Electoral Registration and Administration Bill

Lord Jackson of Peterborough Excerpts

Wednesday 23rd May 2012 Commons Chamber

[Mark Tami]

Will the Minister give way?

[Mr Stewart Jackson (Peterborough) (Con)]

Will my hon. Friend give way?

[Mr Harper]

I will finish my point about the civil penalty, then I will take an intervention from my hon. Friend the Member for Peterborough (Mr Jackson).

The Bill provides that after a registration officer has followed any specified steps and an individual has not made an application, he can require them to do so. If at that stage they fail to do so, he can impose a civil penalty. The intention is that only those who refuse repeatedly can be fined. We do not think it would be particularly helpful to democracy if we fined hundreds of thousands of people, so we expect the number of fines levied to be similar to the number of prosecutions at present. Nor do we want to create a financial incentive for local authorities to use fines as a revenue-raising measure, so any moneys collected—[Interruption.] I hear one of my hon. Friends chuckling, but one or two local authorities have been known to do such things, so any moneys collected will be paid back to the Exchequer through the Consolidated Fund.

[Mr Jackson]

I agree with the compromises that my hon. Friend has made on the opt-out and the civil penalty. I am sure he agrees that people’s propensity to register for elections is a function of societal change as much as anything else. The Electoral Commission has stated:

“Recent social, economic and political changes appear to have resulted in a declining motivation to register to vote among specific social groups.”

That is associated with

“changes in the approach to the annual canvass…as well as matters of individual choice and circumstances (such as a decline in interest in politics).”

Surely we need to concede that some people do not want to register because they are not interested in the process.

[Mr Harper]

We do. The main impact on an individual who does not register to vote is the rather obvious one that they lose their opportunity to vote and have their say in how their country is governed, but there are also some public policy reasons why we want people to register to vote. One reason is to ensure that there is a complete register for the purpose of boundary changes, and another is that the electoral register is used as the pool for jury service. We therefore want to ensure that it is as accurate as possible.

My hon. Friend is right that is up to Members and to people involved in politics of all descriptions to motivate people to register to vote and then use their vote. The use of the vote will, of course, remain sanction-free. It will be entirely up to people whether they use their vote.

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[Mr Stewart Jackson (Peterborough) (Con)]

I like the hon. Member for Caerphilly (Mr David), but I fear that spending too many evenings in parliamentary Labour party meetings has made him quite paranoid, given that the previous Government advanced the same substantive proposals for individual electoral registration in Northern Ireland and that the consultation document that was published in 2005 was followed by the Northern Ireland (Miscellaneous Provisions) Act 2006, which gave rise to individual electoral registration in Northern Ireland. Neither we nor anyone else accused those measures of being rushed through. The hon. Gentleman must be the first Front Bencher to argue against the substantive proposals of the previous Government. The bigger question is why the integrity, autonomy and authority of the electoral register should be more important in Northern Ireland than in England, Wales and Scotland.

[Mr Harper]

I would have made this point to the hon. Member for Caerphilly (Mr David), had he shown the generosity of spirit that I did. Given his complaints about the diminishing register and the risks involved, would my hon. Friend like to consider why the Electoral Commission’s research showed that in 2000, under the previous Government, 3 million people were missing from the electoral register and that by 2010, just after they had left office, the figure had risen to 6 million? If there is a party in the House that has shown itself to be a past master at driving people off the electoral register, it is not the party on the Government Benches; it is the party opposite.

[Mr Jackson]

The Minister makes an astute point. In 2001, the year in which the hon. Member for Caerphilly entered the House, the English electorate numbered 37.3 million. By the end of Labour’s second term, in 2005, the figure was 37.1 million. So Labour did not push up registration rates in an increasing population either.

I take with a pinch of salt Labour’s protestations and faux outrage. We have argued for many years that overseas voters should also have the right to be registered, and that active steps should be taken to achieve that. That point has also been made by the hon. Member for Caerphilly’s erstwhile right hon. Friend the Member for Rotherham (Mr MacShane). However, that did not happen during the 13 years of the previous Government. Indeed, they more or less ignored services voters, despite many people from military constituencies saying that that was an outrageous and egregious oversight.

[Mr Evennett]

My hon. Friend is making some powerful points. Does he agree that the modernisation of our system is essential, and that it should be brought in as soon as possible?

[Mr Jackson]

I could not agree more with my hon. Friend, who has great experience in the House.

The Bill is absolutely right, in that its central aims are to tackle electoral fraud, improve the integrity of our electoral system, particularly the electoral register, and modernise the electoral registration system, which, as my hon. Friend the Member for Bexleyheath and Crayford (Mr Evennett) says, is most important. The hon. Member for Nottingham North (Mr Allen) was gracious in paying tribute to the Minister and the Department for engaging in an open and wide-ranging debate during the pre-legislative scrutiny and public consultation, and for producing the White Paper and a detailed, comprehensive Government response in February 2012. It is far from the truth that this is some kind of rushed, gerrymandering Bill. It has attracted a lot of support, including from organisations such as the Electoral Commission. There is consensus around the Bill.

The proposals in the Bill featured not only in the Conservative manifesto of May 2010 but in the coalition agreement, so we certainly have a mandate for carrying out this policy. If the hon. Member for Caerphilly were more generous of spirit, he would perhaps admit that the previous Government wanted to proceed in a similar way when they were in power. Reference has been made to the Political Parties and Elections Act 2009 in that regard.

[Chris Ruane]

Will the hon. Gentleman answer a question that has so far remained unanswered? The 2009 Act was passed as a result of consensus across the Chamber, and its provisions were to start in 2015. Why is it so important to bring them back by one year? Why could we not have retained all-party consensus by keeping the date at 2015?

[Mr Jackson]

Because we see this as in the best interest of the body politic generally. There is a plethora of evidence to show that cumulative cases of electoral fraud—I will come on to discuss this issue later both for my own constituency and across the country—have grievously damaged the faith and trust people have in the electoral process. The Minister is quite right that we have all been complacent in assuming that we live in a society where transparency, openness and fairness exist above all in the electoral process. I did not think I would ever encounter a case in which a judge would describe a British electoral result—in this case, for Birmingham city council—as comparable to one of a banana republic, yet that happened in 2004 under the watch of the Government whom the hon. Member for Caerphilly supported.

Important parts of the Bill are uncontentious, but I will bring some concerns to the House’s attention later. Of course individual electoral registration has been broadly supported across the House over a number of years. Some elements, such as the review of polling places, are innocuous and will not be contentious, as I said.

On civil penalties, I mentioned earlier that we must be cognisant of the fact that some people are not interested in the political process. We cannot force people to register on the basis of a criminal sanction—it is not right to do so—if they genuinely do not feel part of the process. That is a function not of a political process, but of societal change over many years. International comparisons are important for understanding how to get people to register. Australia is an interesting example. The level of civic engagement in schools and colleges there and the amount of publicity given to financial education, for example, has led to school children and young people understanding the importance of being involved in the system. I think that is a much better way of proceeding than having criminal sanctions and a penalty. Our society is much changed.

[Siobhain McDonagh]

I am certainly no expert on the Australian system and I am sure that school education there is good. Nevertheless, Australia has compulsory voting and has far more frequent and stronger fining than we do.

[Mr Jackson]

We will not meander down the path of compulsory voting, which is a completely separate issue, and even the benign Deputy Speaker might rule me out of order if I did that. I think it is better to persuade than to threaten and cajole people. That is why I am not particularly concerned one way or the other about the opt-out proposals. Had they remained in the Bill and not been amended, I would still have been happy to support it. We can argue about civil penalties, but I think amounts of £60, £80 or £100 send out a powerful enough message. After all, no one wants to get a parking ticket and be fined £60. We are talking about civic engagement with something that is important for the future of our country, and people understand that they should be part of it.

An important corollary of the changes is the reduction in the potential for financial fraud. Essentially, the capacity to commit fraud is often given via a place on the electoral register. Figures produced over the last year or so in the Cabinet Office impact assessment by the Metropolitan Police Service and the National Fraud Initiative under the auspices of Operation Amberhill showed that of 29,000 information strands collated, 13,214—almost 46%—showed data matches with the electoral register that were fraudulent or counterfeit. In other words, the documents were often generated as a result of someone’s being on the electoral register, but were nevertheless fraudulent or counterfeit.

The Minister made the simple point that ours is one of the few countries in the world that still operates a household registration system. The system is backward-looking, and it disfranchises people, particularly women, in communities in which the heads of households take full responsibility for women’s registration and postal vote. We should do something about that. We have a duty to ensure that those women’s votes are not being stolen by people who should not have access to them, because we have a universal franchise based on free and fair access to democracy for every man and every woman, which is what has put us here today.

At present, only a person’s name, address and nationality need to be supplied for that person to appear on the electoral register. As the Minister made clear, this is one of the least robust systems in the world. Let me share with the House our experience in Peterborough. The hon. Member for Mitcham and Morden (Siobhain McDonagh), who I know has been in the House for a long time, was very relaxed and insouciant, perhaps even complacent, about postal votes and the transfer to the individual electoral registration system. However, on 27 April the Peterborough Evening Telegraph reported that 16% of postal votes applied for in the central ward of Peterborough had been thrown out because they were fraudulent or forged.

That is happening now, and it can be extrapolated to different communities and different wards in urban areas throughout the country, including Greater London. However, Members need not rely on me for speculation, because there have already been serious cases of electoral fraud involving postal votes in Slough, Pendle, Birmingham, West Yorkshire and, in particular, Peterborough. I shall say more about that later.

[Siobhain McDonagh]

I certainly would not tolerate the fraudulent registration of even one postal vote, but how can it be right to reduce access to postal votes for the many because of a few examples of fraud? No investigation, including those by the Electoral Commission and the Association of Chief Police Officers, has discovered extensive fraud. We know that it happens, and we know that it happens in particular places, but surely the job of the police is to find out where it happens and make specific proposals to deal with it, not to disfranchise the many.

[Mr Jackson]

We are making specific proposals. I think that the hon. Lady is tarrying with the wrong person. I saw the huge resources that were devoted to investigation of postal vote fraud by the Cambridgeshire constabulary—who, as far as I know, received little if any help from the Government of whom the hon. Lady was a member—between 2004 and 2008. It took four years for Operation Hooper to complete its investigation, which resulted in the imprisonment of, I believe, five individuals—two of them Conservative and three Labour, as it happens—following the European and city council elections in the central ward of Peterborough in June 2004.

We cannot say that we should not bother about this because we have no proof that it happens. It does happen, it is costly, it undermines the very basis of democracy in this country, and we should ensure—as I believe the Bill does—that the correct procedures operate to ensure that it does not happen in the future. The hon. Lady may wish to reconsider her rather lackadaisical approach to the integrity of our electoral system.

One proposal with which I strongly agree, although I do not think that the Government have gone far enough, is the proposal in clause 19 to allow police community support officers into polling stations. I think that if there is a missed opportunity in the Bill, it is our failure to consider the serious problem of personation and intimidation at polling stations. We saw that in Tower Hamlets earlier this month, and we have seen it too often in Peterborough. I must not major on Peterborough’s central ward, but it is the one that I know best. In that ward we have four polling stations. About half a dozen members of the Cambridgeshire constabulary and mobile CCTV are required at each of them because of the issue of personation, of which there have been cases in Peterborough.

We are not going far enough in looking again at the Representation of the People Act 1983, because the power of the presiding officer inside the polling station remains extremely limited. If the hon. Member for Mitcham and Morden were to go into a polling station in Mitcham and Morden and say she was Elvis Presley and that name was on the electoral register, the polling clerk would have very little power to say, “Actually, you’re not Elvis Presley. You’re our esteemed local Labour MP for Mitcham and Morden.” That is not satisfactory. The legal test for proving that the hon. Lady is her good self, rather than Elvis Presley, is very difficult. We have missed an opportunity to look again at that issue.

In closing—which is what the Whips are imploring me to do—may I make two quick points? I have concerns about the removal of the co-ordinated online record of electors—CORE—database. I have no interest in promoting national ID databases—I voted against identity cards—but the Minister must tell us how successful he has been in removing the difficulties of duplication, which have frequently arisen. CORE ameliorated that, but it is no longer in place.

On a slightly mischievous note, this morning on the ConservativeHome website my hon. Friend the Member for Bournemouth West (Conor Burns) made a point about clause 18 and allowing a parliamentary candidate standing on behalf of two or more parties to use a registered emblem of one or more parties. Can the Minister assure me that there is no hidden agenda in that, and that it is just a helpful way to assist Labour and Co-operative party representatives to get elected in their seats?

[Mr Harper]

I am happy to be able to give my hon. Friend that assurance. There will not be coalition candidates at the next election; there will be separate Conservative and Liberal Democrat candidates. I must say, too, that the attitude of Labour Members is a bit depressing. The only reason why we are making this change is that when the Labour party was in office it could not draft legislation properly and inadvertently “cocked it up”, to quote the hon. Member for Rhondda (Chris Bryant). Because of that, and because we are fixing what is largely a problem for Labour and Co-operative Members, one would think they could be slightly less churlish.

[Mr Jackson]

Finally, let me say that the data-matching projects are very useful, but in Peterborough’s case they resulted in merely a 54.7% matching rate. More work needs to be done in the second tranche, and sufficient resources must be allocated, as this will be the bedrock of individual electoral registration.

I thank the Minister for his detailed and comprehensive remarks. The Bill is excellent. It restores integrity, honesty and transparency to the electoral system. That is long overdue. The previous Government should have done this, but it has been our new Government who have taken this courageous step, in order to make sure we can all have faith and trust in the system that puts us here and puts councillors in their seats. That adds to British democracy.

[Several hon. Members]

rose—

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[Andrew Stephenson]

Certainly not. I am suggesting that certain parties can abuse the system of on-demand postal voting, and all parties have a vested interest in signing up their voters for postal votes in order to increase the turnout of their voters. I believe that that can skew election results. A return to the old system, where voters had to have a reason to have a postal vote, is the way that we should go.

I accept that in the Reedley ward it is theoretically possible that local support for Labour did sky-rocket. However, I have no doubt that the 45% increase in the Labour vote in 2011, against the backdrop of an 18% drop in turnout, was down to the huge increase in postal votes that year, as well as individual reports of party activists walking into polling stations with piles of up to 50 postal votes at a time. It is not so much that the numbers do not add up; rather, that they do. As the new council leader of Pendle, Councillor Joe Cooney, recently said:

“If we lose an election we want to lose it fairly, we don’t want to see councillors losing seats where it is not a level playing field.”

I accept, as I said, that while the rules remain as they are, all political parties will compete to sign up as many people as possible on to postal votes. Everyone in the Chamber knows that electors with postal votes are more likely to use their vote, so all political parties have a vested interest in doing that. However, as we all know, the temptation for some political activists to create fictitious voters and sign them up for postal votes has proved irresistible in places such as Slough, Birmingham and east London.

It is also clear, yes, that there is a cultural element. That has been endorsed by independent organisations such as the Joseph Rowntree Trust. Even if the electoral roll is accurate, as the Bill hopes to ensure, the current on-demand postal voting regime actively disfranchises women and young people by allowing family voting to occur. By family voting, I mean the head of a household pledging the entire family’s votes to a particular political party. He can then ensure that all those votes go to that political party by watching family members complete their postal ballots, completing the ballots himself, or indeed completing them with an activist from the said political party.

[Mr Stewart Jackson]

I entirely concur with my hon. Friend’s comments. What we have found in Peterborough from time to time is that the head of the household will fill in both the signature and the date of birth of predominantly women members of the family. It is time-consuming and resource-intensive for the local authority and the electoral registration officer to cross-reference and match those. It is only in that way that the practice is found out, but often it is not. That is uncomfortable and unpalatable, but nevertheless true.

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[Siobhain McDonagh (Mitcham and Morden) (Lab)]

If I may issue a challenge or wager to the hon. Member for Pendle (Andrew Stephenson), it is that there will be proportionately fewer young people on the electoral register in December 2015 than there are today. I support household registration because I believe that the most effective electoral registration officer in my constituency is mum. It is mum who fills in the form and includes her young sons—it is principally young sons, but also young daughters. It is not about people being excluded because of a bullying dad or other figures in the household. The young men I saw queuing up at the polling station at the last general election were there and able to vote because their mums assisted them in that. My concern about individual registration is not about party preference or who wins and loses, but about the disfranchisement of those groups who, for the good of us all and the protection of our society, must be included in the system.

Those listening to the debate would be forgiven for thinking that all sorts of fraud goes on all the time and that there is plenty of evidence for it, but actually the contrary is true. The report produced by the Association of Chief Police Officers and the Electoral Commission in March 2012 identified remarkably low levels of offences relating to voter registration, stating that the offences usually concern financial benefit or identity fraud, which can be investigated separately, rather than electoral fraud. Surely we have all met mums in our constituency advice surgeries whose single person discount has been removed from their council tax bill because the council found that the electoral register recorded adult sons or daughters as living with them, even though they had moved out. That is the problem. It is not about people wanting to go on to the electoral register.

[Mr Stewart Jackson]

Is the hon. Lady really telling the intelligent and articulate Pakistani women in my constituency that they are not intelligent enough or cannot be trusted to fill in their own individual electoral registration forms and that they have to trust their mums, aunties, dads or uncles to do so, because I do not think that that is about women’s empowerment? It is patronising, backward-looking and potentially extremely fraudulent.

[Siobhain McDonagh]

I think that that intervention is the result of the hon. Gentleman’s embarrassment at some of his earlier contributions on people who should not be on the electoral register—that gets to the nub of it.

I accept that I am out of step and that individual registration is going to happen. Given that it is, what can we do to make sure that as many people as possible are on the register?

Our democracy depends on the fullest electoral register, and that is why I introduced a ten-minute rule Bill, to which my hon. Friend the Member for Sheffield South East (Mr Betts) referred, and which suggests that anybody who receives a service from the state, gets a library ticket and a driving licence or claims a benefit should have to be on the register. It would be a social contract, whereby the state—the Government—had a connection with people, who were able to vote if they chose to do so. In that way, we would also bring about a connection that people understood—that there was not something called Government money, but an individual’s money, which they gave to the Government or the state to spend.

The police are not against a comprehensive electoral register, because it is one of the country’s most effective crime databases, so their job will be made much harder if the register becomes less complete. Banks and credit companies will find it harder to tackle fraud, and councils will also find it harder to investigate benefit fraud.

If millions drop off the register because individual registration is introduced too rapidly and with too few safeguards, there will be trouble ahead. The Government have made some concessions, but, as the Bill stands, the number of people on the electoral roll and electoral participation will decline.

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[Mrs Laing]

Not in my constituency, it is not, where a large majority of them vote Tory. I want them on the register. This is simply not a reasonable argument. If someone is responsible enough to exercise their right to vote to decide the Government of this country, or at any level of local government, they should be responsible enough to register to vote.

[Mr Stewart Jackson]

Does my hon. Friend agree that the Labour party should have learnt its lesson from the Bradford West by-election result? It relied on community voting and this kind of backward-looking, pernicious and frankly slightly sleazy and corrupt approach to registration and campaigning. It bit Labour on the backside and it lost by 10,000 votes. It is over.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I think there was a question in there somewhere.