Representation of the People (Electoral Registration Data Schemes) Regulations 2011

Lord Jones Excerpts

Tuesday 7th June 2011 Grand Committee

Finally, Article 4(2) specifies that agreements between central and local government must make provision for the consequences of the failure to comply with requirements on transfer, storage, destruction and security of data. That will be incredibly important in assuring the public that we are not taking unnecessary risks with important and confidential information. What consequences does the Minister have in mind for future agreements made under this order?

[Lord Jones]

My Lords, I thank the noble Lord, Lord Tyler, and my noble friend on the Electoral Commission. I also thank the Minister for the clarity of his introduction. It is clear how, over the years, the register has ceased to be the reference source—the local bible—that it once was. That may be the reason for these regulations and the order. I have also noticed how, in parallel, turnout at elections has plummeted and how the ugly head of fraud has recently been so frequently in the news. Therefore, perhaps necessarily, these proposals must be and are bureaucratic. We have commissioners, commissions, the Cabinet Office, Secretaries of State, the Lord President and local authorities—all evidence of complications.

The ballot is a hard-won right. It is a secret ballot and it remains, I hope, a clean and fool-proof ballot. That is the bedrock of British liberty—the liberty of a free Parliament and of our perception of liberty, equality and justice. In that sense, what is before us is very important. It was right and proper that the Minister declared himself clearly in introducing the legislation and no doubt will do so in replying. We are all equal in the ballot and therefore I see these measures as an enhancement. They have to be good. I assume that every effort is being made by the coalition Government to protect the integrity of the ballot box. That signal needs to be sent out to the nation and to the whole electorate and I trust this Minister to do that. I appreciate the reference made by the deputy commissioner and director of data protection to inherent risks in security. David Smith makes a veiled promise of what seems to me a retribution. I do not cavil with his discretion there.

What of Wales in terms of a national ballot? The city of Cardiff and the county is a good place to go, as the schedule presages, but can the Minister indicate whether there were consultations and other bids? We have but one pilot in Wales. Why not in Northern Ireland? It may be that there is a simple answer that the Minister will give to your Lordships.

I have a question that arises from a recent contretemps. Are electoral registration officers subject to ministerial direction? I know that the Minister does not answer for Wales, but I put the question generally. I recently noticed that Wales Assembly Government Ministers were unable to persuade—I use the word advisedly— an electoral registration officer in the Wales Assembly election to do as they wished. I refer to the day and the time of a count. The Minister may say to me that that is way out, but I put the question to him also in a general sense across Britain—or perhaps it applies only to England. Can he give an answer now? If he cannot, will he please give me a detailed answer by letter? I wish the Minister well in attempting, on this important matter, to make this a better place.

[Lord Wills]

My Lords, it is a pleasure to follow my noble friend and all noble Lords who have made important contributions to an important debate. I do not intend to delay the proceedings for long, not least because the Minister made such a compelling case for these statutory instruments that there is little to add. I agree with almost everything that I heard him say. However, I have a few questions. Of course, if he is unable to answer them directly today, I should be grateful if he would write to me in due course.

I agree with the noble Lord, Lord Tyler, that it is crucial with this sort of legislation to strike the balance correctly between the efficient discharge of achieving desirable public objectives and protecting the liberty of the individual. As far as I can see, the Government, in this careful approach, have struck that balance well. The House and Parliament owe the Minister and his colleagues a debt of gratitude on the way in which they have approached the matter.

These statutory instruments can play an important part, as we have heard, in tackling the continuing and serious problem of under-registration. Until now, there has been general agreement that the figure of between 3 million and 3.5 million, based on work by the Electoral Commission some years ago, represents the number of people who are eligible to vote but cannot do so because they are not on the register. First, is the Minister aware of the report in the Guardian today that is based on the work carried out by Chris Ruane MP and suggests that the figure may not be between 3 million and 3.5 million but closer to 6 million? Will he commission his officials to contact Mr Ruane to investigate the validity of that figure and report back to Parliament on the findings?

Secondly, the previous Government, as I am sure the Minister is aware, felt that the power in the Political Parties and Elections Act to make such statutory instruments was necessary but was not sufficient. Had we been re-elected, we would certainly have brought forward further measures to improve registration rates. I should therefore be grateful if the Minister could tell us what measures this Government have considered to improve the electoral register over and above those brought in or presaged by the previous Government. Which of those measures that this Government have so considered are they planning to bring forward and when will they do so? If the Minister is unable to answer now, I should be grateful if he could write to me.

Will the Minister also explain why it has taken more than a year to bring forward these statutory instruments? I concede straightaway that, as I am sure he will immediately point out, the PPE Act received Royal Assent in July 2009 and that the statutory instruments that were necessary suffered in what is always the inevitable traffic jam of statutory instruments at the end of a Parliament. The Minister does not need to dwell on that point in his reply. However, this Government do not have that excuse. Given that when they came to power the cupboard was almost inevitably pretty well bare of such a logjam of statutory instruments, and given the importance that everyone who has spoken attaches to improving the electoral register, especially in the context of all the other constitutional reforms that this Government are bringing forward—the noble Lord, Lord Tyler, referred to our extensive debate on these matters in which the question of electoral registration has come up time and again on all sides of the House— please can the Minister tell us why it has taken quite so long to bring forward these statutory instruments? I am quite sure that I will not be alone in hoping for some sort of explanation.

I note that these statutory instruments have been coupled elsewhere with the Government’s intention to rush forward with the introduction of individual registration. I should like to put on record and conclude with my strong objections to this attempt to justify the unjustifiable. The previous Government put in place measures for the implementation of individual registration. That is undoubtedly desirable; there is now agreement, certainly among everyone who has spoken, about that. However, the previous Government tied individual registration to the achievement as far as reasonably practicable—I am again grateful to the noble Lord, Lord Tyler, for quoting the exact words—of a comprehensive and accurate register. This is crucial. All the analyses agree—I do not think that there is any serious disagreement about this—that the introduction of individual registration runs a serious risk of damaging rates of registration. Desirable as it is, that is a perverse consequence of bringing it in.

To rush forward before the register is complete, comprehensive and accurate, as the Government are proposing, risks rendering an already flawed system deeply more flawed. That would be bad enough, but such damage would have a partisan effect. Although the Minister may try to deny this, most analysts agree that the voters most likely to fall off the register in these circumstances would be more disposed to vote Labour.

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[Lord McNally]

Yes. However, I refer to one of the points that my noble friend Lord Tyler made in the most enjoyable exchange that he had with the noble Lord, Lord Wills. The trouble with my noble friend Lord Tyler is that not only does he know the facts but he knows the dates as well; he is a difficult man to grapple with. He made the point that voter registration is not only a mechanical issue but a political one. We all have to get out and knock on doors and convince people. I freely accept that in some areas it is more difficult to obtain registration.

I make no apologies for pushing ahead with individual registration because, although there may be problems initially in the transition—and we are trying to put in place measures that will mitigate some of the problems—we are convinced that individual registration is a way to both avoid fraud and encourage individual participation in our democratic process.

[Lord Jones]

I am grateful that the Minister is grappling. First, can a Minister direct the electoral registration officer? Secondly, was he confirming that the city of Cardiff has pulled out of the pilot? If he was, I should tell him that I did not know and that I have relied on the documents that he presented to your Lordships saying that it was part of the scheme. He may wish to answer those two questions.

[Lord McNally]

I shall write to the noble Lord on his first question. As I understand it, Cardiff withdrew but, again, I shall write to clarify the situation.

[Lord Jones]

The Minister will concede that we needed to be told in proceedings that the schedule was inaccurate.

[Lord McNally]

I will check, but I think that I said that in my opening remarks.

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[Lord Jones]

I am grateful to the Minister.

[Lord McNally]

This has been a useful and question-filled debate, although we will have to wait for Hansard to find out whether it has been fact-filled. It is important that we have respect for the electoral register and for our democratic process. On balance, I have always been in favour of the stubby pencil inside a voting booth as a sign of the citizen’s commitment to making democracy work. These days, if you ever go checking numbers outside a polling station, it is sad to see elderly people struggling to make it to exercise that right and young people walking past. It is part of our task as politicians to reverse that process. We have to make democracy work and I hope that these instruments will make some contribution towards that. I sincerely thank all those who have contributed to a very well informed debate.