Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2013

Lord Roberts of Llandudno Excerpts

Monday 9th December 2013 Grand Committee

[Lord Lipsey (Lab)]

My Lords, the whole Committee will be grateful to the Minister for that explanation of what these orders contain. He gave it, understandably, in a pretty low-key way. I think it is worth the Committee reminding itself just how much is at stake on the path we are going down. We must do so because this is a milestone today, along a path that has had many milestones; but it is right that Parliament should check that we are still on the right road before approving the orders.

Perhaps I could illustrate that importance by saying this: let us suppose that the exercise comes up with 80% of eligible voters registering to vote, which is below what we would hope for, but not implausible. Let us suppose at the same time that we get another dullish election where the turnout is only 60%. It would follow from those figures that fewer than half of those eligible to vote had participated in the election. When you start getting to a figure like that, there is no question but that this reflects on the legitimacy of the return.

It is terribly important that we get the maximum turnout at the election, but, in the mean time, that we have a register that is as near complete as possible. Of course, we understand and support the move to individual electoral registration: that is also terribly important to our democracy in order to prevent forged votes being cast. We must make sure, however, that this is being done thoroughly, as well as it possibly can, and that it is not impeded by an insufficiency of resources or rushed through for whatever reason.

It might seem strange to mention my next point straight after warning against “rushing through”, but just last week, one expected deadline for electoral registration was missed. The Commons Library note, dated only a couple of months ago, said that the Government expected to make a firm decision by the end of November on whether to proceed with individual registration for the 2015 election. When Greg Clark was answering a Question on 26 November in another place, he did not say that the Government had decided to proceed; he said simply that they were on track for individual electoral registration to come in in 2014. I do not think there has been a critical slippage yet; but the more the Minister can say to persuade the Committee that they will be giving the go-ahead and that there is still time to have registration fully in place by the summer of 2014—even if it falls short of an absolute pledge; I will come back to that in a minute—the more helpful it would be.

When we say it is “on track”, it is worth reviewing one or two issues that have come up on that track. One about which all Members of the House should be very pleased is the decision to retain the civic penalty. I have no doubt whatever that it was the threat of a civic penalty—even though it is not much used—that prevented a serious slump in registration, particularly among younger people, which would have been damaging. I give the Government absolute credit for that: they listened, they thought about it and they decided to retain the civic penalty. That is greatly to be welcomed.

Another matter that has been resolved, but where I personally regret the resolution—as indeed does the Electoral Commission—is the question of the open register. Here, there is a straight conflict. This should be a register for voting purposes only; that is to say, it should not be sent out to anybody who wants to use it for marketing or any other purposes. Frankly, the ability of a voter to contract out is not a sufficient protection, because most of them have better things to do than to think about whether they want to contract out of the electoral register.

We understand that the marketing industry has brought huge pressure on the Government to continue to make the register available for its purposes. We hear that some local authorities that were going to give priority to putting in a box that could be ticked to say, “I want to contract out”—the tick could then be removed—have been threatened with judicial review by the marketing industry. I must say that in my guts I find it very distasteful when our electoral process is taking second place to the lowest commercial considerations, but I am sure that the marketers have their case; it just has not persuaded me. I ask the Minister to agree, though, that after the first use of IER the Government will review this provision and any evidence there may be as to whether it has damaged the integrity of the register so that, if we have made a mistake this time around—and we all make mistakes—it can be resolved next time.

Another issue that has been largely resolved, I think, is that EROs themselves were very worried about the resources that were being devoted to this. We have had progress in two regards here. The Government have told them what resources they are going to get, and have also said that they are prepared to consider a request for more resources in cases where there are particular difficulties in given areas. Nobody is dancing on the rooftops about this, but it is clearly good progress, and EROs are less unhappy than they were.

However, there is a particular problem, which we need to go on worrying about, with the universities. I will cite one case. There is a ward in Lancaster, I am told, which is nearly always all student-inhabited and where registration is around the 10% mark at the moment. In Sheffield, which has several universities, the universities themselves are putting resources into campaigning to get a fuller register. That is not really what university money is for: it should come from the budget provided for IER. I would welcome any reassurances that are forthcoming on those issues—particularly the university point, which is a chilling worry. Whether the Lib Dems worry about it in quite the way they used to, I do not know. They used to rely considerably on the student vote, but of course that may not be so certain at the next election. The Minister, is, of course, perfectly placed to give both a party as well as a ministerial opinion.

The one thing that is not resolved is an IT issue. The Government are quite frank about this in the memoranda: we do not yet know whether the IT to do the verification matching will work. We do not expect to know that until February or March, when it has been properly trialled. If it does not work, it will cause serious difficulties at least for the scheme—and maybe more than that. The probability is that it will work, by the way, but we ought to think about contingency planning if it does not. There is a particular problem—which came out in the Minister’s remark—about postal voters, because unless they are individually registered, they cannot vote at all. There is no way around that, so postal voters could lose their vote if this does not work—and even those moving shortly before the election might find it difficult, if this does not work, to exercise their vote. This is of concern to the Electoral Commission, as I am sure it is to the Government.

I do not want or expect the Government to delay making the announcement that they intend to go ahead until they are certain that these things work. If you do not take any risks in life, you tend not to make much progress. However, my father used to say to me when I was a young man, “David, always leave room for the big back-out”. I think he had girls in mind, rather than electoral registration at the time—but I think that, on this, Ministers ought to leave room for the big back-out. That is to say, if it turns out that this IT simply does not work—and my expectation is that it will—they will have to be in a position where they can find the words that they have used to show that they were concerned about this issue. If that means that fundamental decisions have to be reviewed, and I do not expect that to happen, they should stand ready to do that.

The Government have taken a pragmatic approach to electoral registration—with the full support of my party and, indeed, politicians of all parties—because individual electoral registration is clearly something that we should have in this country, as most other countries with genuine democratic systems have it. These questions are in no way designed to show any opposition to it, but simply to say that we must double bank and make sure that we have every step along the way working, so that it will go smoothly, with a high number of people on the register.

[Lord Roberts of Llandudno (LD)]

My Lords, I am sorry that those who usually lead on these issues for the Liberal Democrats—my noble friends Lord Tyler and Lord Rennard—are not with us this afternoon. I will step in where angels fear to tread.

First, as Liberal Democrats, we are glad that registration is now compulsory, not voluntary, as was suggested in the beginning. That would have led to very different registration levels in various constituencies. Secondly, we have waited a long time for this: the Electoral Commission recommended the change to individual registration in 2003. A decade later, we are bringing this regulation into being.

Thirdly, we need to look again at the format of the registration forms. I declare an interest as president of Bite the Ballot, the youth movement to encourage young people to take part in the electoral process and influence manifesto commitments. Perhaps the Government will look at the form. We are replacing the 400 different forms that were used in various constituencies and electoral areas with one form. It will be a national form, which is used in every constituency. Of course, in Wales it will be bilingual. Even in Scotland we will have the element of the language up there.

The civil penalty for not registering comes in an accompanying letter. I get lots of correspondence—we all do—and we might look at the report we are sent, but we put the accompanying letter to one side. Can we not have the penalty note on the form itself, saying that if people do not register there is the possibility of a penalty? In addition, can the second and third forms be distinguishable, so that they look different—perhaps printed in a different colour—so that people know that this is not the original form but the second or third form?

On postal voting, what do the Government believe is the ideal moment to send out postal votes in the UK? Over the years, with the late Lord Garden, who of course was a distinguished military person, I tried to ensure that those who were on military service in places such as Afghanistan—this has been mentioned already—were able to receive their postal vote forms in sufficient time to enable those votes to be completed, returned and included in the count. It is difficult. I remember we had quite a debate on it when the Labour Government were in post. Is there some way we can ensure that those who are ready to sacrifice their lives for us will at least have the opportunity of casting a vote, wherever they are? That is very important.

The regulations are acceptable, I am sure, but other initiatives are not here—of course, we would say that—such as engaging young people to register and take part in political debate. I go back to the Bite the Ballot proposals for a national registration day—5 February 2014—in every area; I think the superstores and the large shops are going to have tables where people can register, and young people in particular will be able to register. Will the Government support this Bite the Ballot initiative? What steps are being taken at a local, constituency level to ensure that every support possible is provided to make National Voter Registration Day a success? We dream of half a million new, young voters on that day. Support will be essential to ensure that that happens.