Electoral Registration and Administration Bill

Baroness Laing of Elderslie Excerpts

Monday 18th June 2012 Commons Chamber

That is important for the recognition of the Electoral Commission’s role, as well as of the close relationship that should exist between the Secretary of State and the commission. Critically, too, it recognises that Parliament should have a crucial role in monitoring the progress or otherwise that we make on the new system.

[Mrs Eleanor Laing (Epping Forest) (Con)]

For the sake of clarity, how, under amendment 30, could the Electoral Commission make a report about whether the new registration system had achieved its objectives or not before the Act came into force? I do not understand the timing. The hon. Gentleman seems to suggest in the amendment that before the Act comes into force, the Electoral Commission has to make a report about whether the effects of the Act have achieved the goals or not. How could that happen when the Act, and therefore the new system, has not come into force?

[Mr David]

We are, of course, talking about a transition period, which is catered for in the Bill. As the Government have correctly argued, the new system is not going to be introduced on a big bang basis, but on an incremental one. As our deliberations on the Bill continue, the hon. Lady will see that we have tabled a number of other amendments that intervene progressively on the transition arrangements. This amendment essentially reinforces, as I said, the role of the Electoral Commission, the relationship between it and the Secretary of State, and the involvement of Parliament as we move as quickly as possible towards a complete electoral register. The amendment goes on to say that the recommendation should be approved

“by a resolution of each House of Parliament”.

That is very important because at the end of the day we are talking about a fundamental change in our democratic process—arguably the most important change since the achievement of the universal franchise. We believe therefore that it is essential that Parliament is fully involved at every step of the way as we move towards the new and path-breaking system.

Amendment 31 relates to the important issue of data matching. Let me provide a little background. In 2011, the Government introduced 22 pilot projects in a range of local authorities in England and Scotland. These pilots were based on a range of national datasets and the Electoral Commission carried out a statutory evaluation of the pilots to assess the extent to which such schemes could help electoral registration officers improve the completeness and accuracy of their registers.

The Government, and particularly the Minister, have said on a number of occasions that these projects went very well indeed, and that the pilot schemes showed that 60% of the current electors should be carried forward. However, in contradistinction, the Electoral Commission is quite scathing in its assessment of the schemes. According to the key findings and conclusions of the Electoral Commission’s evaluation report,

“Our main conclusion is that these pilot schemes do not provide sufficient evidence to judge the effectiveness of data matching as a method for improving the accuracy and completeness of the electoral registers.”

That is a pretty damning indictment of pilot schemes which were intended to point the way to a fundamentally important revision of our electoral process, and it contrasts sharply with what the Government have said—rather complacently, in my view.

Because of that criticism, the Government agreed to conduct further data- matching exercises, and a delegated legislation Committee will meet tomorrow morning to discuss a statutory instrument to introduce the second tranche of data-matching pilots. Obviously we do not know what those further pilots will show, but they may reveal the likelihood of a problem with the new electoral register in the short term. The Government’s own assessments indicate, or at least hint at, that distinct possibility. According to the impact assessment which the Minister himself signed on 8 May this year,

“It is not yet certain what the short term impact on the accuracy of the electoral register will be because there is no clear evidence on the accuracy of electors that are placed on the 2014/15 electoral roll through data-matching. The government is running a second round of pilots to understand the precise impact on completeness”.

That is certainly delicately worded, but even our fantastic civil servants are unable to help the Government much. What they are basically saying is “No evidence is available. The pilot projects that we have organised so far have not shown that the evidence is there. We will organise more pilot projects, but we do not know exactly what they will show. We will proceed on a wing and a prayer.”

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[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I should say at the beginning that I was slightly surprised that the hon. Member for Caerphilly (Mr David) said that the Opposition were in favour of individual registration, as I could have sworn that on Second Reading they not only tabled a reasoned amendment, but voted against the Second Reading of the Bill. That was strange; it is difficult to see how they are in support of it. If they had only voted for the reasoned amendment, I could have accepted it as a principle, but it seems to me that they are opposed to our fundamental position.

I wish to make one or two points that I hope are helpful to the Committee. The hon. Gentleman drew attention to the lengthy period of pre-legislative scrutiny we have had. Not only did we have that, but, as I think he has acknowledged, we made a number of significant changes to our approach as a result. All I say to the Committee is that I hope the progress of the Bill reflects that considerable pre-legislative scrutiny. It is probably also worth saying that, as the Committee may have noticed, we deliberately decided not to use knives in the programme motion for the first two days of debate in order to enable it to focus on points that hon. Members thought were important. I hope that the flexibility that that gives the Committee is used properly and that we make reasonable progress that focuses on where the Committee thinks the important issues are.

I pay tribute to my hon. Friends the Members for The Cotswolds (Geoffrey Clifton-Brown) and for Epping Forest (Mrs Laing) for the amendments that they have led on. They have participated very well in the experiment that the Procedure Committee has asked us to undertake. This Bill is an example of it, because all hon. Members tabling amendments were asked to include explanatory statements to enable hon. Members to understand better the nature of the amendments. I am pleased that they have done so, as it is very helpful to the House. It is just a shame that the official Opposition appear to have ignored the fact that we are conducting that experiment and have not taken that opportunity. I am sure that the Procedure Committee will draw the appropriate conclusion.

[Mrs Laing]

I thank the Minister for expressing his gratitude. Does it occur to him that the official Opposition might not have wished to publish explanatory statements to support their amendments as they do not want to explain their effects because they are trying to have their cake and eat it by opposing the Bill while saying that they do not oppose it? The more smoke and mirrors that are involved and the less clarity there is about their amendments, the better it is for their purpose.

[Mr Harper]

I could not have put it better.

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[Mr Harper]

I am sorry, but that is a rewriting of history. If I get any details wrong, I am sure my hon. Friend the Member for Epping Forest will correct me. When that Bill was introduced in the House, it did not contain any provisions about individual registration, which is why we tabled a reasoned amendment and voted against the Bill. Those clauses were not in the Bill when it left the House. They were added in the other place under enormous pressure from the Conservative Members there, so this House did not even get a chance to debate them until we considered Lords amendments. I am afraid that Bill was not an example of good parliamentary practice.

[Mrs Laing]

I agree with my hon. Friend’s recollection of the history of a couple of years ago. The Bill to which he refers was massively changed and we had very little time in this Chamber to discuss the provisions. They were ill thought out and it is fortunate that this Minister has managed to make sense of the previous provisions introduced by the Labour Government.

[Mr Harper]

I am grateful to my hon. Friend for that point.

Before I come to the amendments, let me say something about the tone adopted by the hon. Member for Caerphilly, a point to which my hon. Friend the Member for North Cornwall (Dan Rogerson) drew attention. One of the things that I have been very clear about all the way through is that the Government are as focused on completeness as they are on accuracy, but both of those—getting on to the register everyone entitled to be on the register, and also making sure that no one is on the register who is not entitled to be on the register—are equally important. One is not more important than the other. The hon. Gentleman’s amendments, in this grouping and elsewhere, all seem to be focused on completeness, with no sense that accuracy is equally important.

The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) went further than that and explicitly said that he was not particularly bothered about accuracy; it was all about getting people on to the register. Getting people on to the register who are not entitled to be there is a problem. That is why 36% of the public think there is a problem with electoral fraud. It is also why, when the groups from the Organisation for Security and Co-operation in Europe come and inspect British elections, they say that if we have low levels of electoral fraud, it is not because of our electoral system, but in spite of it. That is not good enough, and it is why we need to fix the system. My hon. Friend the Member for North Cornwall is right: we should be as focused on completeness as on accuracy. That has informed the proposals that the Government have put forward, and that is why they were well received during pre-legislative scrutiny and why we made the changes that we have.

The hon. Member for Edmonton (Mr Love) asked when it would be right to take steps if the number of people on the register fell precipitously. We do not think that that would be the effect of our proposals. I will set out a little more about our proposal for confirmation and say why we think we can successfully move two thirds of electors over to a new register. I say gently to the hon. Gentleman that it was under the previous Government that 3 million people ceased to be on the electoral register, and we know that from the research that this Government commissioned. The previous Government were unaware of that fact because they commissioned no research and did not know what was going on. As a result, they took no action at all. So Government Members will not be lectured about large numbers of people falling off the electoral register, because it happened under the previous Government and no action was taken in response.

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[Mr Harper]

I am not really sure that there is an enormous rush. The Electoral Commission likes to point out that it has been calling for individual registration since 2003—nine years ago. We made it very clear that, as the hon. Gentleman now knows from what I and my hon. Friend the Member for Epping Forest said, when his Government were legislating for individual registration, having been forced to do so because of pressure from, among others, my hon. Friend, we said that we thought they were going incredibly slowly and we could speed them up. Indeed, it was a commitment in our manifesto.

We have not suddenly speeded up the process. We said from the beginning—in the previous Parliament—that we thought it could be done much more quickly. That is important, because—[Interruption.] The hon. Gentleman says from a sedentary position that we did not object, but actually we did. When the proposal was finally included in the Bill in the other House, my hon. Friend the Member for Epping Forest gracefully accepted that the Government had moved, and it would have been a bit churlish if, having got the stuff on the statute book, she had then started cavilling about it.

We made it very clear at the outset, however, that the proposal should have been in the Bill from the beginning, but it was not, which is why we voted against the Bill by way of a reasoned amendment. The proposal was inserted in the other place only at the eleventh hour. We have been very consistent; we think that the provision should have been introduced some time ago, and the Electoral Commission has been calling for it for the best part of a decade. No one can really accuse us of going at break-neck speed.

[Mrs Laing]

With all due respect, the hon. Member for Edmonton (Mr Love) is wrong about what my party did in opposition. I happened to be speaking for the Opposition on this issue, so I know what we did. What the Minister has said is absolutely correct.

We accepted the last Government’s proposals because they were better than nothing, but we always said that the matter should be dealt with more quickly and that the relevant measures could be implemented more quickly than the last Government wanted. We always said that we would have a view not only to the accuracy but to the comprehensiveness of the register, and that we would proceed at the right pace. The fact that this Government are very much more efficient than the last one in implementing a necessary policy is a matter on which to congratulate the Government and the Minister in particular, not criticise them.

[Mr Harper]

I am grateful to my hon. Friend.

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[Mr Harper]

There has not been a change in point of view. I did not want to bother the Committee with this again, but I am going to have to now. On Second Reading of the previous legislation in 2009, my right hon. Friend the Member for Horsham (Mr Maude) made it clear that we approved of the decision to proceed with individual registration, but we thought that it could be accomplished earlier. We said at the time that it could be done earlier, and on page 47 of our 2010 manifesto we made a commitment to implement it swiftly. This is not new news.

As I said, when the Bill for which the Labour party was responsible left the House, it contained no provisions about individual electoral registration; they were inserted in the other place. When the Bill came back, it seemed to me that, having got the Government at least to move on that issue, it would have been churlish to have started cavilling about it.

[Mrs Laing]

rose—

[Mr Harper]

On that point, I shall allow my hon. Friend to put the record straight.

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[Mrs Laing]

I thank the Minister for allowing me to intervene once again.

I do not understand why the hon. Member for Penistone and Stocksbridge (Angela Smith) thinks she is making a clever point by quoting what I said three years ago from where she is now sitting. My position has not changed; I have been perfectly consistent. The fact is that the last Government put obstacles in the way of bringing this important legislation into practice. The current Government have rightly concluded that it can be accomplished more quickly than the last Government said—they were saying that they would do it, but looking for every reason to delay doing it. That is the point. There is no point in the hon. Lady’s trying to assert that I have changed my position or said anything wrong. I have been perfectly consistent; it is her Government who were wrong.

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

I gave the hon. Lady a lot of latitude to correct the record, but she needs to do that only once.

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[Geoffrey Clifton-Brown]

My hon. Friend is right. Again, if there are categories of people who live abroad but do not qualify to vote in this country, they, too, should be included in the system.

In answer to the question that my hon. Friend the Member for Burton (Andrew Griffiths) asked, when people fill in their voter registration form, they should be asked whether they want their details kept on the database, thereby opting in for permanent overseas voting until they opt out of it. That is the way of dealing with the system that he mentioned.

I think we should recognise the loyalty of many of these subjects who live abroad—bearing in mind that there may be 4.3 million of them—and ensure that they are not disfranchised by the voting system, but are able to take an active part in our democratic elections. It was the complication of the system for voters in the armed forces that led to the situation in the 2010 election whereby—these figures are also startling—only 564 votes were received from British military personnel in Afghanistan, even though nearly 10,000 were able to vote. Many people regard that as a national scandal. These brave people risk their lives on a daily basis in Afghanistan and elsewhere to protect this country’s interest and the international norms of behaviour. Surely the least we can do in this Parliament is ensure that they are able to participate in our elections in the United Kingdom.

[Mrs Laing]

Is my hon. Friend aware that many of us asked the last Government over and over again whether they would take steps to ensure that our armed forces, especially those serving in Afghanistan, could be given the opportunity to vote in the 2010 election? However, the last Government took no action until late 2009, by which time it was too late. Indeed, the figures that he has just quoted prove that they let down our armed forces in a very serious way.

[Geoffrey Clifton-Brown]

My hon. Friend is absolutely right. I do not want to alienate Opposition Members, because I want their support on this matter, but she raises a serious issue. Indeed, it is, I would say, frankly a moral issue that we should do something to amend the system, so that what I have described can never happen again. I know that the Minister is aware of this issue, and, in light of what I have said today, I hope that he will consider bringing forward regulations under proposed new section 10ZC(3) of the 1983 Act to improve the system of registering overseas voters. There was method in my madness when I intervened on the Minister, in response to an intervention from the Opposition spokesman, to urge him to bring forward regulations and to praise him for doing so swiftly under this Bill. I know that my hon. Friend perspicaciously knew what I was going to say today, so I will close by urging him to publish the secondary legislation as soon as possible.