European Union Referendum (Voter Registration) Regulations 2016

Lord Trefgarne Excerpts

Thursday 9th June 2016 Lords Chamber

[Lord Maxton (Lab)]

My Lords, I will be brief, although I am tempted to go into a long diatribe about compulsory registration, which I think ought to be the case, as people would automatically be registered and would have to take themselves off the register rather than the other way round. That would be the best way of doing it.

What I am concerned about now, however, is registration for the postal vote. We ought to be extending it in the same way, to the end of tomorrow, because the original deadline to ask for a postal vote was 24 hours after closure of the registration process. Now there will be at least a full 24 hours—that is, today—when no one will be able to apply for a postal vote. I think that that is wrong and I hope that the Government will look at it again and consider whether we might have postal voting for those who apply for registration today.

[Lord Trefgarne (Con)]

My Lords, I rise to support the Motion proposed by my noble friend. As your Lordships may be aware, although this is not set out in the Standing Orders, it is normal practice for your Lordships’ Secondary Legislation Scrutiny Committee, of which I have the honour to be chairman, to report on incidents such as this before they are considered by your Lordships. Clearly that was not possible on this occasion, but I have taken the opportunity to consult as many of the members of my committee as possible. None has raised any objection. I am therefore happy to say to my noble friend that I approve of what he proposes and that my committee has given its informal approval for that process. These are what, in other contexts, we have come to call exceptional circumstances. They clearly apply in this case, and I approve of my noble friend’s proposal.

[Lord Rennard (LD)]

My Lords, first, I thank the Minister for his kind words yesterday about my knowledge and interest in this area. I also ask him to convey my thanks to the Minister for Constitutional Reform for his most helpful recent letter which was also copied to my fellow officers of the All-Party Parliamentary Group on Democratic Participation. As the Minister will know, we are discussing with his colleagues our recent Missing Millions report, trying to tackle some of the longer-term problems which have been highlighted this week.

I want to say from these Benches how grateful we are to the Government for acting so expeditiously and properly to ensure that the problems with online registration did not result in people being disenfranchised. Today’s Daily Express headline suggesting that allowing people to vote is somehow “rigging the system” is at least as ridiculous as any of its conspiracy theories concerning the late Diana, Princess of Wales.

Some 242,000 people applied to register to vote yesterday, and more will do so by midnight tonight. But the problem that I raised with the Minister yesterday is that these people were not able to find out easily whether they were already registered, and many of them were. The problems of trying to get people registered at the last minute are the problems that arise from the weaknesses in the system, which have led to the general problem of under-registration. Yesterday, the Minister responded to my point that we really need an online system in which people can easily check whether or not they are already registered. He expressed concern about the creation of a national database to facilitate this. He said that,

“we must guard any solution which results in whole swathes of data unnecessarily being held centrally”.—[Official Report, 8/6/16; col. 751.]

But does he not have concerns that all the major political parties, including his own, already have such a database? All the political parties are entitled to copies of the electoral register in electronic format and they can either aggregate that information or work with any of the credit agencies which also legally have full access to the electoral register. So there are already national databases showing exactly who is on the electoral register.

While there may be some confusion over addresses appearing on those registers in different formats, it should not be hard, for example, for someone to supply their name, postcode, national insurance number or other identification to see whether they are already registered. I raised this issue today with the Electoral Commission. I quote briefly from its email, which is most helpful on this issue. On the question of an online register and checking whether someone is already registered, it says:

“This is a recommendation that we continue to make to Government, including in our February 2016 report, after we received feedback from Electoral Registration Officers, and from electors themselves, that this would be a helpful service. You might already be aware that similar facilities are already offered to voters in other comparable democracies, including Australia and New Zealand”.

Therefore, it seems to me that it would not be too difficult a problem for us to address. We know that in total there may be around 7 million people missing from the registers, and 4 million of them may be young people. I asked in a recent debate why we do not make the electoral registration process part of the student enrolment process. The Minister said that it had been piloted successfully in Sheffield and Cardiff. As it has been piloted successfully there, why can we not roll it out across the whole country? We could make it a universal provision. I have also been pressing, as have many Members of the House, for us to adopt the Northern Ireland model of registering 16 and 17 year-olds as part of citizenship classes at school. The Minister told me that many electoral registration officers are already working with local schools and colleges in their area—but why not all of them? The excuse that Northern Ireland does not yet have online registration is no reason at all for not spreading successful good practice in registering young people across Great Britain.

Finally, I ask the Minister to clarify an issue in the Explanatory Memorandum to this statutory instrument. It states that,

“the Law Commission is currently undertaking a review of electoral law in the United Kingdom and expects to present its recommendations to Government in 2016”.

However, the Law Commission published its interim report on 4 February and made many sensible recommendations for tidying up and modernising our election laws. I have since then been asking for the Government’s response to what the Law Commission said, as the next stages require the Government, instructing parliamentary counsel, to draft the Bill required. The Electoral Commission, I might add, is also extremely keen that this happens. So, what is the Government response to the Law Commission’s report?