Representation of the People (England and Wales) (Amendment) Regulations 2018

Lord Hunt of Kings Heath Excerpts

Tuesday 27th February 2018 Grand Committee

Making it easier for electoral registration officers to sensitively remove from the electoral rolls the names of people who have died should not require much debate, but in terms of preventing abuse of the electoral system, I believe that the impersonation of dead people is probably not very common in the UK. A much bigger problem remains the fact that about one in six people who are living and are entitled to be on the electoral register are not included on it. According to the Electoral Commission, most people believe that the process of electoral registration is automatic and they do not understand that they may need to act to ensure that they are registered and that failure to comply with the process may lead to fines or civil penalties. Will the Minister assure us that the Cabinet Office is working with the Electoral Commission to make sure that all relevant forms in the electoral registration process make this clear and follow standardised best practice to promote the completeness of the electoral register?

[Lord Hunt of Kings Heath (Lab)]

My Lords, I, too, welcome these provisions as far as they go. Clearly, it cannot be right that survivors who face a physical, emotional and psychological impact from abuse are then silenced from our democratic process because it is too dangerous for their names and addresses to be listed on the electoral register and too difficult for them to register anonymously under the current provisions.

I take this opportunity to thank Women’s Aid, which has been at the forefront of shaping and co-ordinating the responses to domestic violence and abuse for over 40 years, including the legislation before us. The question is whether these measures go far enough. One of my concerns is that survivors will have to re-register to vote anonymously year on year, and those who move home will have to repeat their applications. For many survivors, anonymity is a matter of life or death, and they will often be on the run from domestic abuse for the rest of their lives. I know that Women’s Aid has been calling on the Government to use the domestic violence and abuse Bill to pass legislative changes to make anonymous voter registration for survivors valid indefinitely so that they can vote in safety for life. What is the Minister’s position on that proposal?

I also want to raise a point that Mr Stephen Doughty raised in the other place about credit reference agencies. His concern was the interaction of individuals with credit reference agencies once they had registered anonymously. From examples in his constituency, he knew that individuals who had registered anonymously had then had significant difficulty in getting agencies such as Experian, Core Credit and others to acknowledge their anonymous registration without going through cumbersome processes. Many of the people we are talking about today are in a vulnerable situation; they need to be able to access credit and to do so without being disadvantaged. Will the Minister say a little more about whether the Government will work with the agencies to ensure that the process is as transparent and easy as possible? We know that in some cases agencies have refused to accept anonymous registration certificates, and clearly that is not right.

I would also like to pick up a point raised by the noble Lord, Lord Rennard. I welcome the proposals to remove entries from the register as a result of death—clearly that is a sensible measure. However, I would also have liked to see some provision for taking steps to increase voter registration and turnout. A question I put to the Government is this: why can they not examine the use of government data to automatically place eligible electors on the electoral roll, given that the integrity and accuracy of that roll is so important? In welcoming these provisions, I hope that we will hear a bit more about how the Government are going to increase the number of eligible people on the electoral register.

[Lord Young of Cookham]

My Lords, I am very grateful for the general support for the measures before us and for all the contributions. I will try to respond to the points that have been raised, starting with that of my noble friend Lady Seccombe. She rightly pointed out that, if you look at the latest figures from the ONS, you will see that 1.9 million adults between the ages of 16 and 59 experienced domestic abuse in the past year—1.2 million women and 713,000 men—a statistic that many people will find surprising. When I first became involved in this issue, back in the 1970s, I was on a Select Committee dealing with violence in the family. That was in the era of Erin Pizzey and the first refuges. At that point, the focus was almost exclusively on women who had suffered physical violence. Over the past decades, the definition of domestic violence and abuse has broadened: it now includes psychological as well as physical abuse; sexual, financial and emotionally controlling behaviour; and coercive behaviour. That has broadened the range of people who might be susceptible to domestic violence. Men are victims, and the new provisions that we debate this evening cover both men and women—and rightly so.

My noble friend Lord Hodgson was worried that broadening the range of people who can attest might open the scheme to some abuse. It is important to keep this in perspective. At the moment, 2,300 people are anonymously registered—an infinitely small proportion of the total voting population. The estimate we have made is that, as a result of the changes we debate this evening, that figure might triple to 6,900. If one puts that in the perspective of the millions of people who are entitled to vote, one will see that the possibility of abuse is relatively small.

We consulted the Electoral Commission about the process. My noble friend asked whether refuge managers have to be in the directory. The answer is that they do not. However, the definition was restricted by being narrowed to managers of refuges, in direct response to the Electoral Commission’s concerns.

On the issue of telling people whether they have been removed from the register, the statutory instrument gives the electoral registration officer the discretion to include in the first communication information that they will not get a further one later on. It is discretionary and it is open to the electoral registration officer whether to follow it up, and there will be guidance from the Electoral Commission on how that discretion should best be used.

My noble friend asked also why one had to provide a national insurance number, given that, if one registered online, one did not have to. My noble friend is certainly different from me in having his driving licence and his passport information as accessible as his national insurance number. As far as I am concerned, all three have to be looked at in some database. I will write to him, if I may, about why there is that discrepancy between the information you have to provide if you register in person and the information you have to provide if you register online.

My noble friend raised some broader issues, which were touched on also by others who contributed to the debate, about the progress that the Government are making in their review of electoral law. I am not sure that my reply this evening will take my noble friend much further than the reply that I gave him but a few weeks ago, but we are working closely with the Law Commission in bringing forward a programme of reform using secondary legislation. It is hoped that the work can lead to the consolidation of 10 statutory instruments and 25 amending instruments into two, an affirmative and negative SI respectively. These will cover local, PCC and mayoral elections as well as local planning and council tax referendums. The Law Commission will then utilise its in-house parliamentary counsel to oversee the drafting process. On top of that, Cabinet Office staff will form part of an inner circle alongside representatives from the Electoral Commission, Solace and AEA—the Association of Electoral Administrators—to oversee the drafting process and participate in necessary policy decisions. So work is under way on broader reforms.

The noble Lord, Lord Rennard, asked about GPs and whether they would charge those who want the attestation form signed. I entirely agree with him that those in a vulnerable position should not have to pay. The Electoral Commission will provide revised guidance in the light of the changes we debate. We hope that GPs will choose not to charge for attestations but, as the noble Lord said, other avenues will remain open for electors to seek attestations. It strikes me that somebody who perhaps has just moved into a new refuge will have to go and see a GP anyway to register. That is the point at which the patient could provide the attestation form and just ask the GP to sign it. If it was in that context, I honestly do not see that the GP would need to charge.

On automatic registration, I think that this was looked at some time ago; it may even have been when there was a coalition. The Government did not introduce automatic registration, as it went against the underlying principle of IER—namely, that individuals should take ownership of registering to vote and deciding where they want to register. I shall come in a moment to what we are doing to improve take-up. There are no plans to introduce a system of compulsory registration; that has been looked at before. It is up to all of us to explain to people the importance of registering to vote.

The noble Lord, Lord Hunt, raised a question asked in the other place about why those who register anonymously have to re-register each year. It is a valid question. The provisions on yearly renewal are in primary legislation and could not be addressed through the SIs before us today. The intention of Parliament when the scheme was introduced in 2006 was to enable individuals with a current risk to register anonymously. If one had it automatically carrying forward year after year then, by definition, the risk might not be “current”. However, I think that the principal reason was that you simply cannot do it by secondary legislation; you need primary legislation.

The noble Lord then raised the valid point that, if you are not on the register, credit reference agencies cannot check that you are who you say you are. There is a certificate of anonymous registration, which can be used as evidence to overcome some of the restrictions to which the noble Lord referred. He implied that this was bureaucratic and not always acceptable to the credit reference agencies, and that again is something that I would like to take away and reflect on.

I have tried to answer all the points that were raised. If I have not answered all of them, I shall write to noble Lords.