Electoral Registration and Administration Bill

David Amess Excerpts

Monday 18th June 2012 Commons Chamber

[Angela Smith]

I beg to move amendment 5, page 18, line 27, at end insert—

‘(4A) In section 53 of the Representation of the People Act 1983 (power to make regulations as to registration, etc), after subsection (1) insert—

( ) Provisions shall be made by regulations requiring local authorities to share data with a registration officer in Great Britain for the purpose of—

(a) verifying information relating to a person who is registered in a register maintained by the officer or who is named in an application for registration in, or alteration of, a register,

(b) ascertaining the names and addresses of people who are not registered but who are entitled to be registered, or

(c) identifying those people who are registered but who are not entitled to be registered.

( ) Registration officers in Great Britain are to be under an obligation to utilise such information for these purposes.”.’.

[The Temporary Chair (Mr David Amess)]

With this it will be convenient to discuss the following: amendment 9, in clause 4, page 4, line 13, at end insert—

‘(5A) All higher and further education institutions must cooperate with local officers in providing a comprehensive list of students in all forms of residential accommodation.

(5B) Such lists must be provided at the start of each academic year.

(5C) Local authority officers must write individually to all students with an electoral registration form.’.

Amendment 10, page 4, line 13, at end insert—

‘(5D) In all forms of sheltered accommodation the person with responsibility for managing an individual premises must provide a list on an annual basis of individual residents to the local authority officer.

(5E) The local authority officer must write individually to all residents whose names have been provided on such lists.’.

Amendment 11, page 4, line 13, at end insert—

‘(5F) All private landlords must provide the relevant local authority on an annual basis with a list of all individuals to whom they rent residential accommodation. The local authority officer must write individually to all residents whose names have been provided on such lists.’.

[Angela Smith]

Before I move to the amendments, I want to reiterate the point made by my hon. Friend the Member for Caerphilly (Mr David), when he said that the Opposition support the principle of individual registration—it is important to keep repeating that—but that we think it can be improved. To some extent, then, our amendments seek to test the Minister’s thinking on information sharing.

Schedule 2 deals with information sharing and checking, and provides a clearing-house approach, so to speak, to verifying applications to join the register and to ascertaining the correct information for those who have not applied or those who are registered but not entitled to be so. The schedule provides for an important role, allowing the Secretary of State to establish the boundaries of the process for collecting, processing and disposing of data once used for the purposes for which it was released.

The schedule also makes it clear that criminal penalties will be levied for disclosing information in breach of regulations yet to be laid. Paragraph 93 of the explanatory notes makes it clear that the Secretary of State may require the Electoral Commission, the Information Commissioner and any other person he or she thinks appropriate to play a part in establishing the provision, and

“may also require the Commission to prepare a report on how data sharing arrangements have worked by a specified date.”

Furthermore, if a report is provided, it must be published by the Secretary of State concerned.

We consider that the right arrangement. We have laws relating to data sharing, which obviously is a sensitive issue, and those laws are rightly the law of the land. Nevertheless, we have some important questions. The Minister has committed in the legislation to funding the above provision. Will he commit to funding the provision properly, so that the work can be done efficiently and promptly? Will he share his thoughts about establishing the mechanism? Who will staff the new provision? Will it be another quango? Will it be another public body? If so, to whom would it be accountable? Who will oversee its work? And, importantly, will service-level standards be laid down in regulations? The last thing we want is for the right to register to be delayed unnecessarily because of backlogs or because data provided by applicants has not been verified by this new public body—if that is what it is.

Amendment 5, on data sharing, is slightly different: it is not about data sharing between one public body and another but about data sharing within a local authority. We want the Bill to oblige electoral registration officers, within local authorities, to use the data already available to him or her to verify as many applications as possible. We mostly know what those data are. The council tax database is one of the quickest and most effective means of verifying, in particular, the addresses of applicants. We also have council tenant lists and school rolls. All these databases, owned by every local authority in the land, can be used to help identify applicants.

There is no need, then, for the clearing-house mechanism in schedule 2 in relation to the data already held by a local authority. There is a clear distinction to make. A clearing-house mechanism is required, for example, when comparing Department for Work and Pensions data with the data supplied by applicants, but that is not the case within local authorities. That is an efficient use of public money. Many good electoral registration officers already follow this practice and make use of council tax databases to identify those who fail to register, but we need to strengthen that practice by obliging them to do it as a matter of routine.

Amendments 9 to 11 relate to clause 4 but have been grouped under schedule 2. We will come to clause 4 later in proceedings, but suffice it to say that the amendments relate to data sharing. A relatively superficial level of data could be shared by organisations such as universities, sheltered housing providers and private landlords.

--- Later in debate ---

[The Temporary Chair (Mr David Amess)]

With this it will be convenient to discuss the following: amendment 8, page 4, line 6, at end insert—

‘(3A) Each local authority must write once a year to each address in their Local Land and Property Gazetteer (in Scotland the local addresses in the One Scotland Gazetteer).

(3B) Local authorities must also write to those properties not listed in the Gazetteer but which the local authority believes have been built in the previous two years.

(3C) In addition, the local authority should write to every property from which an electoral registration form has been returned within the past 10 years, except where the officer has good reason to believe that the property is no longer residential or has been demolished, and

(3D) The local authority should write to each property to which it has served a notice for charges or taxes within the previous five years.’.

Amendment 7, page 4, line 9, leave out ‘may’ and insert ‘must’.

[Angela Smith]

Clause 4 is important because it restates the requirement for an annual canvass, which we feel strongly about. It acts as a safeguard against potential long-term deterioration in the accuracy of the electoral register. Indeed, during an evidence session of the Political and Constitutional Reform Committee, the hon. Member for Epping Forest (Mrs Laing) made the point that in two constituencies that she had looked at—neither of them her own—the number of electors in 2011 was

“approximately 3,000 fewer than in 2010 when the general election took place.”

Her conclusion was that many people do not bother to re-register once a general election has come and gone. That encapsulates, for me and other Opposition Members, why we still need the annual canvass.

It is also a proactive approach, rather than one based on council officers chasing the gaps—for want of a better phrase—looking at and trying to resolve the apparent anomalies, and dealing with absences in the register via data-sharing and pursuance of the individuals concerned. That latter approach takes place behind the scenes and suggests that we need permanently to coerce people to go on the register. Although it cannot be denied that some people in this country refuse to register—many such cases, unfortunately, date back to the days of the poll tax fiasco, when many voters deliberately fell off the register in order to avoid being detected and paying fines—we believe that the best approach is a proactive one that gives people the opportunity, on an annual basis, willingly to apply to be on the register. That is what democracy is about; it is about saying to the citizens of any city, town or village, “We want you to exercise your right to vote, and to come forward with the information we need to put you on the register.” The annual canvass is a good and effective way of doing that.

As I have said, the clause restates the importance of the annual canvass, but it also deletes the current requirement that it be conducted on an annual basis every October. The key point is that it is 38 years since a general election took place in autumn or winter—that was the crisis election of October 1974. The one previous to that was another crisis election, that of February 1974. As we will all remember, that was triggered by a Prime Minister who wanted to call the miners’ bluff and asked who ran the country. Before that we had the March 1970 general election, which I am just old enough to remember. Prior to that were the elections in 1950 and 1951, which, of course, I am not old enough to recall—I thank God for that. The annual canvass should take place at a time of the year when we are least likely to have elections, and the EROs have the time and space to the job properly. They do not need to feel the pressure of an election coming in six or seven weeks’ time, and to be chasing their tails and worrying about the consumption of resources involved in ensuring that the electoral register that they are responsible for is as accurate and complete as possible.