Electoral Registration and Administration Bill

Lord Baker of Dorking Excerpts

Monday 29th October 2012 Lords Chamber

[Lord Reid of Cardowan]

My Lords, I am sorry if I have breached the long-standing conventions of the House. I intervened at what I thought was the appropriate point but in terms of process, I should obviously be commenting now. I had not intended to comment when I came in to listen to the discussions but the precedent being suggested by the noble Lord has huge implications and significance. It ought to be regarded and scrutinised with some care before we proceed.

I do not for a moment doubt the noble Lord’s intention, which is to maximise the number of people on the voting register in order to enhance democracy, although perhaps I might express the wish that some of the comments made during earlier discussions had been listened to. It was predictable that we would end up with a shortfall on the electoral register and an anticipated greater shortfall. I think that lies behind the measures that the noble Lord has raised.

Let me make this point. If, however good the ends, we adopt the means of proliferating the use of data mining and data matching, that would be of considerable significance. If we are suggesting that we data mine and data match records from HMRC, the DVLA, the DWP—that has already been agreed—the Student Loans Company and credit reference agencies, that is a suggestion of huge import and ought to be scrutinised for its possible consequences.

It is, with great respect to the noble Lord who spoke, a complete red herring to compare this with identity cards. I say that for two reasons. First, they were voluntary and not all of what he suggested would be voluntary in so far as the person whose information is being mined would volunteer—although in some cases he suggested that they be contacted with a view to volunteering. Nevertheless, the ID cards were voluntary. Secondly, and more importantly, part of the reason for them was the spread of databases and the anticipation that data matching and data mining would become the norm in a cyberspace-dominated environment. Biometric protection was therefore enshrined in the ID card. In short, anticipating the use over the coming decade of greater dependence on an individual’s identity marked in a data bank and the possible loss of that identity or of that data bank by a government department, no one could have used that to gain access to any of the material in it—including bank accounts and so on—unless they had the fingerprints and the iris of the person whose bank account details were taken. In other words, it was a completely separate intention: to protect people should someone wish to use their identity if a databank was lost. It did not presuppose the Government going down this road of using records, which are exclusive to one purpose, for the purposes of data mining and data matching for another purpose, however well intentioned that might be.

I do not for a moment doubt that the intentions of the noble Lord are benevolent, benign, progressive and democratic, but the process of getting there, if it includes such widespread data matching and data mining as he has suggested, has profound implications and should therefore be subject to profound scrutiny in terms of the principle before this House.

[Lord Baker of Dorking]

My Lords, I, too, share some reservations on this matter. I was glad to see my noble friend Lord Rennard describe these as probing amendments, so, fortunately, they are not part of the coalition agreement. I share the view of the noble Lord, Lord Reid, that one wants to improve the methods of registration, particularly as regards students. I am always amazed that students are relatively lowly represented in political registration. That might change because, now that they have to pay for so much of their education, their association with citizenship is made much more vivid to them at an early age. I suspect that that will be reflected in their registration in the years to come.

My concern about this proposal is that it seeks to enact that information should be provided from a series of databases, including the Student Loans Company and further education and secondary education institutions—I presume that sixth-form colleges and FE colleges would be the principal area. Those institutions would be required,

“to disclose information to another person”—

not to a registration authority but to another person. “Another person”, I suppose, could be an election agent. They could be an election agent of the Liberal Democrats, the Conservative Party, the Labour Party or, presumably, the BNP—anybody could have the information. I would not be very keen on passing on some of the information to such people.

The provision would be a giant step towards a more prying society which I would be reluctant to go along with. I share some of the more general points of principle set out by the noble Lord, Lord Reid. Any data swapping has to be very carefully controlled for specific purposes. I am quite sure that the Liberal Democrats would condemn private companies getting into the business of data swapping in order to determine the patterns of consumer spending, for example. Many companies could justify that in the way the noble Lord seems to justify it for electoral purposes.

A method more suitable to our constitution would be the one cited by the noble Lord in the case of Northern Ireland. I see nothing wrong with registration officers of local authorities speaking in secondary schools and explaining to students the importance of electoral registration. That is a proper thing. If action were taken, as under some of the Labour amendments here, directly by the registration authority itself, rather than our seeking to tap into other things, it would be the right way to proceed. The action could be made much more effective if that procedure, which is the more constitutional practice in our country, was preserved, rather than our seeking a fundamental change whereby information of this sort, collected for one purpose, is made available for a variety of other purposes. That is a very big step which we should take most reluctantly.

[Lord Tyler]

My Lords, we have just heard from two very distinguished senior members of former Administrations. I find their cynicism about the way in which the public service operates rather discouraging. I am not suggesting that every word of our amendments may be precise, but I want to put it absolutely clearly on the table: nobody is forcing anybody to do anything. The purpose of the exercise is to make sure that the process of compiling the very building block, the foundation stone, of our democracy—the electoral register, which is important, as the noble Baroness said earlier, not just for voting purposes but for jury service and other purposes—is as well informed as it can be from public sources. As my noble friend said, the amendment does not propose that the electoral registration process should give back information in the opposite direction; it is one way. It has been very clear from successive Administrations and Ministers that it is for that purpose alone and not to provide information in the opposite direction.

I ask my noble friend Lord Baker to read very carefully how our amendment is worded. It does not suggest that the information could be given to any other person; it says very specifically,

“to disclose information to another person for the purpose of assisting a registration officer in Great Britain”.

In other words, it has to be for that purpose and that purpose alone. It may be that the wording can be tightened up still further by government amendment between now and Report, but I make it absolutely clear to my noble friend that not any other person could benefit from this data mining.

[Lord Baker of Dorking]

Would “another person” be an election agent of a party, or someone purporting to be?

[Lord Tyler]

No.

[Lord Baker of Dorking]

With great respect, that is what the amendment says. It does not say a registration officer or a local authority employee; it says “another person”. “Another person” in English law means anybody who says, “I’m actually going to seek this information in order to register more students. That is what I’m doing it for. I’m doing it for a public purpose. The fact that I am an election agent for my party, forget it. Forget that I am a registered Liberal”—that may be too difficult to forget, but—“Forget whatever I am”. That is what the amendment says.

[Lord Tyler]

My Lords, if the Government feel that the amendment is inadequate in that respect, and my noble friend has made his point eloquently, obviously they can adjust the wording at a later stage. However, the amendment is here for the very specific purpose of assisting a registration officer in Great Britain. In other words, I would take that to be somebody who was within their organisation. If my noble friend has better wording, that is fine, but the point that I have to make is simply this: we already have the precedent, which has existed for a very considerable time, of using data that are already available to Government for this purpose. We are seeking to make sure that that is as full as possible. I think that the noble Lord, Lord Reid, will understand that the great majority of DWP data, cited by my noble friend Lord Rennard, will relate to people who are already going to register, in particular elderly people. What we are concerned about is mobile young people, a concern which has been evident also in contributions from the opposition Front Bench today. One of the ways to get to them is clearly through the student loan data and those who register for provisional licences.