Electoral Registration and Administration Bill

Lord Reid of Cardowan Excerpts

Monday 29th October 2012 Lords Chamber

[Lord Rennard]

My Lords, Amendment 10 is in my name and that of my noble friend Lord Tyler. The Government have been trailing data sharing with the DWP database since orders were passed through this House last year. We very much welcome their aspiration to data match some two-thirds of eligible voters from the old household register on to the new individual register using this process. However, we worry that this process will not prove to be as robust or successful as everyone hopes it will be. Other databases are, in our view, needed to make a success of this project. We have talked many times at the various stages of this Bill about the need for the electoral register to be complete. I believe this amendment about the use of other databases will show whether it is really the intention of the Government to walk the walk on this issue, as opposed just to talk the talk on it.

It will be a matter of judgment as to which databases may be appropriate for automatic registration, as the DWP’s will be, and which should only provoke invitations to register from electoral registration officers. What is clear is that to restrict ourselves to the DWP’s database, in either endeavour, is missing a real opportunity to improve the completeness of the registers, even from their present positions. For all the talk there will be about the dangers of the new system, we have to recognise that the old system has proved quite unsatisfactory. We now know that the electoral register is complete up to only 82% of eligible voters, as opposed to the 92% quoted by Ministers very frequently a year ago. Whether we have the old or the new system, we need better and more comprehensive data matching and data mining in order to help overcome the difficulties of registering voters.

We believe in particular that the information held by the DVLA—a comprehensive database of drivers—could provide a rich source of information better and more diverse than that of the DWP. Its database of national insurance numbers is of course notoriously unreliable: there are 80 million national insurance numbers in a population of only 51 million. We know there are many people on the DWP database who will have real trouble voting, since they died a long time ago. It would be particularly worrying if we restricted data matching to the DWP database only, as the Government could give the impression that they were keen only to see one demographic group of voters registered and not so keen on seeing other demographic groups registered.

Pensioners are not generally underrepresented on the voting registers or in the votes on election day. It is other groups where there is a more significant problem. There is a danger of unintended consequences in proceeding only with the DWP records, because they deal disproportionately of course with retired people. It is known that they vote disproportionately, although not exclusively, more in favour of the Conservative Party than perhaps other social groups. I know that our coalition partners would not want to give the impression that they are particularly keen on assisting with the registration of voters that may aid their cause and not with the registration of voters in general, in accordance with healthy democratic principles.

It therefore seems very important that the Department for Transport allows use of the DVLA’s database in the same way and with all the appropriate safeguards about personal data that the DWP applies. We are told by the Electoral Commission that the Department for Transport does not wish the DVLA database to be used in this way. However, the DWP has given permission for its database to be used in this way. My proposition is simple: that there should be consistency across government databases, using all of them to maximum effect, with the proper safeguards about personal data, in order to ensure that as many people as possible are registered.

[Lord Reid of Cardowan]

My Lords—

[The Deputy Chairman of Committees (Viscount Simon)]

Has the noble Lord moved the amendment yet?

[Lord Rennard]

No.

[Lord Reid of Cardowan]

I am very grateful to the noble Lord for giving way. I am not in principle against what he is suggesting but, as someone who bears the scars on my back of false accusations when in government of an intention to mine data, match data and cross-match data, can he tell us when the Liberal party came to the conclusion that it was perfectly legitimate to mine and cross-match the data from DVLA, from pensions, from national insurance, which the noble Lord mentioned, and from transport? Once you have created this precedent there will be very good reasons for using it, presumably with data from HMRC and others, right across the spectrum so it is not something that should be entered upon lightly.

[Lord Rennard]

Indeed, I understand that and we would not do so lightly. We had significant differences over the national identity card scheme, which we were told would cost something like £300 million. What I am suggesting in terms of electoral registration would obviously cost far less. The essential principle, rather than the costings, is that this is a one-way process with data whereby we are trying to make sure that everybody who is entitled to vote is able to vote. The safeguards that would be in place would ensure that the only information made available is someone’s name and address. If the database shows that they are there, they could then be invited to register if they are not on the register.

[Lord Reid of Cardowan]

My Lords—

[Lord Wallace of Saltaire]

My Lords, we are in Committee but I think I am right in saying that the procedure is that until the noble Lord has moved the amendment, no others should intervene. Could we allow the noble Lord to move the amendment? Then we can have the normal Committee stage open discussion.

[Lord Rennard]

I am grateful to my noble friend the Minister. All that I am arguing in my contribution is that there should be consistency across government use of databases. We should use the DWP database to help some people, and other databases which may help many other people, get on the voting register and have their democratic entitlement. We know that students, for example, are also very under-represented on the current register and may be even more under-represented under IER. However, there is an easy way in which this could be addressed. If the Government had the will to pursue what they say is their objective of maximising voter registration, students and former students could easily be located through the Student Loans Company, invited to register and reminded of their legal responsibilities to do so.

Attainers are a particularly important group. Sixteen and 17 year-olds could be identified through schools. There is a precedent for doing this in Regulations 41 and 42 of the Representation of the People (Northern Ireland) Regulations 2008, under which the previous Government brought in a system whereby schools had electoral registration officers visiting pupils at the age of 16 or 17 as part of their civic lessons. At the conclusion of their lesson about voting systems and registration, forms were completed to register those 16 and 17-year-olds at school. However, so far there is no such provision to do so in Great Britain. There is also a particular difficulty with transient tenants in the private rented sector. They could be tracked down through tenancy deposit schemes and, again, invited to register and reminded of their obligations to do so.

These are all government databases and my argument is that the Government should be consistent in using them for data mining and data matching to try to make sure that we improve registration to improve the health of our democracy. There are also private databases and a huge wealth of information available through credit reference agencies—many of which are used at the moment by local authorities, including many Labour local authorities. The credit reference agencies use the electoral register as their own starting point, so some of these people are already registered. Those agencies also know of many more people with perhaps several forms of credit made available to them, more than one bank account legitimately registered and, perhaps, several credit cards used legitimately. Yet they know that those people, who exist, are not on the voting register even though they are clearly entitled to be on it. I believe that they should be invited to be on the register and told of the requirements.

At the moment, many local authorities are using exactly these data to try to check on the single person’s council tax discount. They know from their data that there is often one person on the register yet several people are resident. Local authorities are using these reference agencies to write to the people they know within this household, pointing out that they know that those people are there and should be on the electoral register and that perhaps it is not appropriate for them to claim a single person’s council tax discount. Local authorities have no difficulty in doing this. I think there is a great deal to be said for using more effectively the data of the credit reference agencies. I know that the Government have been holding discussions with them. However, there is as yet no commitment from the Government to use either these other public databases to which I have referred or the private ones.

I turn briefly to Amendments 11 and 15 to 20. I would simply say that they appear to be also on the Marshalled List for the purpose of probing these sorts of issues, so I will not comment further on them from our Benches. However, we believe that the Government must look closely at all these areas and give some commitments before Report so that we can be sure that the final regulations on data sharing are far more ambitious than they are at present and that they are seen to be fair and in the interests of promoting our democracy. I beg to move.

[Lord Reid of Cardowan]

My Lords, I am sorry if I have breached the long-standing conventions of the House. I intervened at what I thought was the appropriate point but in terms of process, I should obviously be commenting now. I had not intended to comment when I came in to listen to the discussions but the precedent being suggested by the noble Lord has huge implications and significance. It ought to be regarded and scrutinised with some care before we proceed.

I do not for a moment doubt the noble Lord’s intention, which is to maximise the number of people on the voting register in order to enhance democracy, although perhaps I might express the wish that some of the comments made during earlier discussions had been listened to. It was predictable that we would end up with a shortfall on the electoral register and an anticipated greater shortfall. I think that lies behind the measures that the noble Lord has raised.

Let me make this point. If, however good the ends, we adopt the means of proliferating the use of data mining and data matching, that would be of considerable significance. If we are suggesting that we data mine and data match records from HMRC, the DVLA, the DWP—that has already been agreed—the Student Loans Company and credit reference agencies, that is a suggestion of huge import and ought to be scrutinised for its possible consequences.

It is, with great respect to the noble Lord who spoke, a complete red herring to compare this with identity cards. I say that for two reasons. First, they were voluntary and not all of what he suggested would be voluntary in so far as the person whose information is being mined would volunteer—although in some cases he suggested that they be contacted with a view to volunteering. Nevertheless, the ID cards were voluntary. Secondly, and more importantly, part of the reason for them was the spread of databases and the anticipation that data matching and data mining would become the norm in a cyberspace-dominated environment. Biometric protection was therefore enshrined in the ID card. In short, anticipating the use over the coming decade of greater dependence on an individual’s identity marked in a data bank and the possible loss of that identity or of that data bank by a government department, no one could have used that to gain access to any of the material in it—including bank accounts and so on—unless they had the fingerprints and the iris of the person whose bank account details were taken. In other words, it was a completely separate intention: to protect people should someone wish to use their identity if a databank was lost. It did not presuppose the Government going down this road of using records, which are exclusive to one purpose, for the purposes of data mining and data matching for another purpose, however well intentioned that might be.

I do not for a moment doubt that the intentions of the noble Lord are benevolent, benign, progressive and democratic, but the process of getting there, if it includes such widespread data matching and data mining as he has suggested, has profound implications and should therefore be subject to profound scrutiny in terms of the principle before this House.

[Lord Baker of Dorking]

My Lords, I, too, share some reservations on this matter. I was glad to see my noble friend Lord Rennard describe these as probing amendments, so, fortunately, they are not part of the coalition agreement. I share the view of the noble Lord, Lord Reid, that one wants to improve the methods of registration, particularly as regards students. I am always amazed that students are relatively lowly represented in political registration. That might change because, now that they have to pay for so much of their education, their association with citizenship is made much more vivid to them at an early age. I suspect that that will be reflected in their registration in the years to come.

My concern about this proposal is that it seeks to enact that information should be provided from a series of databases, including the Student Loans Company and further education and secondary education institutions—I presume that sixth-form colleges and FE colleges would be the principal area. Those institutions would be required,

“to disclose information to another person”—

not to a registration authority but to another person. “Another person”, I suppose, could be an election agent. They could be an election agent of the Liberal Democrats, the Conservative Party, the Labour Party or, presumably, the BNP—anybody could have the information. I would not be very keen on passing on some of the information to such people.

The provision would be a giant step towards a more prying society which I would be reluctant to go along with. I share some of the more general points of principle set out by the noble Lord, Lord Reid. Any data swapping has to be very carefully controlled for specific purposes. I am quite sure that the Liberal Democrats would condemn private companies getting into the business of data swapping in order to determine the patterns of consumer spending, for example. Many companies could justify that in the way the noble Lord seems to justify it for electoral purposes.

A method more suitable to our constitution would be the one cited by the noble Lord in the case of Northern Ireland. I see nothing wrong with registration officers of local authorities speaking in secondary schools and explaining to students the importance of electoral registration. That is a proper thing. If action were taken, as under some of the Labour amendments here, directly by the registration authority itself, rather than our seeking to tap into other things, it would be the right way to proceed. The action could be made much more effective if that procedure, which is the more constitutional practice in our country, was preserved, rather than our seeking a fundamental change whereby information of this sort, collected for one purpose, is made available for a variety of other purposes. That is a very big step which we should take most reluctantly.

--- Later in debate ---

[Lord Tyler]

My Lords, if the Government feel that the amendment is inadequate in that respect, and my noble friend has made his point eloquently, obviously they can adjust the wording at a later stage. However, the amendment is here for the very specific purpose of assisting a registration officer in Great Britain. In other words, I would take that to be somebody who was within their organisation. If my noble friend has better wording, that is fine, but the point that I have to make is simply this: we already have the precedent, which has existed for a very considerable time, of using data that are already available to Government for this purpose. We are seeking to make sure that that is as full as possible. I think that the noble Lord, Lord Reid, will understand that the great majority of DWP data, cited by my noble friend Lord Rennard, will relate to people who are already going to register, in particular elderly people. What we are concerned about is mobile young people, a concern which has been evident also in contributions from the opposition Front Bench today. One of the ways to get to them is clearly through the student loan data and those who register for provisional licences.

[Lord Reid of Cardowan]

I make it clear to the noble Lord, as I did previously, that I do not approach this proposal with cynicism, and I certainly did not suggest that I was in any way suspicious of either his motives or those of the noble Lord who moved the amendment. Indeed, it is courageous that representatives of Liberal Democrats want to put more students on the electoral register. That illustrates that they are not doing it entirely for their own benefit. What I am saying, however, is that you should not take a step down this road, which is to bring together data mining and data matching across government departments, unless you recognise the profundity of it.

Does the noble Lord accept that there will be increasing pressure, in times of austerity, for the government departments that he mentioned to move to the cloud, rather than retain their own databank and their own hardware? There will be great pressure—I see that the noble Lord agrees with me. Does he understand that many of the cloud servers have a business model that is dependent on mining the data that pass through their server in order to get to the databank? Therefore, you should not aggregate these data in such a way unless you recognise that the people in the private sector offering you the service of the cloud will mine those data. Maybe the noble Lord has already considered this but I am trying to make sure that we do not take such a step—not because I am cynical or doubt his motives but because real, profound questions arise out of it.

[Lord Tyler]

The noble Lord has been generous enough to say that he does not in any way question the integrity or approach of my noble friend or me. I do the same for him. I very much appreciate and endorse what he said. In the fast-moving world that we are talking about, these are proper concerns. The whole issue of who would operate the identity cards to which he and his Administration were committed raised precisely those questions, too. I think he would now accept that.

All we are saying here—I look forward to what the noble Baroness will say—is that, having already committed to the use of the DWP data, it is only reasonable to examine other databases that may be balanced in a different way demographically and politically. Maybe the terms in which our amendment is written need to be more carefully considered. That is fine; it is what a Committee stage in your Lordships’ House is all about. I entirely understand the concerns that the noble Lord expressed but we have to be very careful. If we went right down the road of being risk-averse on these issues, we would do no data matching or mining at all and the register would become even more inadequate than it is already. That is a very serious proposition.

I do not know if the noble Lord was in the House earlier, but we had to identify that the status quo now is totally unacceptable. We have dropped back to the low 80s in terms of the completeness of the register. We are not where we were 10 years ago. I think it is agreed on all sides of the House that we have to look at every possible way to improve the integrity of the register both in completeness and accuracy. That is the purpose of our amendments.