Electoral Registration and Administration Bill

Baroness Laing of Elderslie Excerpts

Tuesday 29th January 2013 Commons Chamber

[Mr Lansley]

My hon. Friend will be aware that the Prime Minister has responsibility for the ministerial code. Indeed, when ministerial collective responsibility is explicitly set aside, it is the Prime Minister who makes that decision. He is clearly doing it, as the House will understand, in the context of coalition government. As we know, that can give rise to occasions where there is not a collective view, and where by extension it is therefore not possible for a collective view to be the subject of collective ministerial responsibility. Let me turn to the substance of the issues.

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

Will my right hon. Friend give way?

[Mr Lansley]

No; I will give way in a moment. Let me turn to the substance of the issues.

Parliament agreed less than two years ago to a boundary review, and it did so for good reasons. There are major disparities in the size of constituencies. In England, East Ham has 92,000 voters; Wirral West has just 55,000. The differences are even greater in respect of other nations: Arfon in Wales has an electorate of just 41,000. This means that some votes count much more than others, and the principle of greater equality in the value of each vote is at the heart of this new boundary review. Votes should carry much more equal weight across the country in electing Members to this House and in deciding a future Government. If the current review were not to happen, in England the next general election would be based on the register of February 2000, with all the consequent disparities and inequalities which have been exacerbated since then. It would be 15 years out of date.

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[Mr Lansley]

My hon. Friend makes an important point. If I may, I put it to my hon. and right hon. Friends on the Liberal Democrat Benches that they might like to explain their reasoning to my hon. Friend later in this debate.

[Mrs Laing]

I thank my right hon. Friend for giving way. I hope it may be helpful to him and the House to know that his colleague the Deputy Prime Minister gave evidence to the Select Committee on Political and Constitutional Reform on 19 April and 13 December last year, and I asked him the exact questions that Members have been asking in the last few minutes. He made it clear to the Committee that he still agreed with what he said at the Dispatch Box on Second Reading: that we have to put right what he called

“the broken scales of our democracy”—[Official Report, 6 December 2010; Vol. 515, c. 36.]

However, he also made it clear that although he considers the current system to be unfair, he is absolutely certain that that unfairness should continue until after the next general election. That is his position.

[Mr Lansley]

I am sure the House is grateful to my hon. Friend for informing it about the discussions in the Political and Constitutional Reform Committee. From my point of view, I know the Deputy Prime Minister’s commitment to constitutional reform. I think the boundaries review and the introduction of greater equality and fairness in constituencies and between voters is an important constitutional reform, and I hope he would want to see it put through before the next election.

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[Sadiq Khan]

I agree with the hon. Lady, as do the Electoral Reform Society and the Electoral Commission. She should join me in ensuring that those invisible citizens who should be on the register are put on the register. Let us not rush ahead with partisan boundary changes.

[Mrs Laing]

Will the right hon. Gentleman give way?

[Sadiq Khan]

I have been very generous, as the hon. Lady knows. I will make some progress, and if I have time after that, I will give way.

Labour legislated for individual electoral registration in 2009. The timetable and safeguards that we proposed at the time received cross-party support, but there was a general recognition that risks would be involved in the transition, which is why it was spread over a number of years. However, the Bill in its unamended form has watered down some of the safeguards that we introduced, thus failing to take account of risks that could mean the loss of millions of eligible voters from the register.

The complexities of the move are enormous. It involves the carry-over of existing registered voters for periods of the transition, the simultaneous piloting of data-matching schemes, a drive to show the public how to register, and changes in the way in which local authorities seek to register voters and how they should deal with a refusal to co-operate. As the Government themselves admit,

“Individual Electoral Registration (IER) is the biggest change to our system of electoral registration for almost a century and it is essential we get it right”.

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The proposed boundary review changes should not go ahead while 6.5 million people are missing from the register. Moreover, the next boundary review is due to take place on 1 December 2013, after individual electoral registration, so we could end up with millions more missing after that. We will end up with a reputation as a banana republic if 6.5 million, 10.5 million or 16 million people are missing from the register. This is no way to run a democracy.

[Mrs Laing]

The hon. Gentleman and I have had various arguments on this issue across the Floor of the House for as many as nine years. Even if what he is saying is correct, he is completely missing the point about the amendment and the importance of the Bill. How can he say that it is fair that Arfon has 41,000 constituents while Somerton and Frome has double the number—82,000? How can he possibly say that that is fair?

[Chris Ruane]

I thank the hon. Lady for her intervention. She should think about the figure that I have mentioned: 6.5 million people are missing from the register. The vast majority of them will be in Labour constituencies. The vast majority of the case load for Labour Members and those Members who serve poorer constituencies around the country comes from the unregistered, the people who should legally be on the register but are not. If those people were factored in, the inequality would not be as great.

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[Wayne David]

I shall address amendments 7, 10 and 11 first, and then amendments 6, 8, 9, 21 and 22.

The Opposition have consistently supported the introduction of individual electoral registration. We agree with it in principle; indeed, we legislated for it when we were in government. We also support the twin principles of achieving maximum accuracy in the electoral registers and maximum completeness. I am pleased the Government have now accepted the arguments that we and others have put forward in this House on a number of occasions. I remember the hon. Member for Somerton and Frome (Mr Heath) being totally dismissive of them, but we welcome the fact that the approach taken by the other place is more rational and that the Government admit—although belatedly—that their initial arguments were wrong, and that they now agree with us. The Government have seen the light, on this issue at least.

I am also pleased that the Scottish Government have taken action and that the views of the Electoral Commission have been taken on board. I remind the House that, in the aftermath of the May 2010 general election, the Electoral Commission produced a report that identified four key factors in what had gone wrong. There was evidence of poor planning assumptions in some areas, and of poor conduct of the election on polling day. The use of unsuitable buildings and inadequate staffing arrangements at some polling stations were also an issue. It was said, too, that the contingency arrangements were not properly triggered or were unable to cope with demand at the close of poll—that was very evident. Finally, the Electoral Commission found that there was restrictive legislation which meant those in queues at polling stations at the close of poll were not able to be issued with a ballot paper. The Government were initially trenchantly opposed to that objective view. They now agree that it is necessary to accept it and to introduce corrective legislation. I welcome that; this House supports the Government’s conversion.

The second substantive issue is to do with the so-called carry-forward—or carry-over—and the commencement of full individual electoral registration in December 2015 or December 2016. We support the Government’s amendments in that regard and recognise that there has been a move, albeit a more modest one than on the other big issue, to try to accommodate the legitimate concerns expressed in the other place. However, the Electoral Commission has reservations about these amendments and, indeed, they are a rather convoluted set.

The Minister set out a convoluted process. I have to be honest and say that, on occasion, it sounded as though she was speaking double Dutch. The Bill is to contain a delay in the implementation of full IER from December 2015 to December 2016. We might think that that is fair enough, as it will allow greater parliamentary scrutiny, greater parliamentary involvement and a greater opportunity to get more people on to the electoral register under IER than would have been the case. But, unfortunately, the Government will not go the whole hog, and they are introducing a byzantine system whereby having a cake and eating it is the order of the day. They are saying, “Yes, that change will be in the Bill, but we reserve the right to contradict what is in the Bill by saying that our implementation plan stays in place. We will still want to do what we always intended to do, despite the amendment we put into the Bill.” If any hon. Member is confused, I do not blame them, because, as I said, the Government are speaking double Dutch.

To make matters worse, the Government have introduced a procedure—the negative assent procedure—involving both Houses, and that will make the situation even more complicated. Let me try to be helpful to the Minister, as always, by suggesting what the Government might do to resolve their internal contradiction. She began by sensibly saying that the implementation date will move from December 2015 to December 2016, but there remains a right for the Secretary of State or Lord President of the Council to make an order to remove those carried-forward entries in December 2015. Given the mood of the House and what has been said generally this afternoon, I suggest that the Government give a firm commitment not to implement that, so that everybody will be clear that the implementation date will be 2016. We will support these amendments, but it would be enormously helpful if the Minister responded positively, recognising the mood of both Houses, by saying, without any equivocation, that there will be a delay in the implementation of IER until December 2016.

[Mrs Laing]

I was totally taken by surprise to discover that the Minister is urging the House to accept Lords amendment 7 on voters waiting at polling stations at the close of poll. On 27 June 2012, I introduced this very amendment—it was almost word for word—which was known then as new clause 4. I will not repeat the speech I made then. We had a long debate and I was supported in my arguments by the hon. Member for Penistone and Stocksbridge (Angela Smith)—that is all on the record in Hansard, at column 359 and onwards. That is lucky, because we do not have time to debate that all again this afternoon, and I am delighted that we do not have to do so.

In that debate, the hon. Member for Somerton and Frome (Mr Heath) stood there and told me how everything I said was wrong and that I was silly to waste the House’s time by introducing my new clause, which he said was total rubbish and totally unnecessary. He said that returning officers could deal with all the problems and that this was merely a matter of management.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

indicated assent.

[Mrs Laing]

I am glad that the hon. Lady agrees with my recollection of what happened on 27 June. I believe she also agrees with my arguments that these matters should not be left up to individual registration officers, especially given that their ability, resources, experience and enthusiasm vary considerably from one part of the country to another.

[Mr Redwood]

I remember my hon. Friend’s speech and she made her point very well at the time. I suggest that she claims credit and congratulates the Ministers on realising that she had a better Government policy than they did. We can then be one big happy family.

[Mrs Laing]

I thank my right hon. Friend for that point and am coming to it.

I am very glad that the Minister recognises what I and other Members said on 27 June 2012 was right, but, as I am sure my right hon. Friend will agree, this is also a very good example of why we need a revising Second Chamber rather than another House at the other end of this Palace of Westminster that challenges everything we do and makes things difficult for the process of government. We need a House that looks again at what has been said and done in this Chamber and makes sensible suggestions. In this case, the suggestion made by their lordships is almost exactly the same as the suggestion I made on 27 June; I am delighted that their lordships agree and I am extremely delighted that the Minister is urging the House to accept the amendment.

[Neil Parish (Tiverton and Honiton) (Con)]

I, too, congratulate my hon. Friend the Member for Epping Forest (Mrs Laing) on her foresight and vision. It is great that the Government are taking on her suggestion, because there is no doubt that if a queue of people is waiting at the polling station to vote, it is not beyond the wit of man or woman to put a polling clerk or somebody else in the line to act as a marker between those who arrived before 10 o’clock and those who arrived afterwards. I cannot see any great argument for saying that that would delay the whole process, because at the count many boxes come in from all over the constituency and some will arrive first, meaning that their contents can start to be counted, whereas others will arrive later. We got ourselves into a bureaucratic nightmare that could be fixed quite simply. I am delighted that the Government have accepted the Lords amendment, and I congratulate my hon. Friend again on her foresight.