Parliamentary Voting System and Constituencies Bill

Lord Wallace of Tankerness Excerpts

Monday 10th January 2011 Lords Chamber

[Baroness Liddell of Coatdyke]

My Lords, I promise the noble and learned Lord, Lord Wallace of Tankerness, that I will genuinely be brief. I had not intended intervening in this debate, but it occurred to me as I was listening that if, for some bizarre reason, BBC Parliament and Radio 1 got confused and Radio 1 listeners had to listen to the nature of the debate we have had tonight, they would assume that this House had been overtaken by Martians because we are talking geek language. We are geeks, and we live the language of electoral registers and the necessity to get people involved in the democratic process.

But if we take it right back to basics, we have to be honest on all sides of this House that the craft of politics is held in very low regard in this country at the present time. We have an opportunity with this amendment to go some little way towards trying to restore that. This should not be a partisan point. Those of us interested in democracy and in the constitution of this country do so from the best possible motives. The way in which the Bill is crafted reads as if the lowest common denominator would be acceptable; that is, to get a register regardless of how accurate that register is.

If we are to make a breakthrough particularly with young people, disadvantaged people and those who feel that they are outside the system, if they turn up at a polling place and find that they are not on that register, we will have undone all the work that all of us in this House want to see done to re-engage people with the craft of politics. I urge the noble and learned Lord, Lord Wallace of Tankerness—I know that his freedom of manoeuvre is limited—at least to say that he will look at these issues and the very important points that my noble and learned friend Lord Falconer made in his introductory remarks. The fact that a complete review has to be made of every constituency in this country is a measure of the scale of what is involved here. If the coalition Government were prepared to look at that, I am sure that we could together work to find a way that would help to reassure people that at least the lowest common denominator is not acceptable.

[The Advocate-General for Scotland (Lord Wallace of Tankerness)]

My Lords, I thank the noble and learned Lord, Lord Falconer of Thoroton, for this amendment, which has given us an opportunity to raise the two issues—the double barrels, as the noble Lord, Lord Foulkes of Cumnock, referred to it—of the timetable for the boundary review and the very important issue of trying to ensure that the electoral register is as accurate as it can be. In the spirit of the comments from the noble Baroness, Lady Liddell, and the noble Lords, Lord Lipsey and Lord Foulkes, I want to make it clear that this should not be a partisan issue with regard to trying to ensure that as many people who are eligible to register do register.

Perhaps I should also say at the outset, if it keeps the noble Lord, Lord Soley, happy, that I have not asked any of my colleagues not to speak. I know full well what their reaction would be if I tried to do so. Maybe he will interpret my not asking them not to speak as being to encourage them—I hope noble Lords follow me.

[Lord Soley]

I want it to be clear that no one on the government payroll has asked Members not to speak because of the time that it takes.

[Lord Wallace of Tankerness]

I think that I have made it clear that I have not asked any of my colleagues not to speak. I am not quite sure that I could make it any clearer than that.

With regard to the timetable, the indication we have given is that we wish the changes in Part 2 to be in effect for the election due to take place in May 2015. One could say that that is dependent on the Fixed-term Parliaments Bill, but in any event, even under our present constitutional arrangements for the timing of elections, the latest date would be May 2015. It is the wish of the Government that constituency sizes should be of an equal size in time for that election. That is why we are asking the Boundary Commissions to bring forward their reports by October 2013. That would give time between the reports—one for each constituent nation of the United Kingdom—being published and an opportunity for the parties, the importance of which I think someone mentioned, to gear up, as it were, to what will be different boundaries.

With regard to the issue that I think was raised by the noble Lord, Lord Howarth, and the noble and learned Lord, Lord Falconer, about whether this is feasible, my noble friend Lord Phillips quoted from the Constitution Committee report where the Boundary Commission had indicated that it would be feasible. In giving evidence to the committee in another place, the secretary of the Boundary Commission for Wales said:

“I don’t think the timescales for Wales are going to be too challenging”.

The question was then directed to the secretary of the Boundary Commission for England, which is obviously much larger. He said:

“Taking a potential worst case scenario, based upon what is in the Bill in front of us, the initial view of myself and the Commission is that the timetable is achievable”.

The noble and learned Lord went on to ask why not do this in two and a half years every time, and why institute five-yearly reviews after that? The reason is that a five-yearly review would mean that there would be a boundary review in each Parliament. If he thinks about it, with a two and a half year or three-year review, you could have two reviews within one Parliament and a boundary review producing constituencies for an election that would not take place. I am sure he agrees that that would be farcical. That is the reason for the five-yearly review, and later we will debate other amendments regarding seven and eight year reviews. As was noted by the noble Lord, Lord McAvoy, the second part of the amendment has a six-yearly review. We believe that a review every five years would mean that in each Parliament, if the Fixed-term Parliaments Bill goes through, there is less likely to be disruption. The more frequent the reviews, the less the opportunity for wide divergence and therefore the less would be the likelihood of disruption.

[Lord Falconer of Thoroton]

I wish to intervene very briefly on the quotations used by the noble and learned Lord from the secretaries of the Boundary Commissions for England, Scotland, Wales and Northern Ireland, when they gave evidence to the Political and Constitutional Reform Committee of the other place. The note I have confirms that the secretary of the Boundary Commission for England said that the timetable was “achievable but tight” and that,

“extra resources would certainly be needed”.

I do not know what date it is assumed that the process would start and what extra resources would be provided.

[Lord Wallace of Tankerness]

I am not making any presumption about the date it will start because it would depend on Royal Assent, and therefore I am not going to speculate on when that might be. I know that the noble and learned Lord has a later amendment regarding resources, tabled for the avoidance of doubt. When we come to it, he will see that it is not necessary because as the Bill stands, the resources ought to be there to be drawn on for the purposes of this review. If he thinks about it, given all the comments made by noble Lords opposite about the Government wishing to get this piece of legislation through, they are hardly likely to wish then to frustrate it through lack of resources. That is perhaps self-evident. We will have a better opportunity to discuss the level of resources when we come to that particular amendment, but I would assure him that we do not anticipate that the issue of resources will be a barrier to the timetable being delivered.

Perhaps we may move on to the other barrel of the amendment, which would have the effect of delaying the boundary reviews until such time as,

“the Electoral Commission has certified that every local authority has taken all reasonable steps to ensure that the electoral register is as complete and accurate as possible”.

That is quite a steep requirement. My noble friend Lord Tyler questioned whether it would be appropriate for the Electoral Commission to make subjective judgments in cases that could have major consequences for a boundary review, and the noble Lord, Lord Campbell-Savours, raised some of the practical difficulties that again were picked up in an exchange with my noble friend Lord Tyler. I would simply observe that if the Electoral Commission decided that, in its judgment, one local authority in the whole of the United Kingdom had not done this, a boundary review could be put off indefinitely. It certainly would not be in time for the 2015 election, it might not be in time for the 2020 election, and it might not even be in time for the 2025 election. That is the possible logical consequence of the amendment put forward by the noble and learned Lord.

If there was a problem with a boundary review where the baseline for the review would be 1 December 2010, if we held elections in 2020 or 2025 where the boundaries for England were based on a baseline of data from the year 2000, that really does not address the very legitimate issues he has raised with regard to people who might be eligible to vote but might not be on the electoral roll.

[Lord Campbell-Savours]

Does the Minister really think that it is fair to draw boundaries in the inner cities on the basis of electoral registration figures that have been damaged by the fact that a whole canvass was not possible? Surely that full canvass has to be completed and maximum registration achieved before we can even begin to consider redrawing the boundaries. By not agreeing with me, the Minister is conceding, in the case of the argument about violence, that violence in many ways pays.

[Lord Wallace of Tankerness]

I am only indicating that it could be a circumstance in which the Electoral Commission may take that view. All the problems that the noble Lord, Lord Campbell-Savours, identified may well have been addressed, but there may be a recalcitrant council somewhere in the country which, for one reason or another, has not done that.

I remind the Committee that electoral registration officers are under a statutory duty to compile and maintain comprehensive and accurate electoral registers. It is not as if it is a voluntary activity; there is an obligation on local authorities to compile as best they can comprehensive and accurate electoral registers. As was commented on earlier, the Electoral Commission’s report on performance standards for electoral registration officers in Great Britain, published in March, showed that just under 96 per cent of electoral registration officers met the completeness and accuracy of electoral registration records standard this year.

I salute what Glasgow has done—the noble Lord, Lord McAvoy, mentioned this—and that should be the model. It is important that we have as accurate and comprehensive registers as possible. It is worth reminding the Committee that another report of the Electoral Commission, The Completeness and Accuracy of Electoral Registers in Great Britain, also published in March, stated that the UK’s registration rate of 91 to 92 per cent compared well with other countries. I am sure that that touches on the question of notional registration, which I am sure we will debate further when we come to Amendment 89C—I am grateful to the noble Lord, Lord Foulkes, for advance notice of it. The 91 to 92 per cent figure for completeness is derived from the 2000 census, but it is an approximate measure. It could not form the basis of a boundary review as it does not provide sufficiently robust data to give confidence for something such as a boundary review. However, I take the noble Lord’s point and I shall carefully look at his amendment before we come to debate it.

[Lord Howarth of Newport]

Is the noble and learned Lord saying that this reforming Government are really satisfied that the present condition of electoral registers will do, that they are as complete and accurate as they need to be, and that it is therefore perfectly acceptable to go ahead with the boundary reforms on the timescale that is written into the Bill? Is he really saying that we can be complacent and be satisfied with the state of affairs that we have at the moment, particularly in the light of what my noble friend said about Bradford?

[Lord Wallace of Tankerness]

I am rather disappointed because I have tried my best to listen to what noble Lords have said, and I rather regret that the noble Lord, Lord Howarth, did not listen to me at the very outset when I said that I hoped that there was common ground in our not being satisfied that people who are eligible to be on the electoral roll are not. That should concern noble Lords in all parts of the Chamber. I apologise if I did not make that clear enough to the noble Lord.

[Lord Howarth of Newport]

Is the Minister saying that he is happy for the legislation to proceed on the basis of the present condition of electoral registers?

[Lord Wallace of Tankerness]

I am saying that I do not believe that it is an either/or. The noble Lord, Lord McAvoy, mentioned the previous Labour Government. I think it is fair to say that 3.5 million people have not suddenly disappeared from the electoral register since 5 May 2010. Indeed, the figures which the noble Lord, Lord McAvoy, gave related to mid-2008. It is a problem that occurred under the previous Administration; it is a problem which we must address. It is not as if we are sitting back; we are being far from complacent. The noble Lord, Lord Soley, said that there should be some leadership. I indicate to him and to the Committee that a pilot will be launched for local authorities to compare the electoral register against public databases to identify people who are not currently on the register.

There are other things, such as the door-to-door canvass, which has been referred to, and the importance of going back to contact people who have not responded, which there is an obligation to do. It is important that councils use their own data, such as council tax data. Some do and I understand that some do not, but it is important that they use that data. There ought to be other data. We are looking at using public databases to identify people not currently on the register—for example, the national insurance and DVLA databases. Those are the pilots that we want to set up.

[Lord Maxton]

I am delighted to hear the noble and learned Lord say that, because we have to use all the public databases available to us to ensure that we have an accurate register. We should start with a register and then check off its accuracy rather than the other way around. Could school records be included? That is one source where you know that someone leaves school at the age of 16 and you know where they live. Would it be possible to use those data for the electoral register?

[Lord Wallace of Tankerness]

I hesitate because I do not want to say anything definite if there are data protection problems, but that is a positive suggestion and one that I will no doubt look at to see if it can be done. The noble Lord is absolutely right. It is one possible way and if it can legitimately be done I am sure that it will help. The pilots will be tried later this year. The precise locations have yet to be confirmed, but a report will be published by the Electoral Commission towards the end of the year. When pilots have been run, it will be possible to broaden the scope.

This is not an either/or. It is important that we do this. However, if we were to proceed with the amendment, not only is it possible that one or two councils would not be certified by the Electoral Commission before the 2025 election, but even on the basis of the 2015 election we would still be using data for England that would be 15 years old. If there are 3.5 million people missing, I suspect that the data for 2000 are even more damaging. There is a difference between the data that are used for calculating the numbers for the constituencies and the important objective year in, year out to make sure that the electoral roll is as up to date as possible and that people are on it who ought to be on it.

[Baroness McDonagh]

I thank the Minister for his comments. I certainly appreciate some of the things that he is looking at. However, to return to the point about evaluation of the registration system used by the Government, is he aware that this is self-assessment and that there is no independent validation of the system that the Electoral Commission uses? Will he look at an independent validation of the system?

[Lord Wallace of Tankerness]

I hesitate because I am not entirely sure that I fully understand what the noble Baroness is asking me to do. I am sure that it is one of the things that I can look at in the record.

[Baroness McDonagh]

My point is that the figure that the noble and learned Lord is using of 96 per cent validation that the register has been compiled to the best of the person’s ability is completed by the person operating the system. They are the ones who sign a form to say that the work has been done adequately. There is no independent validation of the electoral registration system in this country. As part of the process that he is looking at in terms of data and so on, will he look at whether it is possible to have an independent validation of the system that is operated, as happens in most other government agencies?

[Lord Wallace of Tankerness]

There are two points there. The first is that the figure that we have been using of 96 per cent comes from a report published by the Electoral Commission. It was not published by the Government. That is a matter that will need to be taken up with the Electoral Commission. The point that the noble Baroness has made will be drawn to the Electoral Commission’s attention. The second point underlines that it is not necessarily the wisest move to say that the Electoral Commission then has to make a subjective judgment as to whether the terms and conditions of the certification that is inherent in this amendment are met.

[Lord Campbell-Savours]

Following what my noble friend said, why can there not be a random selection, a pilot project, to check whether the statistics to which my noble friend referred are accurate? It might well be that local authorities are not submitting particularly accurate returns. I presume that these figures from local authorities come from electoral registration departments. They could maybe take a dozen local authorities in various parts of this country and check whether that is the case. Secondly, when the Minister referred to the pilot projects before, is it true that the pilots, and the registration levels that arise as a result, will not influence the statistics that are to be used by the Boundary Commission in its review?

[Lord Wallace of Tankerness]

The first point is, as I have indicated, a matter for the Electoral Commission. At least two noble Lords in this debate—the noble Lord, Lord Soley, and my noble friend Lord Tyler—have identified themselves as advisers to the Electoral Commission. These points will have been noted.

As I confirmed in a debate before the Christmas Recess, the base for this boundary review was this 1 December past and the next one will be 1 December 2015, if this Bill goes through in full. That is more likely to be able to take account of the information from these pilots, and, I hope, broaden that out. I understand that there are issues on the Benches opposite about individual registration. It is more likely that these will be taken into account quicker than were we to wait for the day when certification comes from the Electoral Commission, as is proposed in the noble and learned Lord’s amendment. I therefore invite the noble and learned Lord to withdraw his amendment.

[Lord Falconer of Thoroton]

I am grateful for the trouble that the noble and learned Lord, Lord Wallace of Tankerness, has taken here. As he rightly says, there are two bits to this. The first part of my amendment questions the proposition that you could effectively complete a review of every constituency in this country by October 2013, which is what the Bill proposes, when there is agreement across the House that hitherto it has taken between six and seven years to complete such a review. I was looking for the reasons why that which hitherto has taken six to seven years can be dealt with between the date upon which this Bill gets Royal Assent—a date we know not but assume is some time in the next few months—and October 2013.

The evidence that the noble and learned Lord relied on was that the secretaries of the Boundary Commissions had said to the Political and Constitutional Committee that they think it can be done but—he might have disputed this—that the timetable would be tight. How will it be done? I do not know and it strikes me, from my knowledge of the way that such bodies operate, that to manage a much more complicated and difficult review than they have ever done before—it will touch every single constituency in the country—sounds unrealistic. I do not in any way criticise the noble and learned Lord for his answer but it did not really offer an explanation to me that provided any consistency on how this marvellous process could be done so much more quickly.

The second point is that we should really make efforts to ensure that people who are not registered are registered. The noble and learned Lord made the quite valid point that surely not every single local authority has to comply. Maybe we should have some rule or process that says “substantially all” local authorities should comply, but that was his only point. I am willing to be guided by him: he might produce some proposal if he thinks mine is too draconian. Let us give more room for manoeuvre. Every single person who has spoken in the debate has said that we should do something about under-registration. If our idea was too draconian, I would have expected the noble and learned Lord to have come forward with some idea about how we would achieve that which appears to be an aim shared by all Members of the Committee.

I thank the noble and learned Lord for taking the trouble to respond in the way that he did, but I have to say that his reply was disappointing. Of course I will not ask the Committee to divide at this time of night, but I will certainly come back on Report with an amendment to deal with the unrealistic timetable for the first review and to propose how one might deal with the issue of under-registration. I beg leave to withdraw the amendment.