Elections Bill (Second sitting) Debate

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Department: Cabinet Office
Wednesday 15th September 2021

(3 years, 2 months ago)

Public Bill Committees
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Chloe Smith Portrait Chloe Smith
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Q Thank you very much for your insight. Is there any more that you would like to say about the particular processes that will be required to support overseas electors in demonstrating their connection to the constituency they are registering in?

Louise Round: As with all these things, some of the detail will come out in secondary legislation. At the moment, it is really tricky because registers are not nationally open. If someone has to show that they have not been on a register apart from in the constituency in which the particular registration office is operating, there is no way really of registration officers checking that, so in a sense it is taken on trust. There is no way for them to check the register even of a neighbouring constituency, let alone one at the other end of the country.

The obligation to be satisfied that someone has a local connection is obviously really time consuming, and it depends how well prepared the person wishing to register is and what evidence they can adduce. At the end of the day, the registration officer has to be satisfied. There is wording in one of the clauses around whether, had they applied a long time ago, they would have at that point been able to demonstrate a local connection, which all begins to get a little existential, almost, and very theoretical. We are not trained detectives, so there is a balance, as in all registration activity, between not wanting to make the requirements so tight that no one can ever be registered and ensuring that we are not registering people who are not entitled to be registered and might be constituency hopping, as it were, to find the most convenient place to register for a particular election depending on what is going on there.

Brendan O'Hara Portrait Brendan O’Hara
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Q Thank you very much for joining us. This morning, Richard Mawrey talked about the widescale postal vote fraud in Birmingham. What have you done to tackle that? What in the Bill helps you to further tackle that wide-scale postal vote fraud, and is anything missing from the Bill that would help you were it to be added?

Rob Connolly: I am not sure that something is missing from the Bill. What always surprises me is the number of postal votes that we get handed in on the day. We are talking perhaps 3,000 to 4,000 at a parliamentary election. We also recorded, as part of what happened, how many people brought the postal votes and in what numbers, and we often asked for names and addresses. There is no legal obligation to tell us, but in case there was a follow-up we tried to address that problem.

After the problems we had in Birmingham, the law was changed to deal with some of the issues that arose. To be honest, I am not aware that we have had major wide-scale problems in Birmingham, but it is not something that we can be overly confident can never happen again; it may do. We just have to be extra vigilant. That is where the joint working comes into play.

Restricting the number of postal votes that you can bring into a polling station may help, but we need to understand in a bit more detail the reasons behind it, because one of my concerns with the Bill is that you might be restricted to bringing in two postal votes into a polling station, but what is stopping you going to another polling station in the constituency and handing in another two? I also worry that by limiting it to such a small number we are potentially disenfranchising the honest person as opposed to your determined fraudster. A bit of work could be done around that.

Brendan O'Hara Portrait Brendan O’Hara
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Q Would it be safe to say that your biggest headache would be around postal voting, and being able to police how postal votes are managed and handled?

Rob Connolly: No, because with postal voting at the moment—I always put that qualification in—we have not had any issues. This is where we work closely with political parties, because we share information on how many we are getting back by ward and by constituency, so that they can spot any potential areas. We have always had a system in place that, if we have more than six new postal applications from a particular household, that would be flagged up and we would have a closer look. We have always put in measures to raise red flags. Individual registration and having to supply, for newer registers, national insurance numbers and dates of birth is helpful. We have the IT equipment whereby we do the signature checking, which is, again, very helpful. IT has moved on a lot since 2004.

Brendan O'Hara Portrait Brendan O’Hara
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Q Finally, how widespread have you found personation at polling booths since you joined the council in the early 2000s?

Rob Connolly: It is not a major issue that has been raised with me by either electors or political parties. We did keep some stats in polling stations as part of how to restore confidence in Birmingham. We would record, when someone came in, why they could not vote—for example, it could be that they come in and their surname is already marked off on the register. We have to do a number of years of research into that, looking, checking the numbers.

The two biggest reasons are, first, it was a simple error on the part of the poll clerk—often, it was a big family and they have just put the mark against the wrong person—and, sometimes, they came in but were marked as a postal voter. Again, it was a simple case of forgetting that they had applied for a postal vote. When we got that information back, we undertook that we would look at those cases, to establish whether there was any possible personation or other types of fraud. However, as I say, we have not picked that up and it has not come through to me from any source that personation has been a major problem. We cannot say that it has never happened or does not happen, because we do not know, but I am fairly confident that if it were widespread at a local level, it would have been picked up by party activists who would report it to us and to West Midlands police.

None Portrait The Chair
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Louise, do you have anything to add to that?

Louise Round: Just to echo what Rob said: the incidents of personation in all the years that I have been doing this have been zero—at least, that we have known about. There is a question about whether the cost and extra administrative burden of voter ID is strictly speaking necessary. As Rob said, it does not mean that it does not happen; we just do not know whether it has ever happened.