Electoral Registration and Administration Bill

Lord Norton of Louth Excerpts

Tuesday 24th July 2012 Lords Chamber

[Lord Norton of Louth]

My Lords, there is a problem of trust in the process of registering and voting. I believe we should privilege the integrity of the ballot over convenience. We have leaned a little too far in recent years towards convenience. I therefore welcome the Bill—it is a step in the right direction. However, I very much agree with my noble friend Lord Rennard that we should aim for a full as well as an accurate register. They should be seen as compatible goals. We need to ensure that the resources are made available to deliver on those goals; it is a question of resources as well as rules.

I had intended to devote the first part of my speech to discussing individual electoral registration, but most of the points I wanted to make have already been made. I will therefore discard that part of the speech and not repeat what has already been said. Instead, I will focus on concerns not yet expressed by others. I have a concern about one particular provision of the Bill and then I wish to address what I see as two omissions—both were touched on in debate in the other place.

The first concern relates to Clause 21, repealing the provisions of the Electoral Administration Act 2006 for the creation of a,

“co-ordinated on-line record of electors”.

I recall the debates we had when the 2006 Bill was in Committee. The Government do not wish to pursue having such a database because, as the Minister, Mark Harper, said last year in a Written Ministerial Statement, establishing such a system would not be,

“proportionate, cost-effective or consistent with the Government’s policy on databases and reducing the number of non-departmental public bodies”.—[Official Report, Commons, 18/7/11; col. 70WS.]

I understand all that. It may be an expensive way of getting rid of redundant entries as well as ensuring that people who are registered at more than one address do not vote more than once. Given that the Bill is designed to enhance the integrity of the register, it is incumbent on the Government to explain what they propose in place of the provisions for an online record of electors. I do not think that Clause 21, by itself, is sufficient. Therefore, I ask the Minister, what is the Government’s alternative? What plans do they have to take to prevent fraud in this respect? The introduction of individual electoral registration is necessary for that purpose, but it is not sufficient.

My other concerns cover what is not in the Bill. There are two omissions. First, the Bill does not address the 15-year rule for those British nationals who live overseas. In the last Parliament, I raised the issue of British nationals working for international organisations. Here my concern is more general. It is an issue that was raised in the other place during the passage of the Bill by Geoffrey Clifton-Brown. As he noted, although there are 4.4 million British citizens of voting age living abroad, only just over 23,000 are registered as overseas voters. In response the Minister, David Heath, said that the Government would give the issue “serious consideration”. I appreciate the reasons for not wishing to rush to judgement. There are practical issues as well as the issue of principle raised by the Minister—the two come together in terms of ensuring the integrity of the ballot. However, there is a countervailing principle in respect of the rights of those who, while they may live abroad, retain British citizenship. It will be helpful if my noble friend gives some indication of the Government’s thinking in the light of the discussions in the other place.

The other omission is a provision dealing with the edited electoral register. This is something that I have raised on a number of occasions. An edited register is produced as a by-product of citizens fulfilling a statutory obligation. There is the option not to be included in the edited version, but it is an opt-out process and one exercised at the moment by the head of the household. The move to IER will at least ensure that individuals are exercising their right to opt out. None the less, the Political and Constitutional Reform Committee of the House of Commons as well as the Electoral Commission and the Association of Electoral Administrators have argued that the edited register should be abolished. A survey by the Local Government Association and the AEA found that almost 90% of electoral officers surveyed believed that the practice of selling the register discouraged people from registering to vote.

There are thus significant problems arising from the generation and publication of an edited register. I am familiar with the arguments for its retention. The magazine Parliamentary Brief has regularly rehearsed them, albeit ignoring the fundamental objection of principle adumbrated by the Political and Constitutional Reform Committee, and one that I have previously advanced. The arguments for the edited version were also repeated at Second Reading of the Bill in the other place by Dan Rogerson.

The Government are seized of the issue and have undertaken a consultation on the future of the register. In response to the report of the Constitutional and Political Reform Committee, they said the arguments were “finely balanced”. During the Committee stage of the Bill in the Commons, Mark Harper reiterated the point in saying that the Government had decided to retain the register. That decision is one that we need to explore in some detail. There is the argument of principle. If the edited register is to be retained, then we need to address a number of changes that may be necessary. At present, the edited register can be sold to anyone. Direct marketing companies—generators of junk mail—are on a par with charities and other bodies pursuing functions that may be as meritorious as those of some of the bodies that are entitled to copies of the full register.

Inclusion in the edited version is automatic unless one makes the conscious decision to opt out. The information provided to electors as to the nature of the register and their right to opt out is not as clear as it could be—I gather practice varies. If the edited register is to be retained, then these are all points that need to be addressed. Again, it would be helpful if my noble friend could indicate the Government’s thinking.

I welcome the Bill. As we have heard, the principle of IER is compelling, but it is essential that its implementation is sound. We cannot afford to skimp in ensuring that a fundamental civil right is delivered.