Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

Lord Bruce of Bennachie Excerpts

Tuesday 19th September 2023 Grand Committee

[Lord Dodds of Duncairn (DUP)]

My Lords, I want to address the point about the retention on the electoral register in Northern Ireland of the 100,000 electors who would otherwise be removed from the register at the end of the retention period—that is, 1 December this year—but who will remain on the register for a further year under the draft representation of the people and recall petition regulations.

I think the Minister indicated that people were satisfied, the Electoral Commission included, that those people were eligible to remain on the register. I would be grateful if he could just elaborate on how that has been established. If it has been established that they are eligible to be on the register other than by sending in the completed return, what lessons can be drawn from that in terms of people being registered generally? If that can be done easily, and these people can be checked, can we learn something from that process?

I note that the Secondary Legislation Scrutiny Committee asked the Northern Ireland Office about a more permanent solution to this issue, and the NIO responded that it was working with the Chief Electoral Officer for Northern Ireland on a plan to get these individuals successfully re-registered, including engaging with the Northern Ireland political parties, registration drives, writing to the individuals concerned in the latter half of next year, and so on.

Can the Minister indicate whether any consideration has been given to the ideas the Electoral Commission was talking about even in today’s newspapers in Northern Ireland, about providing a means by which, for instance, when people register for new driving licences, and so on and so forth, information can be shared in some way, either directly or indirectly, to speed up the process of registration? Today in the newspapers the Electoral Commission was talking about a fifth of all eligible voters in Northern Ireland—300,000 people—being either wrongly registered or not registered at all, and it suggests that this is one way of increasing the number of people registered. But I note that when the NIO responded to the Secondary Legislation Scrutiny Committee, it did not mention that particular idea among the various initiatives that it talked about. Instead, it talks about

“asking the Electoral Commission … to use all their available communication avenues to encourage anyone who has not recently registered to do so”.

I would be grateful if the Minister, when he comes to respond, could deal with those points.

[Lord Bruce of Bennachie (LD)]

My Lords, I thank the Minister for introducing and explaining the purpose of these instruments.

To take a step back—the noble Lord, Lord Hayward, made these points—the process of registration and indeed now voting with ID is becoming more complicated, both for the voter and for those who administer elections. Some of us have some degree of suspicion about the Government’s motives, which is why it is important to scrutinise these things and ensure that what is being done is administratively sound rather than politically expedient. The noble Baroness, Lady Bennett, alluded to the concerns raised over the local elections.

We need to be clear that what is being proposed here, first, is fair and objective in increasing efficiency and, secondly, will not make it more difficult for people to register or to vote. Millions of people are not registered. Sadly, Scotland has the lowest number of registered voters at only 81%. Clearly, if being on the register or being a postal voter has to be renewed, for example, that might make it more difficult to maintain that degree of participation. All voters should be encouraged as far as possible to register and to vote; no regulations should be brought in that discriminate against any particular class of voter, if I can put it that way. The feeling at the moment is that this is not the Government’s position.

In passing, on the limitation of proxy voters to four, two of whom could be domestic voters and two overseas, I hope the Minister will forgive me if I say that I sometimes think the Government are more interested in getting votes from overseas people who do not live here than making sure that people who do live here actually vote. To that extent, I am not sure whether restricting the proxies to two domestic voters has practical implications that will effectively exclude people who are currently able to vote perfectly legally and properly. It is a question of whether the bureaucracy is excessive or justified and proportionate.

The proposals seem reasonable on the face of it. However, the Minister said in his introduction that, although we will have an extension for a year, thereafter people will have to renew their postal vote on a regular basis. I guess people will get used to that over time but, with regard to the committee’s report and the quote it got from the Government about the role of the political parties in encouraging people, that is of course a legitimate thing for political parties to do but it is also the responsibility of the state to ensure that people can vote and know how to register to vote.

However efficient political parties are, none of us speaks to every voter, much as we might wish we could, and therefore we require other things. I seem to recall that, years ago, the postman used to be part of the process of registration. That was a standard process; they would knock on the door one day—possibly more than once—and ask to check the register. That is not being done now; door-to-door registration seems to have gone. Online registration is fine, subject to safeguards, but we need to get to a situation in which registration is understood, simple, quick and straight- forward. It is important to eliminate personation, fraud and misrepresentation but, as has been said on a number of occasions, the evidence across the country—although Northern Ireland possibly had problems in the past, and maybe still does—is that the problems are relatively small.

The noble Lord, Lord Hayward, shakes his head, so let me concur: it is of course important that the procedures are robust, but not so robust that they act as a deterrent and a discouragement. We need people to vote. My parting shot is that the behaviour of politicians has been such that the motivation to vote has been diminished quite substantially. There was an interesting report today by the Institute for Government saying that this Government—not today’s Government but the Conservative Party in government—have pushed the boundaries of our constitution, unwritten as it is, beyond acceptability; I think that is how it expressed it. Some of us feel that is exactly what has been going on—not in these particular instruments but in the backdrop to them.

One other question we are not debating today concerns the rights of EU citizens. We have an extraordinary situation whereby Commonwealth citizens from anywhere in the Commonwealth who are resident in the UK have an automatic right to vote and stand in any election, whereas European Union citizens previously were allowed to vote and stand in local or subsidiary elections to the Westminster on. I note that Scotland and Wales have legislated that that right should continue, but the Government apparently want to reduce their eligibility in England. It is outside the terms of this debate, but it would be interesting to know whether the Government really intend to go with that. It would seem a bit odd if, because they can do so, Scotland and Wales take a different course. The question arises: does Northern Ireland, with an Assembly, have the right to follow Scotland and Wales if it wishes to do so? It may not wish to do so, but does it have the right?

With those comments, I say that, although we can understand the purpose behind this, the Government should recognise that there is genuine concern about where all this might be leading. It is making life much more complicated for everybody. The Electoral Commission has not always covered itself with glory. Indeed, one of my reservations about the Electoral Commission is that, in some ways, understanding of the gritty political process seems to be a little absent.