Electoral Registration and Administration Bill

Debate between David Heath and Andrew Love

Wednesday 27th June 2012 Commons Chamber

[Mr Heath]

And on the basis of the way we have conducted our business in this Committee so far, I have also made an assumption about the hon. Gentleman. Let us leave it at that.

On amendments 39 and 35, it will come as no surprise to my hon. Friend the Member for Ceredigion to learn that I shall repeat what the Minister with responsibility for constitutional reform, my hon. Friend the Member for Forest of Dean (Mr Harper), said in an earlier debate on this measure: far from diluting the requirements on registration officers, under the new registration system we are strengthening the existing duties.

This Bill amends the Representation of the People Act 1983, and I accept that it can be a little difficult to follow how one qualifies, and relates to, the other. I shall try to explain that, therefore. The Bill sets out new requirements on registration officers, amending the previous legislation. My audience’s eyes will glaze over if I mention too many related sections, but one of the duties under section 9A of the 1983 Act is that the register must contain those who appear to the registration officer to be entitled to be registered. That presents a problem under the new system, because we do not want registration officers to confine their efforts simply to those who appear to be entitled to be registered; we want them to go out and seek out people, because we want the register to be complete. The duties are now expanded, therefore, so the registration officer has to go out and find people who are not on the register, and of whom he is not aware, and then include them on it. Therefore, a different process is engaged. At present, the provision in question also ignores the fact that there must be an application for registration before a person is added to the register. It is a key point that, at the application stage, the electors will be verified.

Those two important parts of the new system must be included in the new legislation, which is why the Bill amends section 9 to ensure that the description of the register in respect of individual registration is accurate. The register is to contain only those people who are “entitled” and have been through the application system. It also amends section 9A to make it clear that registration officers must do more than just take the specific steps laid out in the legislation in a tick-box manner and include in the register those people who made an application. Those requirements will remain, and must be fulfilled, without exception, but the Bill adds an express general duty to take all other

“necessary steps…so far as is reasonably practicable”

to compile as complete and accurate a register as possible.

The qualification of “reasonably practicable” applies to the standard of completeness and accuracy of the register that must be reached. It must be as complete and accurate as is “reasonably practicable”, which is a very high level, but there is an acceptance of the fact that no register will be absolutely perfect. It would not be right to set out in legislation a requirement for registration officers to achieve an unreasonable or impracticable level of completeness. However, the steps the ERO must take are not qualified. EROs must take all the necessary steps to achieve a register. That is not qualified as being steps that are “reasonably practicable”; they must take all the necessary steps to provide a register that is as complete and as accurate “as is reasonably practicable”.

[Mr Love]

I have a simple question for the Minister: would it be “reasonably practicable” not to carry out a door-to-door canvass where a significant number of electors were estimated not to be on the electoral register?

[Mr Heath]

No, it would not. The steps that an ERO needs to take will be set out both in the guidance from the Electoral Commission and in the secondary legislation. Those steps will be a duty upon them; it will not be about doing this if they get round to it or if they feel it would be a good idea. There will be a basic level of steps that they must take. All we are doing with this “reasonably practicable” qualification is saying that, despite their best endeavours, EROs are not going to achieve a perfect register, because no one in any constituency in any country in the known world has ever produced a register that is absolutely accurate and perfect. However, EROs must do everything they can to make it is as near to that as possible by taking all reasonable steps.

--- Later in debate ---

[Mr Love]

The Minister says that the things that the ERO will need to do will be set out in the regulations. Will those matters also be subject to the test to which the hon. Member for Peterborough (Mr Jackson) referred—the financial wherewithal necessary to carry this out—or can that be judged under the criteria the Minister has just suggested?

[Mr Heath]

I am in danger of straying into a different part of the legislation here, because that requirement is already in place. One of the things that concern many of us is the difference in performance of some authorities in carrying out what is clearly their duty. The returning officer and the ERO have a statutory duty to carry out their duties effectively. If they are not given the resources by the local authority concerned, they must insist that they have those resources. There is also a back-up provision for the Electoral Commission to take a view on that and report the matter to the Government where there is a deficiency—so the apparatus is in place. Given the new responsibilities that EROs have and the transition funding that they will receive as part of the process of implementing this Bill, I hope that they will be a little more forthright in saying when they are being starved of funds. I must say that there is no direct correlation between the EROs who have more than adequate resources to do their job properly and those who do not, and the relative financial solvency or otherwise of the local authority; it is often a matter of political will as to whether this is seen as a priority.

[Mr Love]

indicated assent.

[Mr Heath]

I think that the hon. Gentleman agrees with that point.

May I just deal with the other two issues raised in the amendments? Amendment 37 deals with the reporting of suspicions that an individual had committed offences relating to electoral fraud when submitting either a registration or absent vote application. Again, nobody would quarrel with the purpose of that. Perhaps I should say the “purported purpose”, as we never know exactly what the purpose of the amendments tabled by the hon. Member for Caerphilly is because he does not provide an explanatory statement, unlike my hon. Friend the Member for Ceredigion. I accept that the purported purpose is a good one.

Let us be absolutely clear that there is a need for EROs to refer to the police any suspicions they have on registration and postal vote applications that they receive, and that is set out clearly in the guidance issued to them by the Electoral Commission. The hon. Member for Caerphilly will have looked at that, and he will know that paragraph 3.37 of the Electoral Commission’s “Managing electoral registration in Great Britain” guidance clearly states:

“Any issues concerning the integrity of the registration process should be reported”—

by the ERO—

“to the police immediately.”

In addition, the Electoral Commission has worked with the Association of Chief Police Officers to produce guidance for EROs, returning officers and police officers on identifying and responding to allegations of electoral fraud associated with the registration and postal voting process. In exercising powers under section 9A of the Political Parties, Elections and Referendums Act 2000, the Electoral Commission has also set out a specific performance standard on integrity—performance standard 4— which EROs need to meet on maintaining the integrity of registration and postal vote applications. In order to meet that performance standard, EROs are required to establish and maintain contact with their local police—a single point of contact—and ensure that any suspicions arising from registration and postal vote applications are reported to them immediately. EROs are already assessed on their compliance with that standard by the Electoral Commission, so putting in place this statutory requirement would be otiose in those circumstances. If the question is whether they are doing that, the Electoral Commission’s report is encouraging. EROs appear to be making significant progress in the completion of the integrity performance standard.

The figures in the report on the performance of electoral registration officers in 2011 show that 260 EROs, or 68%, met the standard, whereas 116, or 31%, performed above it. Those who are mathematically gifted will work out that 68 plus 31 is 99, which leaves only 1% of EROs—only four—who did not meet the standard. Why not? They did not provide sufficient documentation to the Electoral Commission about the work they had done—they had done it—to take matters forward with the police. The Electoral Commission has give a strong bill of health to the steps taken by EROs of their own volition and with the support of local authorities, as the hon. Member for Peterborough (Mr Jackson) said, to do the job with which they are entrusted and to report their suspicions.

--- Later in debate ---

[Mr Heath]

I hear what the hon. Gentleman is saying, but the Electoral Commission’s most recent report from 2011, which is really not that long ago, expresses the strong view that EROs understand their responsibilities in this area perfectly well. It is by no means clear that a statutory provision would make one jot of difference. From a jurisprudential point of view, I do not think it is very easy to establish that someone has failed to report a suspicion. If they have documented it, they are likely to report it, and if they have not I would like to see the process by which one could establish that a suspicion had formed in their mind.

There are difficulties with the proposal from the hon. Member for Caerphilly, but I do not think we are talking about a major difference of opinion. We simply think that the Electoral Commission has taken and will continue to take the necessary steps, that EROs are responding positively to that and that we have a much more satisfactory arrangement now than we would have had a few years ago. That is partly thanks to the work of the previous Government in introducing the provisions that gave the Electoral Commission the standard-setting duties it now has.

Finally, let me deal with the proposal to give the Electoral Commission powers of intervention. The amendment is not clear. I do not want to criticise the hon. Gentleman, but it is a curious provision in an Act of Parliament to give a power of intervention without stating what that power is. The proposal raises a serious point about the role of the Electoral Commission. We think that the fulfilment of the requirements set out in section 9A of the 1983 Act plays a vital role in improving the completeness and accuracy of our electoral registers. We are committed to achieving that, but giving the Electoral Commission powers to intervene when that is not being done would be a significant change to how it operates. It already has powers to set and monitor performance standards for electoral services, which is what we have just been discussing, and it does it very well, measuring the performance of EROs against those criteria. A failure to meet those standards might suggest a potential failure to meet the duty set out in section 9A of the 1983 Act, which is absolutely right.

[Mr Love]

Under the 2010 Act, the Electoral Commission was given a central role because of the critical importance of the introduction of individual electoral registration. Amendments have already been made to downgrade the role of the Electoral Commission. Does the hon. Gentleman not accept that we need an independent body with expert witnesses in its membership to ensure a smooth transition to individual electoral registration?

[Mr Heath]

I absolutely agree. The Electoral Commission plays a hugely significant role and will continue to do so, setting out and monitoring the performance standards. It is also helping through its new responsibilities to ensure that EROs do their job. When there are concerns about the EROs’ performance as regards this duty or any other, the Electoral Commission has a power to intervene by making a recommendation to the Secretary of State or the Lord President of the Council, who has a power of direction to require registration officers to comply with the directions on discharging their functions. It goes further, because in addition it is an offence for a registration officer to breach their official duty without good cause. If prosecuted and found guilty, a registration officer can be fined up to £5,000. I believe that that system has so far worked well as regards any registration officer who was found to be in dereliction of his duties. I cannot see any need to change that or for any specific provision to be made about the discharging of those duties under section 9A.

We want the Electoral Commission to play a key role in monitoring how registration officers implement their policies, including their fulfilment of section 9A duties. The Secretary of State or the Lord President of the Council would as a last resort retain the ability to issue formal directions to a registration officer if they were in breach of their legal responsibilities. I hope that those detailed explanations of the Government’s position mean that the hon. Member for Caerphilly and others will feel able to withdraw their amendments.

Parliamentary Voting System and Constituencies Bill

Debate between David Heath and Andrew Love

Wednesday 20th October 2010 Commons Chamber

[Mr Heath]

Because this is a Bill about the House of Commons. The House of Lords will be dealt with in different legislation, which the hon. Gentleman will see in due course. His right hon. Friend the Member for Tooting (Sadiq Khan) is involved in the discussions. The hon. Gentleman will have to wait. One of the lessons that we should have learned by now is that if we wait for every constitutional change to be made at once, nothing happens. That is what has prevailed for the last 100 years. We are going to change that.

The arguments that I hear about the future of the House of Lords have been strangely echoed in the arguments I heard this evening about this place. An argument that is regularly heard in the House of Lords is that any system that managed to appoint a peer as fine as the person who is speaking must be an exceedingly good system that does not require further change. We heard a bit of that this evening. We heard that any system that elected the current Members of the House must be an exceedingly good system and does not need to be changed. Various hon. Members explained how the numbers that precisely apply to their constituency are evidently the right numbers and should not be changed.

We have had the NIMPO—not in my period of office—argument, with Members saying, “Of course, we all want to see the House brought to a smaller size, but not while I’m still here. Wait until I’ve retired and then you can do it.”

We have also had the impossibility argument, with Members saying, “It is quite impossible to reduce the House from 650 to 600 Members because the electoral quota that would be in place, with 76,000 electors, would make it quite impossible for Members to do their work”, completely ignoring the fact that one third of current Members have constituencies of 76,000, or within a margin of 5% of that. The hon. Member for Great Grimsby (Austin Mitchell) said that it is impossible because there would not be enough time to do all the jobs that a Member of Parliament has to do. I would be more persuaded by that argument if I felt sure that every Member was a full-time Member of Parliament and did not find other employment—some excessively so. Such Members have contributed to the debate. Apparently, the shift from a constituency of 60,000 to 76,000 would make the job impossible.

We heard from the hon. Member for Bassetlaw (John Mann) that the job is impossible to do if one represents a constituency that crosses a local authority boundary, but how many Members have constituencies that do that? Apparently, it would be impossible under the quota that we are suggesting.

[Mr Love]

The hon. Gentleman is criticising the arguments that have been used by the Opposition, so may I address the arguments that the coalition Government have used? I have read the Political and Constitutional Reform Committee’s report on the Bill. Having considered every argument that had been made, the Committee, which has an in-built coalition majority, concluded:

“There may be a case for reducing the number of Members of the House to 600, but the Government has not made it.”

Can the hon. Gentleman make such a case tonight?

[Mr Heath]

The hon. Gentleman will have to wait until I get to that point in my remarks, because I have a few other comments to make on what others have said in the debate.

We have heard not only that it would be impossible for Members to accommodate extraordinary constituencies of 76,000, despite the fact that so many of us do it, but that it would be impossible for electors in such constituencies to know who their MP was. We have heard that it would be impossible to have a career structure because anyone who had experience outside the House could not be elected if we had constituencies of 76,000. What an extraordinary proposition that is.

The final proposition was that this is all a partisan move—[Hon. Members: “It is!”] The Opposition say that it is a partisan move to reduce the number of Labour MPs, but we have also heard from the same side in the same argument that it will not reduce the number of Labour MPs. So, we are gerrymanderers, but we are totally incompetent gerrymanderers because we are reducing our own seats and improving the position for the Opposition.

Again, I find it extraordinary that people whom I believed were reasonably intelligent and reasonably numerate can imagine that reducing the size of the House from 650 to 600 means that the 50 smallest seats are the only ones that disappear—they just go puff and disappear into the ether—and that all the rest carry on as they were. The suggestion is that the fact that most of the smaller seats are Labour seats shows that this is a partisan move against the Labour party. I am sorry; I just do not accept that. I do not think that it is a logical argument.