Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2015

Debate between Lord Wills and Lord Empey

Tuesday 27th October 2015 Lords Chamber

[Lord Wills]

No, my Lords. As I have already said, this is a difficult issue because we are trying to balance competing priorities. Of course the accuracy of the register is important, which is why all sides support the introduction of individual registration and why as a Minister I legislated to bring it into play. There is no question about the importance attached to accuracy. However, it has to be balanced by a comprehensive register, for all the reasons I have endeavoured to set out today. The Government could have done a very simple thing: they could have accepted the Electoral Commission’s recommendations. It would not have solved all the problems—they are too intractable for that—but it would have helped. The Government have decided to reject that. The risks are clear but, for no good reason, the Government have ignored them. Despite the eloquence of the noble Lord, Lord Lexden, and what I am sure will be the eloquence of the Minister in due course, no good reasons have been given for doing this.

The last time I spoke in a debate with the Minister at the Dispatch Box, I recommended that he read Aristotle. I am sure that, with his very heavy workload, he has not managed to pull down that well-thumbed volume from his bookshelves, so perhaps I may remind him of the words of that great Greek philosopher. He said that,

“constitutions which aim at the common advantage are correct and just without qualification, whereas those which aim only at the advantage of the rulers”—

or, in this case, only at the advantage of the Conservative Party—

“are deviant and unjust because they involve despotic rule which is inappropriate for a community of free persons”.

Once again, I recommend those words to the Minister; and to your Lordships’ House, I also recommend the conclusion of the royal commission, in 2000, that your Lordships’ House should act as a “constitutional long-stop” to ensure that,

“changes are not made to the constitution without full and open debate and an awareness of the consequences”.

That is why I will support this Motion.

[Lord Empey (UUP)]

My Lords, the noble Lord, Lord Wills, used the word haste, but this process has been going at a snail’s pace for years. We introduced individual electoral registration in 2002. As my noble friend Lord Lexden pointed out, the solution in dealing with the inevitable groups who tend to be underrepresented on every electoral register is not just to sit back and leave on the register loads of people who may or may not exist; as my noble friend Lord Lexden said, you target those groups. You form a schools initiative and go round the universities and the schools. We had a mobile unit that went round housing estates knocking on doors and to community centres to give people photographic ID cards so that they could use them at the electoral office if they did not have passports or driving licences. You target the people who you know are traditionally not on the registers.

As the noble Lord, Lord Tyler, said, the Electoral Commission is a body that the whole House respects. However, it is not a body that we take instructions from; it is a body that we listen to and consider. Take the Scottish referendum: I do not think that that was a particularly great example of good advice.

Nevertheless, we are talking about a balance of risk: the risk that people who are currently on the register will be denied a vote in the future versus the risk that people will be on the register and constituency boundaries drawn up on the basis of people who are not there at all.

There is another category of person that has not been identified. We talked about a figure of 1.9 million people. But even on the figures that we are getting more recently, that number will have reduced substantially, one way or the other, by the time that we come to December. However, that does not mean that those 1.1 million or 1.2 million people, as it will be by that stage, will not be on the electoral register; it just means that they will not be on the register at the address that they were knocked off it from.

In Belfast, there was a transition period when the process came in, and the register was printed including the names of those who were not individually registered. That is perfectly sensible and reasonable. However, a point came at which we decided to draw the line. At that point, people had to be individually registered or else they were taken off the register. In the Botanic ward in Belfast, near the university—my noble friend Lord Lexden will be very familiar with it—the number of people on the electoral register dropped by 27%. The reason was that the students, nurses, junior doctors and others in the area who occupied many of the dwellings were not there. However, they were registered at their home address in various other parts of the country. Just because a number of people are taken off the register, that does not mean that they are not voting somewhere. That is an issue that has to be taken into account, but which has not been in this debate so far.

The Act that the Minister has used to bring this provision forward provided him with the opportunity to do so. It could have said “2016”, but it included the provision that it could be brought in earlier. Presumably, therefore, at that stage, the Minister and the House saw circumstances in which there could be a variation in the timing of this process.

As I said to someone rather light-heartedly, even with these measures being introduced, it was lily-livered legislation. For example, it does not deal with the barking mad idea of postal votes on demand. Also, people still need to have photographic ID—there are huge gaps. However, I do not believe in the blood-curdling prognosis that the noble Lord, Lord Tyler, has brought forward as the risk factor here. In a transition from one system to another, there is always risk. It is a question of finding out what the balance is. There is substantial time and still opportunity to do that.

A big push should be made between now and the end of the year for publicity and action at local level. I also believe that the opportunity will still exist after 1 December for people to register. They should do what we did and target groups—it works. We have the proof, in that we got young people on to the register at a very high level. Target the schools, universities and community centres, particularly those in urban areas, because we all accept that the same profile of individual tends to be off the register in most places.

There is also another category of person: those who do not wish to be on the register. That can be for a variety of reasons: they could be “doing the double”, avoiding moneylenders or all sorts of things. People deliberately take themselves off the register. In my view, there is no way that we are going to deal with that, unless we change the law dramatically.

On balance, the risk here is that there are grossly inaccurate registers in certain places. There is no point in persisting and saying, “Well, we’ll keep it going for longer and longer”, because that will not fix anything. If you identify a problem in a particular area, you go and target the area. The local councils know where these areas are. We know where the schools are and where the universities are. Target those places instead of this blunderbuss approach where you just carry on and hope that, over time, it will get it more accurate. It will not.