these changes with all the political parties, which have raised no concerns. The Government have consulted the Electoral Commission on the draft order, which responded on 3 June 2013 to say that it is content that the drafting achieves the policy objectives set out in the Explanatory Note. I beg to move.

Lord Maxton Portrait Lord Maxton (Lab)
- Hansard - -

My Lords, I will be brief. I welcome the order and the regulations because any changes that make it easier for people to vote are to be welcomed. However, we live in an electronic age, we no longer live in a paper age, and we certainly do not live in an age where we use a pencil. As I said in an earlier debate, the last place where an adult actually uses a pencil will be when they put a cross on a ballot paper. Even golfers will have turned to electronic means to keep their scores rather than recording them on a piece of paper. Surely it is time to wake up to the fact that our younger generation, who we are concerned to get involved in the political process, are moving further and further away from us in terms of how we carry on our democracy. This building is an example of how far behind the times we are in that we still practise our democracy in a building that is so out of date, being 18th or 19th century in its design.

If we are going to involve younger people, not only do we have to educate them, we have to change our democracy so that it takes them into account. They now use electronic means to do a variety of different things, as do some elderly people such as me, and use all forms of electronic devices. Why on earth are we not moving, rapidly, towards electronic voting and using ID cards—which this Government of course stopped—or smart card technology in order to ensure that the right people vote and the register is automatic? If we had some form of smart card, anybody could simply turn up and vote anywhere—eventually, even at home, by putting their card into their computer or their finger on their iPad, or whatever it might be, to prove who they are and then voting.

That would be quite possible these days and it should be part of the process. I hope that the Minister, having put these regulations through, will go away and at least start to think about where we go next.

Lord McAvoy Portrait Lord McAvoy (Lab)
- Hansard - - - Excerpts

My noble friend has outlined what should happen, and all the various ways of doing it, but has not mentioned what the benefits are of doing it.

Lord Maxton Portrait Lord Maxton
- Hansard - -

I am quite happy to take that intervention. The benefits are twofold. First, you have an automatic register and do not have this problem of people committing offences by not registering. There would be a register, and you would have an ID card that included your address, which would therefore be on the register in each constituency.

Secondly, the benefit of voting electronically through some form of ID card is that you increase the number of people who vote because you make it possible across a whole range of outlets and places, such as supermarkets or wherever it might be. People can vote provided they can prove their identity. At the same time, that does away with the problem of fraud because you cannot vote unless you have an ID card or some form of fingerprint, eye scan or whatever recognition you might use. That will ensure that we have a system which stops fraud from taking place. It will not stop all fraud but it will dramatically reduce the amount of fraud that, supposedly, takes place in elections at present.

All I am asking is that the Minister goes away and least looks at this matter. If 2015 is too soon, it will certainly be quite possible to have the first electronic election in 2020.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

I thank the Minister for introducing this debate and my noble friend Lord Maxton, who introduced me to the Kindle. I remain for ever grateful that he kicked me into the century in which we actually live. In a previous debate, I said to the Minister that he would rue the day that his party insisted on getting rid of ID cards. He has yet to admit it but I will welcome it when he does repent in that way.

We welcome the first draft order, for which the Electoral Commission asked, as the Minister told us. It allows civil sanctions to be used against the relevant organisation, whether a political party or a third party, rather than simply the “responsible person”. However, it does rather beg the question of why, under the other bit of mischief that he is up to at the moment—the “Lobbying and Interference with Civil Society” Bill that he is steering through the House—the Minister is introducing criminal sanctions. I am not quite certain what the thinking is behind that. I am also not certain, under that Bill, to whom the criminal sanctions would apply. Would it be the “responsible person” or, as with this order at the moment, the body rather than the individual concerned? In other words, is it the hapless officer who happens to have spent £20 over the cap on travel costs, their boss or the trustees of the charity? It is interesting that the distinction being made in this order between the individual and the organisation is not as clear as in the other bit of mischief he is up to. It would therefore be useful if the Government could provide clarity as to who the responsible person is under that Bill, as otherwise there will be much anxiety in your Lordships’ House, many Members of which are trustees of charities.

We are content with the regulations dealing with the ballot paper and ask the Minister only two questions. First, will he confirm that political parties have been consulted on this and not simply the returning officers that he mentioned? Although I think he mentioned Scope, I do not think he mentioned organisations such as the RNIB, which deals not just with those with no sight but also with those with restricted sight, and organisations dealing with people with other physical difficulties who may have difficulty casting a vote. Have those organisations been consulted? Secondly, can he indicate the date when we can expect to see the Welsh version of the ballot paper? I know that he has got into hot water before over the difficulties of producing a Welsh version of a ballot paper in time, so it would be useful to know when the bilingual version will be available.

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

I thank noble Lords for those comments. I am always extremely happy to listen to the comments of the noble Lord, Lord Maxton, on why we should become electronic in every single way. I am sorry that he did not read his speech from his iPad. I would have liked to see that. I should declare that I have recently acquired an iPad and am taking advantage of the offer made by a number of noble Lords to assist us in learning how to deal with its quirks. I look forward to being helped by the noble Lord’s noble friend Lord Knight of Weymouth who has offered to assist me in this regard.

As the noble Lord knows, I am very sympathetic to his approach. The question of identity assurance is, of course, the key to all this. The Cabinet Office is discussing with the individual privacy lobby—if I may put it that way—the whole question of how we move forward on identity assurance. We will be bringing forward a draft data sharing Bill in January for discussion and, I stress, pre-legislative scrutiny. At that point there will be plenty for the noble Lord, Lord Maxton, to get his teeth and his iPad into, and we will take it further forward. With the move towards individual electoral registration, we have made it possible to register electronically. That is a step in the right direction. However, as we all understand, the identity assurance issue is very important.

Lord Maxton Portrait Lord Maxton
- Hansard - -

At the moment, we can do this electronically, but we can confirm only. Is this a new way of registering? Am I correct in thinking that you can now register online?

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

That is my understanding. I will write and contradict myself if I discover that I am mistaken. Listening to the noble Lord, I recalled that at each Liberal Democrat party conference we sing the Land Song during which we all wave papers and sing, “Why should we be beggars with the ballot in our hand?”. It would not be quite the same if we were waving our iPhones. There is something tactile about the old-style ballot.

As regards the Welsh version, bilingual forms will be brought forward in due course before the polls in 2014. I am sure that the noble Baroness, Lady Hayter, understands the subtle differences between “soon”, “in due course”, and “in good time”. The political parties have been made aware of the proposed changes to the ballot paper and other forms. We understand that Scope represented a number of disabled bodies, so we have consulted widely with those who have particular difficulties in this regard.

I hope that I have answered all the questions on these SIs. The noble Baroness, Lady Hayter, raised a number of wily issues about another Bill, which she and I need to discuss in the Corridor before we move to Committee stage. I have no doubt that we will have plenty of opportunities to discuss the question she raised over the next few weeks and months.

Electoral Registration and Administration Bill

Lord Maxton Excerpts
Wednesday 23rd January 2013

(11 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
- Hansard - - - Excerpts

My Lords, this amendment is part of a group tabled in my name along with Amendments 5, 8, 10, 14 and 15. Together, they provide for an extended carry-forward of non-individually registered electors unless this is deemed unnecessary.

This group of amendments is one that I hope noble Lords on all sides of this House will welcome—indeed, names from the Labour Front Bench are attached to one of them. The amendments aim to give reassurance that the electoral register following the implementation of individual electoral registration will be as complete and accurate as possible.

My noble friends and I have set out the steps incorporated into the plan for implementation of individual electoral registration under the Bill that will help to achieve this outcome. These include: the confirmation of around 70% of existing electors through data matching; a transition period that includes the general election, when non-canvass-period registrations are likely to peak; and the numerous steps to encourage registration that are built into electoral registration officers’ duties.

However, having listened to arguments in this House and elsewhere, we can see that there is a desire for a further safeguard such as that proposed in the amendments. Their effect is to postpone to December 2016 the final date for the transition to a register made up entirely of individually registered electors following a third canvass under the new system.

The Secretary of State will, however, have a power to take that final step in 2015—in keeping with existing plans for implementation of IER—if he is satisfied that the transition to IER can be concluded at that point. Perhaps I might stress, mischievously, that this will be after the election, and the question as to who the Secretary of State will be and which party or parties he represents is of course a matter which none of us at this point knows. Let me be clear that it is this Government’s intention to continue to work towards concluding implementation in 2015, but we will review that position ahead of making a decision.

If the decision is made to conclude the transition to IER in 2015, an order subject to the negative procedure will be made by the then Secretary of State in the three months after 1 June 2015. When the annual canvass period concludes that autumn, those entries carried forward from the pre-transition register published in spring 2014, where the elector has not been confirmed through data matching or successfully applied under IER, will be removed from the register. The revised register published on 1 December 2015 will then be made up only of individually registered electors, as under the current plans for the implementation of IER.

If the order is not made, this process will be delayed by a year and will take place following the 2016 canvass, with the December 2016 register containing only individually registered electors.

I have mentioned some of the factors built into the transition to IER which the Government feel will support the maintenance of the current level of completeness. I remind noble Lords that we intend, with the encouragement of the Electoral Commission, to move through the transition and complete it as rapidly as possible, subject to confidence being built that we have successfully managed to capture the maximum possible number of individual electors.

The amendments enable the change to an IER-only register to be left until 2016, but we are confident that the Secretary of State of the day will feel able to make the order to take the final step of transition in 2015. However, we recognise the hesitations in the House and have thus provided that additional safeguard. I beg to move.

Lord Maxton Portrait Lord Maxton
- Hansard - -

My Lords, I shall be very brief, except to say that sometimes I sit here, as I have today, wondering what world it is that we think that we live in. The world around us is changing a lot faster than we are prepared to change the electoral system, apparently. As I have said before and will say only briefly again, what we really need is a national register based on every individual getting benefits, et cetera, only if they are on the register, backed up with an ID card—sorry, a smartcard. I had better not use the term ID card as I know that it sometimes causes frissons down people’s backs. Smartcard technology is now very advanced. Although I am grateful to the Minister for calling my name in aid in the previous debate, the fact is that 10 years is now a very long time in technological terms. If you look only at the two years since this Government came into power, when we abolished—wrongly, in my view—ID cards, the way in which smartcard technology has moved in those two years now makes it very feasible to have one register and to divide it up into the constituencies. Everybody who is on the national register and is a holder of an ID card will then be entitled to vote.

Personally, I think that we ought to be moving to a system whereby the actual voting is done electronically as well, using that smartcard. That will come, but, at the moment, it would appear that the last place in which we will be using a pencil will be to mark a cross on a ballot paper in some school, where people have to go out in the cold and wet to do it. I think that even golfers will give up the pencil before this Government are prepared to give up the pencil for ballots under the electoral system. Please, please, will the Government take this slight delay as an opportunity to look again at how we can introduce a national register to ensure that every citizen of this country is entitled to vote in the next general election?

Lord Rennard Portrait Lord Rennard
- Hansard - - - Excerpts

My Lords, my noble friend Lord Tyler and I have both signed the amendments in this group. They clearly result from the lengthy discussions we had in Committee about the right time to end the carryover for electors from the household register to the individual register. The debate then centred on how confident we can be as to how good the transition to individual electoral registration will be seen to be by 1 December 2015. Some people may be very confident that it will all work well in terms of both completeness and accuracy; as your Lordships know, I am a bit less confident about that. None of us can be certain about which is the right assessment to make until the transition is actually under way and properly tested. As we know, we are piloting various things at the moment but with software which will not even be the final software for use when we are fully into individual electoral registration. It was for that reason that I was determined in Committee that there should be a mechanism by which we could extend the carryover if, for example, the Electoral Commission reported by 1 December 2015 that many people would unjustifiably be removed from the electoral register and that the register was at that point significantly less complete than at present.

--- Later in debate ---
Lord Maxton Portrait Lord Maxton
- Hansard - -

My Lords, I intervene only to make a rather mundane point. The register is a great historical document as well as being useful for electoral purposes. Perhaps my question is for the noble Lord, Lord Norton, rather than for the Minister, but is there a timescale for this? Is there a point at which the full register would become available to those who wish to study this particular period in history?

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

That is an excellent question to which I cannot give an immediate answer, but I promise to write to the noble Lord. However, that in turn raises the question about the future of the census, another historical document that we will have to come back to. We are beginning to move away from a paper register that is maintained locally and therefore not easily accessible, to online registration, which in the future will make it much easier for those interested in family history to access.

The Government take the handling of personal information seriously and are keen to ensure, in the context of the move to individual electoral registration, that electors are able to make a fully informed choice on the edited register. There should be sufficient balanced and impartial information on electoral registration forms to ensure that electors understand what the different versions of the registers are and the purposes for which their data may be used.

Electoral Register: Young People

Lord Maxton Excerpts
Thursday 17th January 2013

(11 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
- Hansard - - - Excerpts

My Lords, I can remember the history sixth form when I was at school. As we got closer to the coming general election, the history teacher’s interpretation of the characters of Mr Disraeli and Mr Gladstone moved towards Mr Disraeli being better and better and Mr Gladstone being more wicked than he had been before. The idea of neutral school teaching is not one that is very easy. Citizenship education is important. The national curriculum is currently being reviewed and the issue of what role citizenship education plays both in the national curriculum and in sixth-form activity in schools throughout the country is one that clearly we need to consider further.

Lord Maxton Portrait Lord Maxton
- Hansard - -

My Lords, given the advances in smartcard technology in recent years, is it not time that we looked again at the idea of compulsory registration of all children from the age of nought, to ensure that everyone is automatically on the register from the age of 18 without filling in forms or anything else?

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

My Lords, the Government intend to introduce the option of online registration as from 2014. How far we go towards what would in effect be a sort of ID card for each child born is a matter on which we will have to have further debate. The noble Lord will of course have seen the discussion in some of the press about whether parents wish to put microchips in their children, so that they know where they are all the time.

Electoral Registration Data Schemes (No. 2) Order 2012

Lord Maxton Excerpts
Tuesday 27th November 2012

(11 years, 7 months ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Maxton Portrait Lord Maxton
- Hansard - -

My Lords, perhaps I may surprise the noble Lord, Lord Rennard, by saying that I agree with at least two points that he made. First, it would be useful to know when the Bill, to which the order is relevant to some extent, will return to the House for debate. It is important that we take decisions on this matter, but the Bill seems to have disappeared into the mists somewhere—not even of time. Secondly, why is the DVLA not involved in this? It works with other bodies in matching data. As an elderly person, I have to renew my driving licence every three or four years. I can just put my passport number on my application form. The photograph for my driving licence is taken from the Passport Service. Two different organisations are already using matching techniques. Why can they not be used for electoral purposes as well?

I largely welcome the order because it is the right approach to use other databases to add people to the register. If I had my way, I would have people added to the register and then invited to take their names off it, rather than the other way around. It is more important that people are able to vote than it is to check whether they are committing an act of fraud. Too often, this Government seem to be more concerned about fraudulent elections than about ensuring that people can vote.

Lastly, I make my usual case that none of this would be necessary—I will not mention ID cards because for some reason they are not considered politically correct—if we had smart-card technology with a central register. Everybody with a smart card would have enormous benefits, not just in terms of electoral registration but with a whole range of matters such as social security, old age pensions or whatever. We could also involve the private sector with banking. If we did that, we would not have this problem and would not be going through this process. We would have a central register and every British citizen would be registered to vote. When they voted, they would produce their ID card and that would be that.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town
- Hansard - - - Excerpts

My Lords, I thank the Minister for introducing the order. It is very difficult to disagree with one word said either by the noble Lord, Lord Rennard, or my noble friend Lord Maxton. I have no shame in using the expression “ID card”, and the Minister is no doubt ruing the day when the Government decided that they did not want to continue with that scheme.

We warmly welcome the measure in broad terms; it is necessary, whether or not the ERA finally goes through. We hope that the process will happen in any case, because it is about finding those who have a right to be on the electoral register but are not there at the moment. It may be that it should have started earlier, but we welcome it all the same.

We have just a few questions. First, as I asked on the previous occasion, has there been any discussion with the political parties about the pilots? As I have said before, and as the evidence we have heard today from the noble Lord, Lord Rennard, shows, political parties understand these issues really well and it would have been good if they had been involved in discussions on the pilots to make them as good as possible.

Secondly, like the noble Lord, Lord Rennard, we have a slight lack of confidence in whether the methodology is sufficiently robust. It looks slightly hit-and-miss, with various areas choosing which bits they would like to do. I hope that it is a little more scientific than that, which it needs to be if the conclusions are to be robust. Perhaps the Minister could assure us that the methodology is sufficiently robust to enable lessons to be learnt and that a sufficient number of authorities are participating for any general conclusions to be drawn. I had not thought of the issue of computer-matching which the noble Lord, Lord Rennard, raised, but, even without that added dimension, we need to be sure that the range is broad enough for us to be able gain good evidence.

Thirdly—this is again related in part to what the noble Lord, Lord Rennard, said—to whom will the Electoral Commission report on its evaluation? Is it only to be to Ministers or will it be to the House? What happens if the pilots prove either too expensive per new elector identified or if, as has been suggested, database problems seem insurmountable? What happens if unforeseen data-confidentiality issues arise, or if some other weakness is identified? Is there a plan B to locate unregistered voters?

Fourthly, it is essential, as the Government’s own Explanatory Notes suggest, that the 22 areas have sufficient expertise and staffing to make the pilots meaningful. What assurance can the Minister give us that they will be sufficiently resourced?

Fifthly, what lessons have the Government learnt from the pitiful turnout for the recent police and crime commissioner elections? Can the Minister assure us that these pilots are not displacement therapy for the embarrassment caused by those unnecessary elections? In case he needs reminding, the elections cost £100 million, which would have paid for 3,000 police officers. It would be interesting to hear whether he thinks that at least some good has come out of those elections in terms of lessons for systems of electoral registration.

The Minister might also like to take the opportunity to say a little more about the Electoral Commission’s report on continuous electoral registration in Northern Ireland—to which the noble Lord, Lord Rennard, referred—which was published today. According to the commission, the report,

“provides clear lessons for Great Britain as we move to individual electoral registration”.

Electors in Northern Ireland are now only registered once and only have to re-register if their personal details change.

This new report assesses the effectiveness of such continuous registration in Northern Ireland. It shows that the electoral register is now only 71% complete and 78% accurate, whereas the previous assessment in 2008 estimated the register to be 83% complete and 94% accurate. It appears that this significant and worrying decline is because the processes used to manage the register are unable to keep pace with people moving home or people becoming newly eligible to join the register.

We will obviously return to this in due course, with suitable amendments to the Electoral Registration and Administration Bill. Again, as has already been mentioned, the Minister will recall that we spoke of our deep concern about the provision in the ERA Bill for the annual canvass to be abolished. We trust the Government will reassess this provision in the light of the Northern Ireland example. Hitherto, the Minister has called Northern Ireland in aid as a defence for the Bill, but I think today’s findings are a little worrying—particularly about people moving, because within certain parts of Great Britain, our population mobility is even higher than in Northern Ireland. Therefore, this continuous updating would be particularly important. However, none of this undermines the general support for these plans to take place.

--- Later in debate ---
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
- Hansard - - - Excerpts

As I have discovered, the world of electoral registration officers and their staff is a wonderful subculture of its own. They interrelate across the board, and they know which are the good local authorities and which are not. I am less worried than I was when I started in this process after having discovered this wonderful population of people, for whom I have a great deal of respect, having been briefed by a number of them.

My noble friend Lord Rennard asked me for an assurance that the databases chosen are properly representative of the UK population. We are pursuing the greatest diversity possible in databases, which is why I take on board what has been said about the DVLA; the wider the collection of databases that we use, the more likely it is that we will catch students, attainers, rapid house-movers and others. That is precisely what we are trying to do.

The noble Lord, Lord Maxton, made an interesting comment that he might perhaps wish to pursue further: he would like an opt-out electoral registration system rather than an opt-in one. That is a point of some significance that would bear some consideration and further thinking. There are some large issues there on voluntary registration and the balance between voluntary and compulsory, which are not currently within our remit in the Bill.

Lord Maxton Portrait Lord Maxton
- Hansard - -

It is right that registration should be compulsory, but voting should not.

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

These sorts of interesting questions are considered by the behavioural insight team at the Cabinet Office, which plays around with tipping people’s balance in favour of doing one thing rather than another, and the noble Lord is certainly beginning to touch on them.

No, we do not rue the day when ID cards were dropped, but we are persuaded that developments in the computing and electronic world, and the way in which it is possible to use digital databases and compare among them, is opening up the possibility of providing identity assurance and a simpler relationship between the citizen and state, which would not only be more efficient but astonishingly cheaper than the original ID scheme. Again, this is something that needs further exploration, and I will do my best to provide one or more briefings for interested Peers.

On the question of whether we have discussed this with political parties, the answer is yes, of course, on a number of occasions. I particularly enjoyed the meeting which Chloe Smith, myself and a number of others had with the HS Chapman Society—a body of electoral agents chaired by the noble Baroness, Lady Gould—at which we had some fairly sharp questions, including some to registration officers about the particular details in the Bill. We fully understand that political parties have a great deal of expertise. I am told that the noble Lord, Lord Rennard, has a little expertise in this area himself.

I was asked by the noble Baroness, Lady Hayter, about the lessons that the Government have learnt from the low turnout in the PCC elections: I would want to add from the low turnout in by-elections as well. The lesson that we all need to learn from the declining turnout—this is a matter which all political parties need to talk about—is that people are less and less engaged in politics, and that we have to fight very hard, which necessarily means on an all-party basis, to re-engage our disillusioned electorate and persuade them that it is worthwhile to support candidates for election and to take part in the political process. We should also recognise that we have to overcome the barriers which an increasingly cynical media place in front of us as we attempt to do that.

I was asked to comment on the Northern Ireland report out today. I recognise that it is a sobering report, which raises a number of questions. I take the point made by several Peers about the relevance of the annual canvass for this. We will, of course, as well as the Electoral Commission, take that into account. I think it shows just how difficult the task is to maintain a complete and accurate electoral register. As we go through this transition, we have to make sure that we make every effort possible to arrive at as complete a register as we can. Having made those points I hope that the Committee will accept this order.

Electoral Registration and Administration Bill

Lord Maxton Excerpts
Monday 29th October 2012

(11 years, 8 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Jay of Paddington Portrait Baroness Jay of Paddington
- Hansard - - - Excerpts

My Lords, like the noble Lord, Lord Forsyth, I regret that I was unable to take part on Second Reading, but since that debate the Constitution Committee, which I have the privilege of chairing, has issued its own report on the Bill. The report very much echoes some of the points that have just been made by the noble Lord, Lord Rennard. Overall, the Constitution Committee sought to impress on today’s Committee that the Government need to do everything possible to ensure that the completeness of the electoral register is matched by its accuracy. Concerns were raised—I know from reading the Second Reading debate—about the way in which the impact might fall heaviest on areas of urban population where, for example, many people in private rented accommodation—ethnic minority people, the young, and so on—might be unnecessarily excluded in the pursuit of the completeness, which might not necessarily reflect the accuracy and vice versa of the new register.

Although I take the point made by the noble and learned Lord, Lord Falconer of Thoroton, that there may have been special concerns and reasons in Northern Ireland, it is worth noting that the accuracy of the register fell by nearly 10% when individual registration was first introduced. The other major point that applies to this group of amendments—again I am echoing the noble Lord, Lord Rennard, and the concerns raised by the Constitution Committee—was about the necessity not to express many of these important concerns in guidance. The committee was concerned that there should be much greater parliamentary oversight of the introduction of the new register and that these matters should be put in regulations. We felt that for the Secretary of State to be able to determine requirements for exercising the right to vote without effective parliamentary oversight would indeed be constitutionally improper.

Lord Maxton Portrait Lord Maxton
- Hansard - -

My Lords, I begin by apologising to the Committee because like the noble Lord, Lord Forsyth, and the noble Baroness, Lady Jay, I did not speak on Second Reading. I had a specific reason for not doing so. I was on the list to speak but unfortunately I was in the Information Committee. I thought that the business would go on longer but I suddenly realised that I could not make it into the Chamber in time to hear the beginning of the Minister’s opening remarks. I was therefore asked not to speak on Second Reading. I apologise to the Committee for making that mistake. The danger is that now I will fall into the trap of making the Second Reading speech that I would have made.

The noble Lord, Lord Rennard, in particular, roused me to my feet as I have one simple point to make. The Bill is designed to stop fraud and ought to be designed to encourage people to vote, and there is one simple way to deal with that. Unfortunately this House and the other place both voted to get rid of that simple way of dealing with this matter, which was the introduction of an identity card—a general register of all people. It would have been a compulsory identity card for everyone. It would have ensured that everyone was on the central register and we would not be in this position. The noble Lord, Lord Rennard, led the campaign, as much as anybody did, against ID cards, which was a major error on his part. By the way, the technology on ID cards, or smart cards, has moved on extensively even since we abolished the proposal less than two years ago. Now we could have a smart card that would ensure that people were on a central register and the register itself would divide and set up online registers for the whole of the country. Each constituency would have a register, not completed by a registration officer or by individual registration but automatically: by pressing a series of buttons on a computer it would come up with the right answers. Each individual would be able to vote only by producing an ID card. This would stop a great deal of fraud, provide a workable system and, I hope very rapidly, we would move to voting electronically and using the ID card to register our votes.

--- Later in debate ---
Lord Maxton Portrait Lord Maxton
- Hansard - -

What the noble Lord is saying agrees with exactly what I have said. It seems that the identity card solves both the problems he is talking about. It ensures both accuracy and that the person who is registered is the person who is registered and not somebody else. It eliminates fraud.

Lord Dobbs Portrait Lord Dobbs
- Hansard - - - Excerpts

I recognise the noble Lord’s commitment to the identity card, but he is making a Second Reading speech rather than dealing with this amendment. There are many different ways to justice on this. I am sure we are all interested in having a robust electoral system at the end of the day but I am not sure that we have that at the moment. When postal votes are handed out like ice cream on a summer’s afternoon, it is not surprising that we have discovered cases where various people get their hands rather sticky.

We also seem to be tying ourselves in knots in this country in an attempt to prevent criminals from getting the vote. However, for a criminal to vote under the present system is the easiest fraud in the world. There are no checks in our electoral system as it is at the moment to see whether anybody on that electoral system should no longer have the right to vote because of a conviction. I hope that the Minister will be able to give attention to this and introduce some effective form of data-matching to make sure that that is no longer a problem.

I do not want to delay the Committee, but I want to give a couple of meaningful statistics that have been kindly provided to me from the Library. Postal votes nowadays account for a huge chunk of electoral turnout. In most constituencies the number of postal votes average around 10,000, which sometimes amounts to well over 20% of the total turnout. In some constituencies it is more than 30% of the total turnout. The 25 most marginal seats in the country are decided on majorities of around 500 votes or fewer. Quite clearly, it is more than possible for a fractured postal voting system to decide the outcomes not only of many constituencies but of an entire general election. We cannot turn a blind eye to the possibility that all the efforts we put into general elections could be turned over simply because of a very poor postal voting system.

Those who emphasise the need to get the maximum number on the register have all my sympathy. Let us by all means talk about numbers and get those numbers up. However, let us make sure that they are the right numbers.

--- Later in debate ---
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
- Hansard - - - Excerpts

In allowing 16 year-olds to vote in a Scottish referendum, we are making an exception. That is evident; that is part of what has now happened. We have a register which has various people on it with different circumstances. There are those EU citizens who are entitled to vote in local and European elections but not national elections; there are Members of this House, who are entitled to vote, similarly, in European and local but not in national elections. So there are already some variations between categories on the register. I will check as thoroughly as I can on this to ensure that I am entirely accurate on a point which, I fully understand, is important.

Perhaps I may now turn to the three important amendments. The issue at stake for all of us is how confident we are that we will manage the two-year transition and what we do when we reach the end to ensure that we have gone all the way through the transition. The reason for having a two-year transition is precisely to ensure that we are successful as we come to the outcome. The Electoral Commission will be following that very closely. We will be reporting back to the House on how the new system operates, so we are confident that by the autumn of 2015—with, as the noble Lord, Lord Wills, correctly pointed out, a different Government, or certainly a new Government, in place—we will be able to make a full transition.

Amendment 1 asks for guidance to be maintained for registration officers beyond the five-year period. Again, we are into questions about central direction and local autonomy for registration officers. Having spoken to a number of electoral administrators, I have considerable sympathy for the strains under which they work and the efforts which they put in to maintain as complete and accurate a register as possible. We will come back to the issue of how electoral registration is maintained on our third day in Committee.

We will of course continue to monitor and assess the effectiveness of the system during the five-year period, but we are confident that at the end of it the transition will have been fully taken through and we will have achieved a relatively stable system. When I say “stable system”, I say to the noble Lord, Lord Maxton, that I am also confident that we will have moved to a considerable extent towards an online system. I recall telling the House some months ago that the DWP expects that the number of its customers who interact with it online will have moved from some 20% to some 80% over the next 10 to 15 years, so we are in a system in which we will be moving from paper and letters to online interaction. I am also confident that we will find that data matching and data checking will become more and more constructive and accurate as a means of checking whether someone who registers is precisely who she says she is.

Lord Maxton Portrait Lord Maxton
- Hansard - -

Surely the point about data matching and so on ought to be that people go on the register rather than the other way round. Rather than checking whether or not someone is accurate, there ought to be a way of putting people on to a register and then saying to them, “Are you the person who the register says you are?”.

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

The noble Lord is asking some very large questions that of course relate to his preference for having a central register for all citizens, which would mean an ID card. That is rather larger than the remit of the Bill, as he well knows. Over the two years we will be conducting some further data matching and data mining to confirm existing electors. There will be individual invitations to those who are not confirmed by this process—in other words, concentrated individual canvassing rather than an overall individual canvass—a full household canvass in 2015 and a carry-forward to protect those who have not been contacted by the 2015 general election. There will be a civil penalty to encourage applications and the change will take place at the time of the next election when there will be the highest amount of popular interest in politics. I think I recall correctly that in the run-up to the previous general election some 500,000 additional voters registered in the two to three months before the election. That will bring a number of people back on to the register. We are confident that the efforts that will be made during the period of transition will complement each other to a point where we have reached at least the current level and, we hope, a great deal more.

On Amendment 36, as we go through this transition, the Electoral Commission will be carrying out research to give us measures of how well we are doing and to give us an after-measure using the December 2015 measures. We are confident that we can rely on the Electoral Commission to give us the figures that we need.

--- Later in debate ---
Lord Tyler Portrait Lord Tyler
- Hansard - - - Excerpts

My Lords, I shall speak briefly to this group. Because I am referring to the advice given by the Electoral Commission I should put it on record that I have served as a member of the cross-party informal advisory group for the Electoral Commission in the past.

The government amendments are very welcome and specifically take the advice of the Electoral Commission and the Constitution Committee of your Lordships’ House about the list of forms of evidence that could be used in the electoral registration process and how they should be set out. However, Amendment 7 in the name of the noble and learned Lord, Lord Falconer of Thoroton, would make the Bill less flexible in this respect by setting out that the national insurance numbers and dates of birth should be the primary evidence required when applying. Many of us may have some sympathy with that because it is obviously such a fundamental building block and it may be thought by Members of your Lordships’ House that at least that has the advantage of some clarity at the outset. However, there is clearly a danger that if the national insurance numbers prove more cumbersome than all of us hope, and certainly than the Government intend, the only way to alter that primary evidence would be by primary legislation, which is clearly very bureaucratic and perhaps a matter of administrative overkill.

I suppose that one’s judgment on the merits of Amendment 7 will depend on how paranoid we all are about future Governments and whether the likelihood is that the list might ever be changed to set too high a bar. For example, it might suddenly be required that not just the national insurance number but some other form of identity, such as a library card or a bus pass, in my case, should also be available. That may seem unlikely and the regulations would anyway be subject to affirmative procedure, but on the whole I prefer the Government’s rather more flexible approach. I look forward to hearing what the noble and learned Lord, Lord Falconer, and the Minister have to say. Inflexibility is something that your Lordships’ House is rather good at identifying in advance, so avoiding the bureaucratic nightmare that may result.

Lord Maxton Portrait Lord Maxton
- Hansard - -

My Lords, first, I take the opportunity, if I may, to say to my noble and learned friend on the Front Bench that I was not suggesting that we should vote in the same way as on “Strictly Come Dancing”. I was suggesting that we are still voting in a very conservative and old-fashioned way, whereas in other forms of national life, we do it differently.

I am a little concerned that there has been great opposition to my idea of a national register of some sort, but we are now talking about national insurance numbers. Who holds them? Where are they registered? Who keeps them? Who says, “That is your national insurance number”? Is that not a form of national register?

Lord Falconer of Thoroton Portrait Lord Falconer of Thoroton
- Hansard - - - Excerpts

My Lords, this is an interesting and important debate. The original draft of the Bill in effect allowed the Minister to determine, without parliamentary scrutiny, what the identifier should be. The amendment advanced now by the Government in effect says that Parliament has to approve the Minister’s choice, as it must be approved by the affirmative procedure. Our Amendment 7 would provide that Parliament has to decide in primary legislation what the individual identifiers must be.

Everybody agrees, including the Government, that the first proposal is not acceptable and that it would be wrong for the Minister to be able to determine it. People would be worried about the extent to which it might be used for political advantage. The second option has the problem that statutory instruments are rarely rejected by Parliament, so it gives pretty big power to the Minister. The third option has precisely the problem identified by the noble Lord, Lord Tyler—it is very inflexible. I recognise completely that the identifiers chosen might turn out not to be sensible at the end of the day, depending on how the system operates.

This is such an important issue that we on this side are loath to give the Minister the power that comes from being able to determine it him or herself or by statutory instrument. Subject to the Minister’s no doubt persuasive arguments, I currently favour our amendment, but I wait to hear what the noble Lord has to say.

--- Later in debate ---
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
- Hansard - - - Excerpts

My Lords, we are getting into some of the technical complexities of the Bill. One of the reasons for preferring national insurance numbers is that it is possible to buy off the web electricity bills that are specially designed for you. We are looking for ways of ensuring as far possible that we have accurate identifiers.

The noble Lord, like many of us in this Chamber, is one of the difficult exemptions of people who wish to be registered in two different places because they have two different homes and therefore do not entirely match with the first identifier, which is that your national insurance number is likely to have your current address attached to it; these naturally go together. I am told that some voters do not have their date of birth in their head either. There is a tendency in some of our ethnic communities to assume that your date of birth was 1 January of whatever year it was that you were born.

None of these things entirely matches everyone’s predicament and we are therefore attempting to design something which is as flexible as possible while recognising the importance of parliamentary scrutiny. The changes we have made between the draft legislation in 2011 and the Bill’s introduction into the other place in May this year and these further amendments acknowledge the concerns raised most recently by the Delegated Powers and Regulatory Reform Committee that we need to make sure that there is some parliamentary scrutiny. However, when it comes to the alternative evidence provided, we believe that, because of the changing circumstances in which we are operating, some flexibility is needed. We do not wish to box everyone into simply the NINo and the date of birth. I can almost remember my national insurance number—there are two numbers in the middle that I cannot quite get straight—but I must learn it off by heart.

The noble Lord, Lord Maxton, as he did earlier, wants to raise some much wider questions. I have considerable sympathy with where he is coming from. In 20 years’ time it is unlikely that we will vote using pencil and paper in polling stations, but that is a larger concern for the longer term, and as we have seen in some other countries, on occasion electronic voting is not without its own problems. We are retaining the principle of local registers. When talking to electoral administrations, something I am told immediately is that they have for many years used council tax registration as a means of checking where people live and whether these are accurately placed on the register. The council tax, of course, only gives the head of the household. Indeed, perhaps I should have said in responding to the previous debate that one of the reasons given in recent research for incomplete registration is that the single person’s discount for council tax encourages some people not to put down the others living in the household because that would raise the level of council tax. We have moved on from the poll tax as a disincentive, but the single person’s discount is, we are told, is a disincentive in a number of ways. There is a whole range of different factors to look at as we go into the details of the register.

The noble Lord, Lord Maxton, and the rest of us will enjoy debating the impact of the data revolution on the way the citizen interacts with the state. I find it fascinating myself, and I think that it will revolutionise that interaction over the next 10 years. However, noble Lords in this House may be among those who are slower to take part. I am sorry that the noble Lord was unable to come to our demonstration of online registration. The Government are considering many other options in terms of how one puts various things online. For example, some experiments show that if, when someone reregisters their car online, they are also offered the choice of transferring to their local authority and checking for a parking ticket, that increases radically the number of people who apply for a ticket.

Lord Maxton Portrait Lord Maxton
- Hansard - -

As someone who is of the age where they have to renew their driving licence every three years, I can inform the noble Lord that when I do so, all I have to give is my passport number. The photograph that is used on my passport is then automatically used on my driving licence as well.

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

The noble Lord makes a useful point. That is precisely the sort of direction in which we wish to go. The noble Lord will also know, of course, that a large proportion of our population does not hold a passport.

I hope that the Committee will be happy to accept these government amendments. We think that they strike the right balance between flexibility and scrutiny. I hope that the noble and learned Lord, Lord Falconer, will also accept that while we understand the direction in which his amendment is going, it threatens to make us a little too inflexible. It is important to retain a degree of flexibility in terms of the alternative forms of evidence because the most appropriate alternatives may well change over time.

Electoral Registration

Lord Maxton Excerpts
Thursday 12th January 2012

(12 years, 5 months ago)

Lords Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Maxton Portrait Lord Maxton
- Hansard - -

My Lords, like everyone else, I thank my noble friend Lord Wills for introducing this particular subject and for his excellent introduction. He has raised a subject that is at the very heart of our democracy: the people's right to vote and therefore to be on a register. That is more important than what appears to be the underlying theme behind what the Government are doing—a point that other noble Lords and noble Baronesses have remarked upon—that the prevention of fraud is more important than the right to vote. Electoral fraud appears to be the driving force behind this particular move, and the Electoral Commission makes that quite clear. That is wrong. It ought to be that people have the right to vote and we investigate if there is fraud. This is not new. Anyone who has studied history will know that people have been defrauding in that sense for some time.

It might not surprise many people here that I take the view that the register is just part of an outdated, very old fashioned electoral system. We now live in an age of hi-tech science and development. No wonder a lot of our youngsters do not go out and vote and are disillusioned with our electoral system; they consider it to be so out of date and old fashioned. They vote for their favourite characters in “The X Factor” and “Strictly Come Dancing” by mobile phone. They do not have to traipse along a road on a cold wet night, to be crossed off a paper register and given another piece of paper on which to put a cross after going into a booth, thus deciding how they are going to vote and putting it into a box. Afterwards, there is a long drawn-out process whereby those ballot papers are taken somewhere else and counted by various people. It takes long hours. I have been through this process. I was an MP for over five elections. We sat for night after night, waiting for the result to come in for our particular constituency.

Surely, in this day and age, it is time we started to use modern technology as part of our electoral system. Many of those who have opposed this measure so violently will disagree with me, but I am sorry to say that we have to have a national identity card and a national register to go with it. Then the electoral register could be drawn up on the basis of that national ID card register. It would be a smartcard. Smartcard technology has moved on so fast in the past four or five years that it is no longer the problem that it was even a few years ago. The cost is also considerably lower, because that is the nature of technology—the price comes down all the time. It also solves some of the problems of service voters. If you are in Afghanistan, why wait for a postal vote if you can vote using your ID card in some form of electoral machine that will allow you to do that?

The starting point for that register is an ID card that is compulsory: that everyone must have. They must update their address when necessary or the penalty will be severe, a measure which the noble Lord, Lord Rennard, wants to apply to electoral registration anyway. He, of course, was massively in favour of the abolition of the ID card but is now in favour of it.

I should say in passing that I was the spokesman for the Opposition in the other place when the Scottish poll tax Bill was introduced. If the noble Lord is worried about the £1,000 fine, it was increased by the then Tory Government to deal exactly with the problem of people possibly coming off the electoral register. The fine used to be £50 if you did not send in the form. It then became £1,000 to deal with the poll tax problem.

The fact is that we should have such an electoral register. To start with, we would not move straight to electronic voting. That ought to be the way in which we are moving. Instead, we seem to be standing still, not moving with the times, technology or science on this. Not just youngsters, but 75 year-olds like me, use smartcards, which we all have in our wallet, all the time. I do not think I bought anything with cash over Christmas. I used my bank card, which is a smartcard, or I bought online with it. Why should I not be able to vote in the same way, or at least prove my identity to electoral registration officers and those at the polling booth in this manner?

Surely we must move to having some form of compulsory ID card in this country in order to ensure that we have as full a register as possible and do away with some of the electoral fraud that might take place. When going to vote, you would have to produce an ID card with your photograph on it. It could then be checked whether the right person was actually voting. Surely that is the way forward. Instead, we are tinkering around with a system that is increasingly old fashioned, out of date and not working properly. It really is time that we moved on rather than standing where we are at the present, using a system that is completely out of date.