Bernard Jenkin
Main Page: Bernard Jenkin (Conservative - Harwich and North Essex)
Mr Letwin
My hon. Friend asks a very good question. Unfortunately, I can give him only a very partial answer. We know as a fact that there were, if memory serves, 214,000 applications in the hour leading up to the crash. What we cannot know, because it is in the nature of the computer system that it cannot tell us, is how many people either tried or would have tried to apply during the succeeding 90 minutes or so during which they were unable to apply. The answer is therefore that I cannot tell.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Have the Government made any inquiries, assessment or technical analysis of whether there is any possibility that some malevolent attack was made on the website at that time, as opposed to there being an incredibly unusual spike in the numbers?
Mr Letwin
My hon. Friend will very much recognise that I am not a technical expert on computing, but I am advised by those in the Cabinet Office and the Government Digital Service that, as far as they can make out, there was no untoward event whatsoever. There was simply an incapacity of the system to handle that number of applications. The system is designed to be scoped to deal with a certain number of simultaneous events, and that number was exceeded during that period, so in retrospect, it was not surprising that it fell over. I should add that since that time, as the very first lesson learned, the website has been altered so that it has a larger capacity—I think almost twice as much capacity—to be able to deal with a higher number of simultaneous events than previously.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
May I correct any misinterpretation? Everyone I know in the leave campaign—in Vote Leave, in particular—welcomes the enormous interest and surge in the number of people registering to take part in the referendum. It was clearly imperative that something be done, if possible, to address the anomaly that arose on Tuesday night. I welcome the fact that young people in particular are registering, and I absolutely take the point made by my hon. Friend the Member for Norwich North (Chloe Smith) that anybody in politics who thinks they will thrive on a lower turnout is not thriving in a democracy that we want to be part of.
There will be a time for an inquest, not just by the Electoral Commission or the Government, but by the Public Administration and Constitutional Affairs Committee. We have already pencilled in what we will do in the aftermath of the referendum, to see what lessons should be learned, and in the aftermath of the general election, individual registration and so on.
John Redwood
Is it not particularly important in the case of big national issues, such as whether we want an independent democracy in one country, that the electorate be the one chosen by Parliament? Does my hon. Friend share my concern that there is not proper control over continental Europeans registering and voting in the referendum?
Mr Jenkin
I was going to come to that later but will deal with it now. With individual registration, it is imperative that every new registration is cross-checked with national insurance data and, if necessary, Border Agency data. There is no post-registration audit of electoral registers, so anybody who is mis-registered stays on them. This needs to be looked at, because we have no idea how many non-UK EU nationals not from Malta, Cyprus or Ireland are recorded as eligible to vote and have been sent ballot papers, not because of a software glitch but simply because they were mis-registered, either on purpose or inadvertently. Indeed, one electoral returning officer told a member of the House of Commons Library—off the record—that if somebody lies on their registration form and it cannot be checked, nothing can be done about it. The person still has to be registered. There is no way of cross-checking to find out whether someone has lied.
Mr Hollobone
I am listening to my hon. Friend’s remarks with great care. This is an issue for my constituents, who are really concerned about it. If an EU citizen in the borough of Kettering applies to be on the register but ticks the wrong box—either inadvertently or deliberately—and declares that they are a UK citizen, can that be picked up and the application rejected? I have not yet heard that there is a mechanism for doing that, and certainly not if there are to be 100,000 or hundreds of thousands in just a few hours.
Mr Jenkin
My hon. Friend raises a legitimate question, and we should inquire further into it. There should be a fail-safe way of ensuring that someone is who they say they are when they register their vote. At the moment, there is not. If people on the register now who are registered incorrectly are being sent ballot papers, and if it is not due to a software glitch, there is no way of picking it up.
I have urged the Electoral Commission to make more public statements, because the system now has different franchises for different purposes. Why will there not be notices in polling stations? The electoral officer is bound to offer a ballot paper to someone who is on the register, but a “Read this” notice could make it clear that people who are not eligible to vote but who knowingly do so commit a criminal offence.
Mr Kevan Jones
I accept the point about people filling in the application form without declaring that they are an EU citizen, but if they are an EU citizen they will be marked up as such on the register at the polling station. If they were sent a polling card inadvertently, the clerk would know that they were not entitled to vote.
Mr Jenkin
Not if they were misrecorded—that is the point. We need to make people aware of who is eligible to vote. It would be perfectly reasonable for the Electoral Commission and the Government to make more visible public statements to make it clear that if someone has been offered a ballot paper but is not eligible to vote— and knows it—it is an offence to vote. It is as simple as that. I am not asking polling officers to discriminate when the vote takes place; I am simply asking for more clarification and greater public awareness of who is and is not eligible to vote.
Mike Weir (Angus) (SNP)
This is not a new issue. The registers for the Scottish Parliament elections and the local government elections are different from that for the UK general election. We had elections for the Scottish Parliament about a year after the Westminster general election, but the problem highlighted by the hon. Member for Harwich and North Essex (Mr Jenkin) did not arise—there was not a great deal of confusion. I suspect that the hon. Gentleman is making a mountain out of a molehill.
Mr Jenkin
If the wrong people are able to vote, it is not making a mountain out of a molehill. I am sure that the hon. Gentleman would not want the wrong people to vote, so I am surprised that he does not want the public to have the information that they should have.
The matter before us should not have arisen. It reflects a lack of adaptation, because individual registration has enormously increased the pressure on systems to cope with the problem. The Government were warned by the Electoral Commission and the Public Administration Committee, as it then was, about the consequences of rushing forward with individual registration, however desirable it was. There was a lack of foresight. The Government agreed to spend millions of pounds on promoting registration in the run-up to this poll. Perhaps they should have used publicity to clarify that people did not have to re-register if they were already on the register. As my right hon. Friend the Member for North Somerset (Dr Fox) rightly noted, and as the Minister confirmed, a great number of people registered to vote in this referendum when they were already on the register—perhaps up to 75% of those applying. That is one reason why the system has become clogged up. People have not clearly understood that if they are already on the register, they do not need to re-register. We need to learn from that.
Let us be clear about the consequences. A requirement to change the law when a poll for postal voters has effectively already opened is highly irregular. If this happened in some fledgling democracy in the former Soviet Union or in Africa, what would the observers say about the conduct of the poll? This is a really unpleasant precedent to set in our system, which should be one of the finest democracies in the world. The fact that Ministers have spent so much talking to lawyers underlines the point I made yesterday that this is on the cusp of legality. We are on the edge of what is acceptable. I do not for a moment believe that there will be a legitimate challenge, but the fact that we have to consult lawyers in such detail and so carefully to get this right underlines the pickle that we are in as a result of this lack of foresight and lack of care.
More pressure is being placed on electoral returning officers and electoral administrators. I have heard anecdotally from one authority that “we are near breaking-point”. There are record numbers of postal votes, record numbers of registrations, record numbers of proxies in a massive national poll, on which so much is hanging. The pressure is on them, and this adds to that pressure. We should be mindful of that, thank them for their incredible commitment, which makes our democracy run so smoothly most of the time and wish them well in their tasks.
I extend my best wishes, too, to the Electoral Commission. I and others have criticised it, but it is doing its best under very difficult circumstances. There may be lessons to learn about the future of the Electoral Commission and the future role of the Cabinet Office when we conduct our inquest into this referendum.