Electoral Registration and Administration Bill

Clive Betts Excerpts

Wednesday 23rd May 2012 Commons Chamber

[Mr Harper]

There are, but I do not think that Members would be very pleased if I took all of them to speak from the Front Bench. Other Members want to participate in the debate.

I will finish answering the question from my hon. Friend the Member for Wolverhampton South West (Paul Uppal). If the check with the DWP database, the data matching or other information suggests to the electoral registration officers that a person is not eligible to vote, because they are not a real person or because they do not live at the given address, of course they will remove them from the register. This is about carrying forward people when there is no information to suggest that they are not eligible, and they simply have not registered. We thought, on balance, that it was better to do the carry-forward to avoid the problem that occurred when individual registration was implemented in Northern Ireland. The consultation suggests that we have got that balance right.

[Mr Clive Betts (Sheffield South East) (Lab)]

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[Chris Ruane]

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[Chris Ruane]

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[Mr Betts]

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[Mr Harper]

Go on then; I give way to the hon. Member for Vale of Clwyd (Chris Ruane)

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[Mr Harper]

Canvassers will be able to identify that there are voters at an address, but each voter will have to register individually and provide their information to the local authority so that it can be verified. We will examine the canvass process when we develop the secondary legislation. Because of the nature of the information being collected on the doorstep—not just people’s names and addresses but their national insurance numbers—we need to take data security carefully, as we have at every step of the way. We will continue to have discussions with local authorities and the Information Commissioner about how best we can do that, but we have a robust set of processes in place to ensure that everyone is registered.

[Mr Betts]

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[Mark Tami]

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[Mr Harper]

Let me make a bit more progress, then I will give way to the hon. Member for Sheffield South East (Mr Betts), who has been bidding to get in for some time.

The use of data matching to confirm existing electors will simplify the transition process for most people in the country. It will create a floor below which registration rates cannot fall, and importantly it will allow registration officers to focus their efforts and resources on electors whose details cannot be confirmed and eligible people who are not on the register.

[Mr Betts]

The Minister said that there would not be transitional arrangements for people who have a postal vote. Does he understand that people who have applied for a postal vote in the past now assume that they are going to get one at every election? There could be a real problem with the Government’s proposals, because, in 2015, people who assume that they are going to get a postal vote will not get one as the lists will have been scrapped. That could have an adverse affect on turnout, because postal voters are more likely to vote, and it could effectively discriminate against the elderly and people with disabilities, who are proportionately more likely to have a postal vote.

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[Mr Clive Betts (Sheffield South East) (Lab)]

First, let me say that the principle of individual registration is unarguably right; indeed, I have supported it for some time. Excellent work has been done by the Political and Constitutional Reform Committee in this Parliament, but I have read again the recommendations of 2004-05, when a Joint Committee of the Committees of Constitutional Affairs and the then Office of the Deputy Prime Minister looked at this issue. We supported the principle of individual registration, and looked at a number of ways in which that could have been done. However, neither of the main political parties chose to look at a proposal I thought might be appropriate: a common household form that individuals signed, so that people registered individually on a single form.

At that time, we discussed the possible consequences of individual registration not being done properly, and that issue has been part of the general argument ever since. As the introduction of these new measures is now being speeded up, I ask the Minister what will happen if our worst fears are realised and there is a significant fall in the number of people on the register. What will the Government’s answer be at that point? Is there a plan B? Are measures in place to address that eventuality, or will Ministers simply wring their hands and say, “Oh dear, we didn’t really intend that. It shouldn’t have happened, but it has happened and there’s nothing we can do about it”? It is reasonable and right that we raise those concerns at this point and ask Ministers to respond to them.

Back in 2004-05, we looked at data matching, which is key if we are to get this process right. It is an integral part of the system, and it is absolutely right that electoral registration officers have access to a whole range of data from private and public bodies—the utilities, postal services, universities and colleges, local authority housing associations, local authority schools, academies and universities. I congratulate the Government on going ahead with their pilots, which is the correct way to proceed. The problem is that, as we know—the hon. Member for Peterborough (Mr Jackson) just mentioned it—the pilots were not terribly informative. They did not convince anyone that the process was in place for data matching to deliver significant improvements to the register at this stage. The Electoral Commission said that the analysis lacked a common methodological framework—in other words, there was no common assessment of the benefits of the different pilots.

I welcome the Government saying that there should be a second round of pilots, but we have not reached the point where we can conclude that there will be significant benefits to the register. Pushing ahead with the new regime of individual registration when we do not really know what the best forms of data matching are and how they will work is a major concern. It is not that I am against the principle of individual registration; however, we are not yet certain that we have the schemes in place really to improve registration through the data-matching process.

The hon. Member for Burnley (Gordon Birtwistle) finally got there, did he not? If we had an ID card system in place, we would have everything we need—we would not need to worry about data matching because we would have the basis for a comprehensive electoral registration system with individual registration. We would not have to duplicate it or provide lots of information to different local organisations. This issue is often missed out in these discussions, but the hon. Gentleman got there in the end—two years late. Perhaps some of his colleagues might do so as well.

I am in favour of complete reform of the electoral registration process. Before the Select Committee produced its report, it went to Australia to see what happens there. They described their system to us, and we described ours to them, and they looked at us with a slight degree of amazement when we explained that the main part of our process was to write each year to every household to try to get a response. The people who responded were those who normally respond, and they were often the households that stay the same year in, year out. In other words, we concentrated all our resources on writing at the same time of year to people whose circumstances had not changed. That is a very inefficient and ineffective system, because it does not target the groups who do not respond or the people whose circumstances have changed.

In Australia, they adopt the data-matching approach. They have an existing register, and they make changes when they get information about a change in circumstances—for example, that new people have moved in and others have moved out, or that someone has become eligible to vote because they are now older. They get such information from schools, universities and so on. Their system is based on targeting resources on people who move or whose circumstances in some way change, making sure that they are followed up so that the register can be altered accordingly.

At the time of the report, we recommended that when the system is comprehensively reformed, the annual canvass be dropped and replaced with a three-year audit to check that the register is accurate as a result of the data matching. That is an ideal ultimate position to reach; the problem is that we do not know which data-matching systems will work, and until we do, it is very dangerous to take away other parts of the system that are currently important in ensuring that we get as comprehensive a register as possible. We all know from the excellent work done by my hon. Friend the Member for Vale of Clwyd (Chris Ruane) that our register is not very accurate, so we must be very concerned about anything that might worsen it.

On the Government’s approach to people who do not register, I welcome their decision to introduce a civil penalty, as it is the right approach. People have a responsibility to register, and the Government’s change in position on that is welcome. They have clearly listened to the evidence, information and views put to them, and responded appropriately. However, I would go further on the requirements.

My hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) raised this next matter in a meeting I was at a few weeks ago. If people are going to need services or benefits from the state that require them to give an address—this is in addition to data being obtained from various parts of government to inform electoral registration officers of the state of play on their register and individuals’ addresses—I do not see any reason why they should not be required to show that they are registered at that address. If someone is going to claim benefits or services from the state, they also have a responsibility to act as a citizen. As a citizen, they should be required to do jury duty and not pass that requirement on to others. Why should they not be required to be eligible for jury duty and therefore to have to register?

[Siobhain McDonagh]

I thank my hon. Friend for supporting my ten-minute rule Bill in the last Session. I hope to bring it back, and I hope that it will have all-party support.

[Mr Betts]

I am certainly prepared to support that Bill.

This is not just about jury service; it is also about the fact that the registers are used to draw up boundaries. If some people decide that they want to opt out of registration, they are, in effect, undermining and reducing the level of electoral representation in their area, by making the constituency they live in have a larger number of residents. That is because the boundaries will be made on the basis not of the number of residents, but the number of people registered to vote in areas. Again, it is a matter of civic responsibility that people should be registering. If they take services and benefits from the state, they should give something back in return.

The other issue I briefly wish to address is how we go about forming a national regime for improving registration. We have to examine the powers that the Electoral Commission has and those it is asking for. As a localist, I think we are currently too prescriptive about the means of getting a comprehensive register. I have mentioned that we may not require the annual canvass in future. The Electoral Commission should give electoral registration officers a general requirement to ensure that as high a percentage of people in an area register as possible. The Electoral Commission should give guidelines and examples of good practice as to how that should be achieved. If EROs then do not carry out their functions—if we clearly see that in some areas the process is failing, whereas in others it is succeeding—the Electoral Commission should have powers not merely to monitor and shame those officers who are not performing in their duties, but to intervene. Those powers are lacking in this Bill. The commission has asked for them—people from the commission mention them every time we meet—and we ought to examine them. We need less prescription about how this is done; a clear requirement for EROs to maximise registration; a clear requirement for the commission to give guidelines and examples of good practice; and powers for the commission then to intervene if there is a failure in particular areas.

I say to the Minister that I have been partly reassured on postal votes. It is very important that people who have long-term postal votes, not for any fraudulent reason, but because they simply need them—perhaps because they are elderly, they are disabled or they work away from home a lot—should not be disadvantaged in any way. As we saw, turnouts in the recent local elections were not high, but turnouts among postal voters, certainly in my constituency, where there have been no allegations of electoral fraud that I am aware of, were much higher. If we do anything to discourage legitimate postal voting, we will reduce turnout, and it is important that we keep that in mind.

I shall conclude now, as I am aware that other hon. Members wish to contribute. I just say to the Minister that the reasoned amendment is just that—it is a reasoned amendment. Many—perhaps all—Labour Members are not against the principle of individual registration; we are merely concerned about an undue rush to implement it, which could damage the number of people registering. Such damage would not be intended by Ministers but, if it were to occur, it would be very damaging to the whole democratic process in this country.

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[Mr Heath]

Indeed I will, as the Parliamentary Secretary did when he moved the motion earlier. I think that is an important innovation.

Many colleagues on the Government Benches stressed the dangers of electoral fraud, which are clearly there. We heard reminders of that from the hon. Members for Peterborough, for Pendle (Andrew Stephenson), for Epping Forest (Mrs Laing), for Dewsbury (Simon Reevell), for Witham (Priti Patel) and for Enfield North (Nick de Bois) and, by intervention, from my colleague, my hon. Friend the Member for Burnley (Gordon Birtwistle). I simply cannot understand the point made by the shadow Deputy Leader of the House, the hon. Member for Penistone and Stocksbridge (Angela Smith), who suggested that there was some defect in the process of bringing forward the Bill, because I cannot remember a single Bill that has gone through so many processes of pre-legislative scrutiny. It is actually held up as an exemplar of good process, so I am sad that she does not recognise that.

I do not have time to go through all the details of the contributions from hon. Members, but I will refer to a few. I thought that the hon. Member for Sheffield South East (Mr Betts) made a reasoned and well-argued case. He does know a little about this because he has supported the principle for many years, as he said. He read out the report from eight years ago.

[Mr Betts]

In raising that issue, I asked what the Government would do if the Bill, when an Act, leads to a substantial fall in registration.

[Mr Heath]

We are confident that it will not do so—[Interruption.] But let me say that I can point to the fact that we had a substantial fall in registration during the period of the previous Government, so I ask myself, “What did that Government do about the disgrace of 3 million people falling off the register?” The answer is nothing. We are putting forward concrete measures to ensure that we not only have a register with integrity, but recruit as many additional people as possible to it, and online registration, for example, will be a major boost to young people’s registration, because it will make the process easier for them.

As I have said, I will have to rush through my response to several contributions. I have to disappoint the hon. Member for Pendle in one respect, because we do not intend to remove what he described as postal votes on demand. A great many people benefit from postal votes, and we need to maintain that.

My hon. Friend the Member for North Cornwall (Dan Rogerson) talked about second home owners and will know the distinction between someone who owns a second home and someone who is resident in more than one home. His local councils have been taking action on that, and, as I know he will be glad to hear, we are still considering the matter of the edited register.

The hon. Member for Epping Forest raised the question of queuing, but I think that the Parliamentary Secretary has already answered that point, when he mentioned the changes in administration locally which ought to cure that problem.

I was very taken by the speech from the hon. Member for Sunderland Central (Julie Elliott). She made a number of very important points about how the system will work, and we will carefully consider them, but may I give her one piece of reassurance? She mentioned the electoral arrangements in her own city of Sunderland, which are very good, and one reason why is Mr Dave Smith, the city council’s chief executive, who is on the programme board, so we will benefit directly from his advice.

My hon. Friend the Member for Ceredigion (Mr Williams) welcomed these changes, and may I reassure him again on the important point about the carry-over of postal votes? If people’s details do not change, the carry-over will happen automatically and we will not lose them from the register. The hon. Member for Vale of Clwyd (Chris Ruane) asked again about publishing the secondary legislation during the progress of the Bill, and I reassure him again that we will do so—unlike our predecessors, who did not do so with previous Bills. The hon. Member for Witham asked for an assurance, which I can give her. The Government will not use this Bill to amend prisoner voting rights, whatever may be said in the courts.

The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) was for the principle of the Bill and asked how it will affect European parliamentary election preparations. The simple answer is that it will improve the accuracy of the register by moving the canvass date, and I think that that will be helpful. The hon. Member for Plymouth, Sutton and Devonport (Oliver Colvile) mentioned the service personnel issue, which is a very important principle, and we need to consider a mechanism to facilitate registration and registration updates as part of the arrivals process for personnel at new postings.

I will not be able to answer all the points that have been made, but I felt that the contribution of the hon. Member for Caerphilly (Mr David) was very sad indeed because he was desperately casting about for a reason to oppose a Bill that he supports in principle, and for some reason to say that, despite the Government having made concessions in a range of areas where we have listened to what people have said, it was still not enough. He was desperate to find good reasons to vote against the Bill, but he did not persuade me, I doubt if he has persuaded the House, and I commend this Bill to the House.

Question put, That the amendment be made.