Parliamentary Voting System and Constituencies Bill

Lord Maxton Excerpts

Wednesday 12th January 2011 Lords Chamber

We have so far seen no movement in this House or the other place on this legislation. It is regrettable, because opportunities are being missed to change the nature of political debate and engagement in this country. I urge the noble and learned Lord, Lord Wallace, and his ministerial colleagues to look seriously at the amendment, although not necessarily to give us an answer tonight. The action proposed in it would require a significant advertising campaign, perhaps using the new technology that the noble Lord, Lord Maxton, knows so much about. It would certainly require the leadership of the Secretary of State, as the noble Lord, Lord Howarth, set out. This is an opportunity to do something that should span every political view in this House—except perhaps one or two that we shall not mention here—and make this a much more inclusive and democratic society.

[Lord Maxton]

My Lords, I am not an expert on the new technology, despite what some people think. In terms of this Chamber, I am the one-eyed man in the kingdom of the blind. Just in case the noble Lord, Lord Foulkes, thinks that he has inspired me to my feet, I say that it was not him but the Minister—the noble and learned Lord, Lord Wallace. On several occasions now, in response to these debates, he has mentioned using databases in relation to the register. That gives rise to two questions.

First, which registers and databases will he ask local authorities to use? They will obviously use their own records, such as school records, local housing records and perhaps their leisure facility records. Can they use social security records? After all, many of the people about whom my noble friend has spoken may be registered as unemployed or registered for social security in some form or other. Will the local government registration officer be able to use social security records to reach them? The Government may be able to instruct them to do so, because they control social security and other areas of that nature. However, there are bodies in between that are public—they are financed by the taxpayer—but which are responsible neither to local government nor to national government. I have in mind in particular the National Health Service, which is run by a series of trusts and organisations that are supposedly at arm’s length from government. Will GPs’ records be available to returning officers? Can they go to a GP and say, “You must tell us all those who have just reached the age of 18”? GPs will know the names and addresses if they are registered. Can they, more controversially, go to an A&E hospital and say, “These people come to your hospital with accidents. Can you give us the records of where they live and the date on which they were born?”? I do not know the answer, but the noble Lord has suggested that on several occasions.

Equally, a large number of these databases are in private hands. Obviously, you can ask community organisations, but you can only ask; you cannot instruct—or are the Government intending to take powers to instruct local authorities to approach banks, local community organisations and local sports organisations that are not directly funded? Where do you go on this? How far will a local authority go?

That gives rise to the second question. If you listened carefully—and I will read carefully what the Minister has been saying—the noble and learned Lord, Lord Wallace of Tankerness, implied that local authorities will positively draw up a register based on these databases. They will go to the databases to find out who left school and where they live and put them on the register. Is that what they intend to do?

[Lord Campbell-Savours]

Is it not fair to say that this whole complex exercise could have been avoided if the Government had simply introduced national identity cards?

[Lord Maxton]

My noble friend, inevitably, gets there before me. I will come to that in a minute.

Is it the Government’s intention to draw up the register based on these databases, which local authorities will be able to go into, and therefore add large numbers of people who have not registered to vote? If the Government are not going to do that, what is the point of going into the databases? There is no point at all.

The Minister has implied that the Government are drawing up a register from the databases and then basically saying to people, “You’re on the register. If you wish, you can prove to us that you do not live there any more and come off the register”. However, as my noble friend has quite rightly said, all this would have been solved—and considerable sums of money saved in the longer run—if we had introduced compulsory national identity cards and a national identity register. Each local authority could have used that and drawn up its own register without any bother whatever.

That would not have been the only use. You could then use the card itself to vote electronically wherever you wished. That would have increased the number of people taking part in our democratic process, which would have been to the major benefit of our whole electoral system.

[Lord Falconer of Thoroton]

This is an important issue. The debate has been greatly assisted, first, by the very forceful and well researched way in which my noble friend Lord Boateng introduced it; secondly, by the exceptional speech of my noble friend Lady Liddell of Coatdyke; and thirdly, by the speech just made by my noble friend Lord Maxton. He asked the noble and learned Lord, Lord Wallace of Tankerness, quite a number of pertinent questions about what he has been saying in response to this collection of amendments—namely, “We are doing a bit of data matching and we want to see how the pilots go”. We need to know the legal basis of data matching and the consequences of data being matched.

This issue raises important points of principle. Those outside this Chamber may think that this debate is about political parties’ different views on the methods of selecting boundaries for constituencies and voting systems. If we are genuinely about to introduce a new system for identifying constituencies, there must be a real sense that that connects with the people who currently do not connect with our democracy.

The statistics that my noble friend Lord Boateng referred to make it clear—I do not believe that this is seriously an issue in this Chamber—that members of the BME communities in this country are underrepresented on the electoral register by comparison with white British electors. The figures produced by the Electoral Commission find that overall registration levels among the BME communities stand at 69 per cent compared to white British electors at 86 per cent. I do not think there is any dispute that that is a bad figure and that efforts should be made to increase the levels of electoral registration by BME communities—though I wait to hear from the noble and learned Lord, Lord Wallace of Tankerness.

The much missed Robin Cook said that democracy is not just a method by which we select those who govern us but also a system of government that expresses our values. Diversity is one of the critical values of our country, as is that there should be genuine equality. In producing an electoral reform described by the Deputy Prime Minister as the most significant since 1832, the least that could be done is for the legislation to have some explicit recognition of the problem relating to registration of BME groups. Surely it is at least as important to reach the hard-to-reach groups as it is to go through a technical change in the way that we define the constituency boundaries in this country.

The response of the noble and learned Lord has been twofold: he does not want it to be fixed on information that is out of date—I hope I dealt with that before dinner—or on an indeterminate date. I indicated that there was a determinate date, which seemed to cut the ground from under him. His second answer was that it must be done before the next election. Why? Does he regard it as more important to do it before the general election than to ensure that people are reached who are not now being reached by our electoral system? If he has the time, can he explain why the next general election is so critical? Is that to do with party politics or with crafting a good system? Ultimately, we will be judged—not just this House but Parliament generally—by whether people believe that we are producing a system that is trying to reach the whole of our community rather than simply serving the electoral interests of one or other party. That is why it is important that the noble and learned Lord at least makes some effort to explain why he thinks the next election is more important than reaching the hard-to-reach groups.

My noble friend Lord Boateng proposes that Parliament express a view that this is important. He suggests that the Secretary of State should approve a process by which hard-to-reach groups, especially BME communities, are reached before we move to the next phase, the boundary review. The noble Lord, Lord Lester of Herne Hill, says the responsibility for that lies on political parties. I accept that but registration should be separate from political parties. Yes, all political parties should make their contribution but nobody doubts that those responsible for registering people on the electoral register—the electoral registration officers and local authorities—also have a responsibility for it. That is why, without disputing the responsibility of political parties, it is important that the state undertakes its responsibilities as well. I know from my experience as a Minister that you really get the state to change its view of things by making the things that the Government want conditional on some improvement in the delivery of public service or public policy. The effect of the amendment would be that the boundary changes would be introduced only if there was an improvement in the registration of BME groups.

Parliamentary Voting System and Constituencies Bill

Lord Maxton Excerpts

Monday 10th January 2011 Lords Chamber

[Lord Maxton]

I am delighted to hear the noble and learned Lord say that, because we have to use all the public databases available to us to ensure that we have an accurate register. We should start with a register and then check off its accuracy rather than the other way around. Could school records be included? That is one source where you know that someone leaves school at the age of 16 and you know where they live. Would it be possible to use those data for the electoral register?

[Lord Wallace of Tankerness]

I hesitate because I do not want to say anything definite if there are data protection problems, but that is a positive suggestion and one that I will no doubt look at to see if it can be done. The noble Lord is absolutely right. It is one possible way and if it can legitimately be done I am sure that it will help. The pilots will be tried later this year. The precise locations have yet to be confirmed, but a report will be published by the Electoral Commission towards the end of the year. When pilots have been run, it will be possible to broaden the scope.

This is not an either/or. It is important that we do this. However, if we were to proceed with the amendment, not only is it possible that one or two councils would not be certified by the Electoral Commission before the 2025 election, but even on the basis of the 2015 election we would still be using data for England that would be 15 years old. If there are 3.5 million people missing, I suspect that the data for 2000 are even more damaging. There is a difference between the data that are used for calculating the numbers for the constituencies and the important objective year in, year out to make sure that the electoral roll is as up to date as possible and that people are on it who ought to be on it.