Electoral System (Electoral Registration and Administration Act 2013 Committee Report)

Lord True Excerpts

Friday 11th March 2022 Lords Chamber

[The Minister of State, Cabinet Office (Lord True) (Con)]

I thank all noble Lords who have spoken in the debate. Before I forget, I should take up a point made by the noble Lord opposite—about whom I would reciprocate his kind personal remarks—on the Elections Bill, which is obviously not the business directly before us. Of course, as I have said on that Bill, my intention is to meet and listen to as many people as I can. That process is ongoing. Indeed, after this debate I fear that I am not going for a plate of bangers and mash; I am having a meeting with four noble Lords on issues of concern to them soon after 1 pm, so I had better not speak for too long. I give that commitment to the noble Lord and, through him, to the rest of the House.

I also endorse the remarks made by so many about our former well-loved colleague and friend, Lord Shutt of Greetland. I think I said soon after his death that it had been a privilege to have him as my Deputy Chief Whip, as a matter of fact, in the coalition days. I have to confess, not always having stood at this Dispatch Box, that I was occasionally a little bit rebellious; I saw that he had an extraordinary and unforgettable charm and manner, but, yes, he could be direct on occasion—I will confirm that.

I also thank the noble Baroness, Lady Suttie, for bringing this debate forward. As I so often do, I agree with the remarks of the noble Viscount, Lord Stansgate: it would have been desirable if we could have had this debate before the Elections Bill. I will stand corrected, but I was certainly lined up to respond to a debate on the report, which I think was deferred because of the first emergency debate on Ukraine. So, it was neither the Government’s intention nor the intention of those around the House that this should have happened, but I take his point. It is a frankly pretty minor—but important for this House—outcome of the ghastly war in Ukraine. I also thank those speakers who served on the committee. It was an important and thoughtful committee, and I think the Government gave a full response to it.

Obviously, I have listened very carefully to everything that has been said in the debate. As noble Lords will know, these matters are no longer a responsibility of my department but the responsibility of DLUHC. That does not mean that I can shuffle off the duty of responding to your Lordships’ House on the matter here; people who stand at this Dispatch Box answer for the whole Government. But in answer to the noble Lord, Lord Campbell-Savours, if I cannot answer some of the many specific points raised, I will personally ensure that the answers are given, and I will refer everything raised in this debate to my colleagues.

We agree with everybody who has spoken that our country’s election and electoral registration systems must be modern and fit for purpose. As expectations of what represents a modern and inclusive democracy evolve—perhaps not as far or as fast as the noble Lord, Lord Desai, would like—so must the systems that underpin it. While I accept that getting to a consolidation Bill is an ideal, that does not mean that one must, if you like, give up the duty of dealing with some of the things that are before us. I am not necessarily going to refer to things about the Elections Bill that we are going to disagree on, but there are things such as the novel challenges of digital imprints or postal votes and potential fraud there. These are things that I think the whole House would agree should be addressed.

Indeed, it was in seeking modernisation that we had the introduction of individual electoral registration, a major change brought about by the coalition Government in 2013. That was an important milestone for our democracy. We believe it better serves the needs of electors and more effectively supports EROs in their critical role. I agree with all those who have praised EROs and shown understanding for the pressures on them. They are truly remarkable—I speak as a former local authority leader—in their critical role of administering our electoral registers.

The Government provided a full response to the committee’s report, but I will try to add a little on some of the points raised if I can. The Government have made a number of significant advances, such as the register to vote website, which has revolutionised the ability of electors to participate. We have continued to refine and adjust the way that the digital system has worked to improve the security of the system, increase resilience to any service outages and enhance the speed of uploads and downloads. These adjustments have made the digital system more user-friendly. It is very widely used and that is gratifying.

Ensuring that our electoral system is secure, fair, modern and transparent has been a consistent aim of this Government. That was a key commitment in our 2019 manifesto and some of the material in the Elections Bill follows from that commitment. We are delivering on commitments which, as the noble Lord opposite said, not everybody agrees with, such as removing what we believe is the arbitrary time limit on overseas electors’ voting rights and delivering important integrity measures.

I can assure noble Lords that this will be done in a thoughtful and thorough way. We have sought to consult widely on the measures and will work closely with those involved in the conduct of elections as we develop detailed processes and prepare for implementation. A lot of specific instances have been raised. In answer to the noble Lord, Lord Mann—this will no doubt come in the reply—I do not believe it is acceptable or accepted for political tellers to go inside polling stations. I have told alongside some pretty pushy tellers, I can tell you, from other parties that I will not name. As tellers, they should not go into polling stations.

This is one of the many challenges that our outstanding teams of people involved in the conduct of elections have to confront. They show extraordinary dedication. It is important to put the last couple of years in context. Many who spoke referred to the Covid events. The elections and electoral registration systems have experienced huge challenges in response to the pandemic. The fact that the local elections last year went as smoothly as they did was by no means guaranteed—consideration was given to deferring them. It required herculean efforts from hundreds of electoral administration officers and staff up and down the country to make that work and we all thank them.

To continue responding to the points that were made, of course resources are important, and a number of people have understandably raised that issue. Obviously, this is a matter for the Secretary of State, DLUHC and the Chancellor going forward, but we accept that effectively delivered reforms must be properly resourced. We believe that that has been the case. The new burdens doctrine requires all government departments to justify why new duties should be placed on local authorities and to explain where the money should come from. Certainly in the case of individual electoral registration, the Government committed to fully funding EROs for that new system.

When it was the body responsible, the Cabinet Office provided funding through two mechanisms: the initial allocation early in the financial year, and the justification-led bid towards the end of the financial year. This provided EROs with almost £8 million of funding between 2015 and 2020. Indeed, local authorities have had the costs associated with IER met by more than £100 million. So there is a track record there, but we hear what the Select Committee and noble Lords have said on this subject and do understand that elections should be properly funded. Issues can arise with unscheduled polls and so on at different times of the year, and the Government have agreed to consider relevant payments in appropriate cases.

A lot of noble Lords referred to voter identification; the noble Lord, Lord Campbell-Savours, did so mildly fiercely, if there is such a concept, when he opened this issue up. The reality is that one of the Government’s key objectives is to make our electoral registration system more secure. Photographic voter identification is used across the world, including in most European countries. It is not even a novel concept here in the United Kingdom because, as noble Lords know, to vote in Northern Ireland, people have had to show identification since 1985 and photo identification since 2003, when it was introduced by the last Labour Government. People say that this will lead to lower turnout but, in the first election after the introduction of photographic ID, the percentage turnout in Northern Ireland was higher than in England, Scotland or Wales. It has helped to prevent election fraud and maintain confidence in democracy. We have drawn from this experience and the successful pilots done in a variety of local authorities, and we are working with the electoral sector on plans for implementation. We believe that those proposals should go ahead; no doubt we will have extensive engagement on this subject in and outside the Chamber during our debates on the Elections Bill.

Comprehensive, targeted communications and guidance by the Electoral Commission will raise awareness of voter identification. We have worked, and will continue to work, with charities, civil society organisations and others across the UK to ensure that voter identification works for all voters and that all groups are aware of the new requirements. I repeat: we are committed to ensuring that local authorities have the necessary resources to deliver our elections robustly and securely. An impact assessment was published alongside the Elections Bill and the Government will meet the costs of the new burdens that flow from the implementation of the Bill’s policy, in line with long-standing government approaches.

Some noble Lords expressed concern about the potential impact of this measure on turnout, particularly among underrepresented groups. I share the view of all those who have spoken that increasing participation is vital. Cabinet Office research shows that 98% of electors already own a photographic document, in-date or expired, that would be accepted under the Bill’s proposals. The suggestion that thousands of young people or people from ethnic minorities will not be able to vote is not supported by the evidence. Indeed, our research shows that 99% of those aged 18 to 29 and 99% of people from ethnic minorities own an accepted form of identification.

I will not follow the noble Lord, Lord Mann, or those who put the opposite view on what effect this change might have, but the fundamental intent of the Government is that everyone eligible to vote will continue to have the opportunity to do so. That is why a broad range of documents will be accepted, including those which are no longer current.

The system did not negatively impact on participation in Northern Ireland. Research by the Electoral Commission found that, in Northern Ireland, 100% of respondents had experienced no difficulty with presenting photo identification at polling stations. More voters in Northern Ireland said that it was easy to participate in elections as compared to the rest of Great Britain.

The noble Lord, Lord Desai, gave us some interesting suggestions on modernisation and, as always, I listened carefully to his speech. We have modernised in many ways. Since June 2014, over three-quarters—78.3%—of applications have been made online via the Government’s Register To Vote website, and over 15 million applications to register have come from those under 25. That is very welcome. It is testament to how easy the Government have made it to apply to register. It takes as little as five minutes on a PC, smartphone or tablet. Indeed, the user satisfaction rate with the online service is regularly over 90%.

The effect of online registration has been transformative. For the 2019 general election, 91.7% of the 3.85 million applications submitted between the day that the poll was announced and the registration deadline were made online. I understand what my noble friend Lord Hayward and other noble Lords have said about the potential impacts on electoral registration activities, but we are making progress in that area.

As the noble Baroness, Lady Suttie, said in opening, the committee was right to emphasise the importance of the completeness and accuracy of the register. That lies primarily with EROs, but the Government will continue to support them in this, not only through IER but with reforms which were generally welcomed in the annual canvass. Previously the annual canvass process was widely recognised to be outdated, cumbersome and expensive. It was also paper-based, requiring electoral administrators to chase non-respondents with multiple letters and home visits. We have streamlined its operation to improve efficiency, meaning that EROs can now focus their efforts on hard-to-reach groups, which we all agree is very important.

In 2021, the Government published a report on the first year of the operation of the reformed canvass. This evaluation gives an overview of changes in satisfaction compared with the pre-reform canvass. The findings show that reform has reduced the electoral administrators’ workload, allowing them to run the canvass, despite Covid restrictions.

Many noble Lords referred to the hugely important issue of underregistered groups. The Government continue to work extensively with organisations that represent underregistered groups to develop solutions which ensure that as many people as possible can have their say at the ballot box.

One example is anonymous registration. Previously, the range of professionals who could act as a qualifying officer and provide an attestation was limited at best. Reforms have now extended very widely the range of people who can provide an attestation, including police inspectors, medical practitioners, nurses, midwives, and refuge managers, who may be dealing with those under domestic violence and female genital mutilation protection orders. All this is designed to help people—such as survivors of domestic abuse, for example—to register anonymously. The Electoral Commission has worked with Women’s Aid to produce guidance for refuge managers.

We are working to increase youth participation through initiatives such as the Student Electoral Registration Condition. The Government are working with higher education providers, and I agree with the noble Baroness, Lady Blower, that this strand of education is important.

I am sorry that the noble Lord, Lord Rennard, was a little underwhelmed, but I did respond to his pleas to get something put on the form on the issue of the national insurance number. It might not be as good or as big as he would have liked, but we have made some progress. I will take his comments back to colleagues.

The noble Baroness, Lady Brinton, raised the important issue of Roma and Traveller people. Anyone without a fixed or permanent address can register by means of a declaration of local connection, though not yet online. I will ensure that colleagues are aware of her points.

I was asked about duplication and duplicate applications; I will not go on to whether it is appropriate to register in two local authority areas. We are seeking to help EROs reduce the burden of potential duplicate applications. In February 2021 we implemented a new feature on the IER digital service, which identifies where an application is made that matches one previously submitted within the past 14 days. Believe it or not, some people forget that they have registered. This feature has been carefully user-tested to ensure that those who wish to resubmit can do so, but those who seek reassurance that their original application is being processed are given that reassurance without resubmitting. The initial metrics show that in 2021 it successfully deterred almost 20,000 unnecessary duplicate applications— 80% of the duplicates that were detected and flagged to the user. I assure the noble Lord that we are taking further steps in this area.

I will have to come to a conclusion. I say candidly that the Government simply disagree on the issue of automatic registration. There are amendments to the Elections Bill on this, and I anticipate a specific debate on the subject. We believe that automatic registration could lead, among other things, to less accurate electoral registers, especially if people have moved recently. I look forward to having a longer debate on that subject. I do not know on what day of the Elections Bill it is, but I think it is coming up pretty soon. In response to this report, I should not repeat at length what I will have to say in Committee on the Elections Bill, but I regret to tell those who would like to see it that the Government do not support this proposition.

In conclusion, I again thank the noble Baroness, Lady Suttie, for calling this debate in the absence of the late lamented, great Lord Shutt. It is an important, well thought-through and compelling report, and we welcomed it. We will continue to reflect on the recommendations and on all the very important and interesting contributions made in this debate. I will ensure that a full response to points that I have not been able to take up in this wind-up is set out in a letter placed in the Library, and that those who have participated are directly informed.

I end where I started. My door remains open to any noble Lord who wants to join with the Government in modernising and securing our elections in the context of the Elections Bill. In that spirit of co-operation, I conclude my remarks with many thanks, again, to the noble Baroness.