Parliamentary Voting System and Constituencies Bill

Lord Wallace of Tankerness Excerpts

Wednesday 12th January 2011 Lords Chamber

[Lord Bach]

My Lords, all three amendments that we have been discussing—the amendment that has been moved and the other two, Amendments 56 and 56A, which have been spoken to—are important. A great deal of important information has emerged as a consequence of the speeches made. I certainly do not intend to repeat those arguments, but I want to make a few short points.

First, all three amendments propose a delay to the submission of the reports of the first boundary review to be held under the new rules. From the Front Bench, we agree with that principle. I remind the Committee that on Monday we debated Amendment 54A, which also called for a delay—it was an important debate—but more implicitly than explicitly, as these amendments clearly do. We called for a delay in the boundary review process, first, until the electoral register is accurate and up to date. If I may say so, the compliment that my noble friend Lord Campbell-Savours paid to my noble friend Lord Wills for his work over many years in this field is well merited. It is important that the Government listen carefully to what my noble friend Lord Wills and others say about the nature of the register and how important it is to get the data right before embarking on some sort of brave new world.

It is also key that the Boundary Commission should be given sufficient time to complete the very large task that it will undoubtedly face. This argument has been made by a number of noble Lords. In evidence to the Political and Constitutional Reform Committee of the other place, the secretaries of the Boundary Commissions for England, Scotland, Wales and Northern Ireland confirmed that the timetable was achievable, but tight, and that extra resources would certainly be needed—I believe that this point, too, was spoken to on Monday. Who knows whether they are being optimistic or realistic? Obviously it is their best guess. However, by any standards, the changes envisaged in Part 2 of the Bill are substantial. Surely it must and will take time for the various Boundary Commissions to propose a new set of constituencies. Our view, which I think is common sense, is that 1 October 2013 is too tight a timetable. That is the case, simply put, and it deserves an answer from the Minister. Why does the Boundary Commission have to report by 1 October 2013? Why not make sure that it has plenty of time to produce reports that will stand the test of time?

We have heard today about public inquiries and no doubt we will have debates on the matter. From my own experience, and more importantly from that of noble Lords who have spoken today about public inquiries, I say that their value is absolutely undoubted. They may be frustrating in terms of time, but their value in making sure that parliamentary boundaries are sensible and can last has been shown time and again. We have heard this from various ex-Members of Parliament who have spoken. I speak as a non-ex-Member of Parliament who has appeared at many boundary inquiries in different parts of the country, sometimes with success and sometimes, I confess, with a substantial lack of it. However, nearly always, following the public inquiry, the decision made by the Boundary Commission, in whoever’s interest, is better than it was before the public inquiry. This issue is of fundamental importance to the Bill and we will return to it at the proper time. It is one of the most powerful parts of the argument that has been made in favour of these three amendments.

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

My Lords, the Bill would require the Boundary Commission to report by October 2013. The amendment moved by the noble Lord, Lord Lipsey, would change this to October 2015. The amendment in the names of the noble Baroness, Lady McDonagh, and the noble Lord, Lord Snape, would make it October 2016, and Amendment 56A, in the name of the noble Lord, Lord Grocott, would make it October 2017. As I indicated on more than one occasion on Monday, the Government’s approach has been simple: to ensure that constituency boundaries are as up to date as possible. That point is worth repeating. The boundaries in effect in England at the general election fought last May were drawn up based on data that were 10 years old. If the House were to accept any of the amendments, the election in May 2015 would be fought on data that were 15 years old.

I mentioned on Monday, in answer to the noble Lord, Lord Wills, the 3.5 million people who are eligible to vote but who are not on the register. What I cannot fathom—and I have thought about this time and again in case I was missing something—is the point that somehow one does a service to these 3.5 million people by using electoral data from 2000. What service does that do to those who have come on to the electoral register between 2000 and December 2010?

[Lord Wills]

Perhaps I may answer that question. Under legislation, the Electoral Commission is tasked with repairing this grievous fault in our electoral register by 2015. Why can the Government not wait two more years? I understand the frustration and the point that the Minister is making about data being ridiculously out of date. Of course he is right, but why not wait just a few months more for the Electoral Commission, an independent body with new powers, to bring those 3.5 million people on to the register, and then do this comprehensive review?

[Lord Wallace of Tankerness]

I shall answer the noble Lord’s second point directly.

[Baroness McDonagh]

My Lords—

[Lord Wallace of Tankerness]

I am sure that the noble Baroness will allow me to answer the question posed by her noble friend. First, I do not believe that it does any service to those who came on to the register between 2000 and 2010 to ignore them. Secondly, under the Bill, the relevant review date for the Boundary Commission report due in 2018 would be December 2015. I acknowledge the work that was done by the noble Lord when he was a Minister with regard to the rolling register. All the data-matching work that we intend to do in pilots, and to which I referred on Monday, will be available for further review with the relevant review date being in December 2015. It is not as though we are not going to be able to do that. We are also saying that the election in 2015 will be based on electoral data for the whole of the United Kingdom as at December 2010. I find that far more acceptable than basing it on data for England as far back as 2000. I do not see why we should have one general election based on data as old as that.

[Baroness McDonagh]

I thank the Minister for giving way. It is better that we register the 3.5 million people who are not registered because the constituencies are not representative. The important points are that, first, constituencies are largely the same size and, secondly, the people not on the register are those most in need of representation. They tend to be disadvantaged and in inner-city areas. I do not need to go through all the geodemographic issues that pertain to those individual residents but, although they are not on the register, they need, and seek, representation by their Members of Parliament. Those Members of Parliament have to represent constituencies that are in need of a lot of support, and they are larger than other Members’ constituencies, which do not have that level of casework and representation. That is why it is better that those people are on the register.

I have one final point. The people who have come on to the register since 2000 have taken the place of voters who were previously on the register, and they make no difference.

[Lord Wallace of Tankerness]

I cannot accept that they make no difference. I have acknowledged that it is important that we track those 3.5 million people and that they are registered. However, by acknowledging that and indicating that the second review under the rules proposed in the Bill will take account of them, I cannot see why we should ignore those who have come on to the register since 2000. It is rather sad to reflect that since 2000, as the noble Baroness indicated, many people on the register do not need any representation. However, I am not sure why their being on the register should be relevant for the election that is fought on the boundaries in 2015 when we can do better and bring the register up to date. I cannot say, as was suggested by the noble Lord, Lord Davies, that this is somehow a gerrymander. Indeed, in introducing his amendment, the noble Lord, Lord Lipsey, indicated, using independent analysis, that there would be precious little difference between the number of seats lost by the Labour Party and the Conservative Party. That rather undermines the case made on more than one occasion that somehow this is a partisan measure.

I believe it is important that these boundary changes take effect at the next general election, and indeed there will be even fresher boundaries for the election in 2020. We will come on to the periodic frequency of the review, when we will certainly seek to ensure that each election is based on a more up-to-date register than the previous one—something that we have not enjoyed in this country until now. The secretary to the Boundary Commission for England has indicated that this will be a more sizeable task for England. However, as I quoted directly from the report of the Political and Constitutional Reform Select Committee in the other place, he indicated that the commission had sufficient resources and time to complete the review by 2013. He thought that that was achievable. If it is achievable, as the Boundary Commission thinks it is, to fight the next general election in 2015 on boundaries referring to 2010 as the baseline for data and not 2000, that begs the question why we would not do it.

No doubt we will return to the question of inquiries and I am sure that we will have robust exchanges, but it is possible to move forward. It is achievable, as the secretary to the Boundary Commission has indicated, and the next general election should be fought on constituency sizes which are far closer to ensuring one vote, one value, than would be the case if we were to allow yet another five years to elapse before addressing what will increasingly become over the years an even more divergent problem. I therefore ask the noble Lord to withdraw his amendment.

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[Lord Bach]

My Lords, I feel more than usually inadequate to speak in this particular debate, as I think I am the only speaker—it does not matter whether it is the noble Lord, Lord McNally, or the noble and learned Lord, Lord Wallace, who responds—who, much to my regret, has never been a Member of the other place. Much of this interesting and helpful debate has been about the role of Members of the other place. Still, let me do my best.

In our amendment the other day—I cannot blame noble Lords if they have not exactly remembered every single phrase of it—we suggested from the Front Bench that the periodic boundary review should occur no later than every six years. We recognise the concerns that the current rules under which the Boundary Commission carries out its work—namely, eight to 12 years—is perhaps too long. Many argue that the extent to which boundaries have become out of date in the intervening time between the commission reporting and new boundaries applying following a general election is unsatisfactory, and we are tempted to support action to address that. The British Academy report on the Bill has concluded that,

“population movements are considerable over relatively short periods of time”.

We acknowledge that that may even happen within a five-year period. However, there has to be a balance, at the very least, between that consideration and the workability of the task that this Bill in particular is asking of the Boundary Commission. That is how we came up with the figure of not more than six years.

The arguments employed during this debate give us some cause for reflection about whether “not more than six years” is necessarily the right length of time. The powerful arguments made by the noble Lord, Lord Martin of Springburn, and others about the role of Members of Parliament raise significant and real points. I was intrigued by the answer of the noble Lord, Lord Maclennan, to the points that were made. I particularly enjoyed—I say this with the greatest affection—how he talked about boundary changes in his old constituency where, on the borders, there were Liberal, Labour and Conservative seats. I could not help thinking that he had managed to be a member of more than half of those parties, although I would never accuse him of being a Conservative.

More seriously, to have a review every seven years leaves it just a bit too long. The same applies to the other amendment in this group, which suggests eight years rather than seven. We would like—if this is possible for the Opposition—to go back and consider whether our point about six years strikes the right balance. On the Front Bench we have been rather attracted by the arguments that have been employed about how, unless the electorate decide differently, it is important that there is a certain stability for Members of Parliament, if only to encourage people from all walks of life to go for that honour.

[Lord Wallace of Tankerness]

My Lords, these amendments would increase the frequency of reports by the Boundary Commission from the Bill’s proposed every five years to, in the case of the amendment moved by the noble Lord, Lord Lipsey, every seven years and, in the amendment spoken to by the noble Lord, Lord Martin of Springburn, every eight years. I hear what the noble Lord, Lord Bach, had to say. He was in distinguished company, because the amendment was moved by the noble Lord, Lord Lipsey, who was not a Member of Parliament either. I am sure that that was the loss of the House of Commons.

[Lord Bach]

My noble friend was a special adviser, which is more important.

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[Lord Wallace of Tankerness]

It was still the loss of the House of Commons. On the question of six years, five years would, if we are moving to fixed-term Parliaments, allow for regular periodic review. To take up the point made by the noble Lord, Lord Howarth, while the convenience of political parties should not, by any stretch of the imagination, be our overriding concern, political parties do oil the wheels of democracy. What we propose will allow a period of some 18 months, recurring over the fixed term of five years, for local parties to adjust. The Government’s approach has been a simple one: to ensure that constituency boundaries are as up to date as possible.

To respond to the point made by the noble Lord, Lord Campbell-Savours, the Cabinet Office has guidelines on undertaking any kind of consultation, be it legislative or otherwise. They recommend 12 weeks, but that is guidance; it is not binding. It is well known that the provisions of the Bill are set out in the coalition agreement. Any incoming Government, by the very nature of being an incoming Government, are bound to bring forward legislation in their early days that they have not had the opportunity to consult on beforehand. The Government have made it clear that this legislation should make progress, which is why it was introduced early in the Session. The timetable has meant that that did not allow for pre-legislative scrutiny. However, in the previous Parliament the then Government added whole new parts to the CRAG Bill, including AV referendum clauses, without any prior public consultation. The noble Lord, Lord Campbell-Savours, may have complained about that, too; he has a certain consistency. This was indicated in the partnership agreement. It is also fair to point out that before today, the House—at Second Reading and in Committee—had debated and scrutinised the Bill for some forty-seven and a half hours. We cannot be far short of forty-nine and a half hours now. I am sure that there are many more hours of scrutiny to come.

[Lord Campbell-Savours]

Is the Minister saying that, in introducing this highly important constitutional Bill, the Government breached the Cabinet Office code of practice?

[Lord Wallace of Tankerness]

These guidelines are not binding. I am indicating that any Government who come into office immediately after a general election with flagship legislation will, almost by definition, not have had the pre-legislative scrutiny that would otherwise attend legislation. I do not think that it is unreasonable for a Government taking office to pursue their flagship legislation. Why do we propose reviews every five years?

[Lord Campbell-Savours]

My Lords—

[Lord Wallace of Tankerness]

I do not think that there is much more that I can add to that. The noble Lord can ask another question but I am not sure that I can add much more to what I have said.

[Lord Campbell-Savours]

If that is the case, why did the Explanatory Memorandum to the Bill not state the reason why there would not be prior scrutiny of the Bill? The rules stipulate that a reason is to be given for not subjecting a Bill to prior scrutiny.

[Lord Wallace of Tankerness]

It was quite proper that, having indicated a coalition commitment to introducing this legislation and having laid down certain times, the Government should make speedy progress to introduce the Bill. I also believe that it has had more than 40 hours’ consideration in the other place. It has now had approximately forty-nine and a half hours’ consideration in this place with, no doubt, many more hours to come.

The reason why the Government propose reviews every five years is that at present—I think that this has been acknowledged—a review takes place every eight to 12 years. We believe that that leads to boundaries becoming out of date and infrequently refreshed. For example, the movement of electors means that boundaries can get out of date quickly. In 2006, some 59 constituencies were more than 10 per cent larger or smaller than the quota used for the previous review. Three years later, by 2009, the number of constituencies outside that 10 per cent range had almost doubled simply due to the movement of electors. These variations in size make votes unequal. The figures demonstrate how long periods between boundary reviews can exacerbate that imbalance and unfairness.

The noble Lord, Lord Martin of Springburn, graphically illustrated the life and commitment of Members of Parliament and his comments were echoed by many other noble Lords who have been Members of the other place. However, it is fair to say, as my noble friend Lord Maclennan of Rogart indicated, that the underlying purpose of this Bill is primarily to serve the electors, not the elected. By a similar token, I say to the noble Lord, Lord Rooker, that there was no consultation with local government on the use that it made of current parliamentary boundaries. However, I do not think that it is beyond the wit of local authorities to find other boundaries within which to deliver administrative services. The important point is that we look to ensure that the Bill is in the interests of electors and represents one vote, one value.

I listened carefully to what the noble Lord, Lord Gilbert, said. His comments on the utility of boundary reviews displayed a refreshing candour. However, I could not agree with his comment about pulling up the roots every five years. The rules that the Bill sets down for the Boundary Commission state at paragraph 5(1)(d) of Schedule 2 on page 10:

“A Boundary Commission may take into account, if and to such extent as they think fit … the inconvenience attendant on such changes”.

That is disapplied for the first review, which is to take place and report by October 2013, because by its very nature—I think that this has been recognised—when one loses 50 seats the upheaval is bound to be greater. But thereafter the Boundary Commission is able to take into account,

“to such extent as they think fit … the inconvenience attendant on such changes”.

My noble friend made a pertinent point when he indicated that the more frequent and regular the review, the less likely it is that there will be any huge change in constituency size. The figures that I cited show that the longer the interval between reviews, the more the figures diverge, which inevitably leads to greater upheaval when the review actually takes place. Indeed, in evidence to the Committee on Standards in Public Life, Professors Butler and McLean indicated back in 2006 that it was possible to have more frequent reviews without significantly impairing their equity.

[Lord Davies of Stamford]

As far as I know, in 2006 no one had conceived this extraordinary idea that every time you have a review you have to make sure that all the constituency numbers are within 5 per cent of each other. It is surely the addition of that new rule to the five-year boundary review that will cause the inevitable disruption.

[Lord Wallace of Tankerness]

I cannot accept that. If you were to have a longer period, that would lead to greater disruption, but you have to take into account the five-year period and the fact that in reviews after the first one the Boundary Commission has the discretion to take into account any inconveniences attendant on the change, even allowing for the 5 per cent variation. Therefore, I do not believe that it leads to the same degree of upheaval.

I cannot accept the premise that the noble Lords, Lord Howarth and Lord Martin, mentioned that this is somehow a recipe for one-term Members of Parliament. I do not think that that stands up.

[Lord Howarth of Newport]

Even if the Minister is right that five-yearly reviews will not necessarily lead to the major redrawing of boundaries in every case, how can it be good for Parliament if Members of Parliament are continuously distracted by these reviews and feel that they are existing on shifting sands? I do not think that that will help them to do their job better.

[Lord Wallace of Tankerness]

The contributions that we have heard from a number of former Members of Parliament indicate that, notwithstanding what was happening, they continued to apply themselves with considerable and utmost diligence to the task in hand representing the constituents who elected them in the constituency for which they were elected at the previous election. As my noble friend Lord Maclennan said, his constituency was increased by some 25 per cent and he accommodated that. I recall the effort that he made to address the needs of those new constituents. Even under the present system, new boundaries are drawn and come into effect at a general election. Anyone who wishes to see their current MP can readily find out who he or she is if they do not know, and indeed they do so. At an election they will know who the candidates are and will choose how to cast their votes. The two matters are separate for electors. As I indicated, the important principle here is fairness to electors. On that basis, I encourage the noble Lord to withdraw the amendment.

[Lord Lipsey]

My Lords, the noble and learned Lord, Lord Wallace of Tankerness, referred to the length of time that has been devoted to scrutinising the Bill. However, the quality of scrutiny does not depend primarily on the amount of time that it takes but on the willingness of the Government to listen and respond to the arguments that are put to them and, where necessary, to facilitate discussions designed to narrow differences between Members of all parties and none, so that, wherever possible—I accept that in many cases this will not be possible—differences are resolved and the Bill that goes forward is improved. Therefore, I do not suggest that the quality of scrutiny depends primarily on the amount of time involved.

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[Lord Lipsey]

I rise briefly to support my noble and learned friend. His amendment calls attention to something that is implicit in the whole structure of the Bill. It is simply too rigid to be fit for purpose. There is the rigid 5 per cent tolerance, with only two exceptions. However, the real problem is the rigid five-year review timetable. If something gets knocked out of place in this timetable, the whole thing does not work and, as the noble and learned Lord said, one will get boundary reviews with no time for new candidates to be selected for seats. This is not a matter that should be difficult to rectify, and nor should there be much controversy about rectifying it. One simply has to allow the existing Government, when the situation arises, to relax the five-year rule. There is no problem in doing that if the will is there. If it is not, the Government will find that a great many people are cursing, because if there is an early election, as the Fixed-term Parliaments Bill will allow, the whole overrigid structure of the Bill will crumble.

[Lord Wallace of Tankerness]

My Lords, I thank the noble and learned Lord, Lord Falconer of Thoroton, for tabling this amendment. At the outset, I will clarify that I agree with his interpretation of the rules. Perhaps I may put in the caveat that the rule with regard to taking into account inconvenience does not apply to the first review in 2013, but would apply thereafter. I thought that I had indicated that it was subject to the 5 per cent rule when I responded to the point of the noble Lord, Lord Lipsey. That is indeed the case. I was responding initially to the point made by the noble Lord, Lord Gilbert, who talked about uprooting the whole system every time and starting again, which is not consistent with the discretion given to the Boundary Commission.

As the noble and learned Lord—echoed by the noble Lord, Lord Lipsey—indicated, the intention is that there should be fixed-term Parliaments of five years with boundary reviews in sync. The intention of the amendment is to retain the relationship between the cycle of general elections and the boundary review reporting timetable if the cycle of fixed-term Parliaments shifted away from the pattern starting in May 2015. That would happen if the terms of the fixed-term Parliament were changed to something other than five years. I thought that that may have been the point of the noble and learned Lord’s amendment, but he made it clear that that is not the case. However, he indicated the possibility that there could be an extraordinary general election. We do not believe that it is possible to provide for every reason why an election might not occur at the exact five-year interval. Instead of such complexity, the Bill seeks to address the matter in a way that would not necessarily waste resources. At the same time, future Parliaments would be able to consider how best to address the issue of the reviews getting seriously out of sync. The commission's annual progress reports that are required by the Bill will increase Parliament's knowledge of each review and assist it in deciding how to act.

As the Bill stands, there would still be a broad alignment of boundary review and general election cycles. I will give an example. If the boundary review reporting cycles were realigned to be exactly 18 months before any general election, it is possible that the Boundary Commission would be forced to abandon a review midway and start again from scratch. For example, if there was an extraordinary general election in 2018, before the 2018 report was due out, the Boundary Commission would have been reviewing boundaries for three years on the basis of electorate figures for 2015, and that work would have to be scrapped and a new review cycle started on the basis of 2018 electorate figures. This would be a waste of resources.

I accept the constructive intent of the noble and learned Lord's amendment. It is not necessary, but I am willing to reflect on whether we have done the best we can to maintain sync. However, if issues became such that there was a serious mismatch, it would be open to a future Parliament to redress that. The amendment does not achieve the outcome it intends and could lead to an unnecessary waste of resources. With these comments, I hope that the noble and learned Lord will withdraw it.

[Lord Falconer of Thoroton]

That was a helpful response. First, I thank the noble and learned Lord for confirming that my view of what the Bill meant was correct, which is obviously important. Secondly, he is in effect acknowledging that if there is a general election outside the fixed term—I say in parenthesis that if the fixed term were changed in the Fixed-term Parliaments Bill as it goes through this House, it might affect the cycle, but that would require an amendment to this Bill—the intention is that there should be an 18-month gap, and that may have to be dealt with by primary legislation after the general election. It is that eventuality that my amendment seeks to avoid. It is an unsatisfactory situation that every time there is a general election outside the cycle—none of us in the Chamber knows how regularly there will be general elections outside the cycle, and if one looks at history one can envisage circumstances where one has an early general election, for example because a coalition falls apart, and then there is an indecisive result and one ends up with considerable uncertainty—and one needs a boundary review, one has to wait for primary legislation, and the party that gets into power after a closely fought election is in the driving seat in relation to when the review takes place.

I am grateful to the noble and learned Lord for saying that he will consider this. I, too, will consider it, and perhaps we could meet to think of a way in which some degree of certainty can be assured, because this is an important issue. I would also be grateful if the noble and learned Lord would write to me with the Government's estimate of the number of seats that might change their boundaries in the first of the five-yearly reviews, as opposed to the one that they envisage ending in October 2013. I agree with my noble friend Lord Lipsey that the facts are critical. On the basis of the helpful response of the noble and learned Lord, I beg leave to withdraw the amendment.

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[Lord Wallace of Tankerness]

My Lords, I thank the noble Baronesses, Lady Thornton and Lady Hayter, for the amendment, which, as the noble and learned Lord, Lord Falconer, has indicated, commands support and consent across the House because of the sentiments and the importance of registering young people. However, the Boundary Commission would not be able to set about its review until a separate report, issued by the Secretary of State, confirmed that particular action had been taken to maximise the proportion of 17 to 24 year-olds on the electoral register, and that that had been approved by both Houses of Parliament.

I do not dispute that it is important for the electoral register to be as accurate and complete as possible. That is one reason why we are accelerating progress towards individual registration and introducing measures such as data-matching schemes to help local authorities gain as complete a picture as possible of eligible voters in their area, and particularly underregistered groups. The figures in the Electoral Commission’s report last March showed that the registration rate in the United Kingdom was more than 90 per cent, which compares well with other countries. While we, and everyone in your Lordships’ House, wish to see as complete and accurate a register as possible, boundaries have since the 1940s been based on the electoral register. To delay indefinitely any review of boundaries that are already 10 years out of date would not only be disproportionate, bearing in mind the overall picture of registration, but would make votes even more unequal than they already are.

It was important and instructive for the noble Baroness, Lady Thornton, to talk about the surge in young voter registration in the previous general election campaign. As a result, those young people are now on the electoral register. They are likely to be on the register as at 1 December last year, which will be the basis of the Boundary Commission’s review for the report in 2013. It would be ironic if, as a result of carrying this amendment and with no possibility of the next general election being fought on new boundaries, we were still working from data from 2000 in England and that those who had registered as a result of the impetus in the previous general election were not taken into account. There is a distinction between the data for the review date and the important issue of trying to encourage registration, which has merit in its own right.

The Government are committed to taking steps to improve electoral registration as part of the move towards individual electoral registration. The noble and learned Lord, Lord Falconer of Thoroton, asked what the Government were doing. I thought that I had set that out in detail on Monday, and was encouraged by the fact that the noble Baroness, Lady McDonagh, said that she had been encouraged by what I had indicated. The Government will be trialling data matching later this year when the electoral register will be compared with other public databases to find people missing from the register, to see how effective it is in boosting the completeness of it. Based on the results of the trials, we will decide whether to roll it out more widely. The pilots will also tell us how effective the data matching is in improving registration among specific underregistered groups, such as young voters.

Among that information will be data from the Student Loans Company. Indeed, on Monday, the noble Lord, Lord Maxton, asked me whether data on school pupils could be used. I have now checked and can confirm that the Department for Education’s national pupil database is one of the data sets that we are considering for these schemes. I cannot say what the position is for information held by the Scottish Government, but I hope that they would be as willing to co-operate if there was a pilot in Scotland. We are working with local authorities to see whether they can make use of their own data on school pupils.

[Lord Maxton]

After I raised that point, someone raised with me the question of whether the Data Protection Act will allow that sort of exchange of information, as it is presently worded.

[Lord Wallace of Tankerness]

If my memory serves me correctly, when I responded to the noble Lord on Monday I mentioned the concern about the Data Protection Act. I have checked, and we will do a further check in the light of that point, but the information that I have had since we had that exchange on Monday is that the Department for Education’s national pupil database would be one of the data sets that we would consider.

I say to the noble and learned Lord, Lord Falconer, who asked what we are doing, that a series of events will be planned over the next few months as part of the introduction of individual registration, when we will consider with stakeholders what further steps can be taken to engage with groups who are underrepresented on the electoral register. However, we must proceed with a boundary review to ensure that boundaries, in England in particular, are not 15 years out of date at the next general election, thereby missing out those who have registered in the past 12 months, because that would exacerbate the inequality. To achieve that, with due time for the commission to consult widely, we must allow it to get on with its task now. That in no way diminishes the importance of registration, and I hope that I have indicated to the satisfaction of Members across the House what we are trying to do to establish that.

[Lord Rooker]

Is there not a big society point here? I genuinely think that the best people to get young people registered are young people—not local government officials, not Members of Parliament. Local authorities will be strapped for resources anyway; we understand the reason for that. Is there not a case for requiring local authorities, because they are in charge of the register, to pull together a group of young people charged with seeing that other young people get on the register? Out there, with homelessness and unemployment, the best evidence is that young people who are trained as mentors are much better at mentoring young people on a range of issues. It is a big society point; I freely admit that. Thinking about it and listening to the debate, I think that we must make more use of young people themselves and not do it top-down. That is just a thought.

[Lord Wallace of Tankerness]

I have no hesitation in welcoming such a proposal. It does not run counter to the other data matching that we are proposing or the roadshows on individual registration. I am sure that the very constructive suggestion by the noble Lord, Lord Rooker, will be taken into account.

[Lord Howarth of Newport]

My noble friend Lord Rooker makes an excellent point. Will the Minister be kind enough to tell the House what view the Government take as to the likelihood of sufficient resources being available to electoral registration officers in local authorities?

[Lord Wallace of Tankerness]

As I have said, we are committed to undertaking the pilot schemes and, if they have proved their worth, rolling them out. I would not make that commitment unless we believed that the resources were there to do that.

[Lord Wills]

I ask the noble and learned Lord to clarify the point that he has made several times already. Is he really saying that the injustice that he sees in people already on the electoral register being misallocated to a constituency—about which, as we have heard, there is considerable controversy—outweighs the injustice of proceeding to this wholesale boundary revision that will exclude 3.5 million people who are eligible to vote but who are not on the register? Does he really think that one outweighs the other?

[Lord Wallace of Tankerness]

I am saying that I think it is more unjust to have the 2015 general election fought on the basis of data that were collected in 2000, not data that were collected in 2010. That would be the injustice. There are the people, to whom the noble Baroness referred, who signed up to the register during the last general election campaign. If we go into the next election on the basis of constituencies in which the electoral registration data for the year 2000 apply, we will miss out those people. There is also the completely different but related issue of trying to improve electoral registration, which we are very much committed to.

[Baroness Thornton]

I thank the Minister for that, but it seems that he is completely happy to go ahead with the boundary-redrawing knowing that 3.5 million people are not on the register and that a large number of those will be young people. I think that is a shame. Actually, I think it is a disgrace. I do not want to delay indefinitely—

[Lord Wallace of Tankerness]

I just want to clarify whether the noble Baroness thinks that it is right that the next general election should use boundaries for which the data were collected in 2000, which will exclude anyone who became 18 since the year 2000.

[Baroness Thornton]

The point that I was going on to make was that the Government need to get their finger out and get the registers up to date before they get on with the boundary-redrawing. That is what they need to do. I am not saying that we should not move ahead with this, but I cannot believe that the Minister can possibly be satisfied. There were indeed some extra voters on the register as a result of those measures—which, as I said, were positive—but even the Electoral Commission says that the electoral register is hopelessly out of date. Possibly millions are young voters, and I think it is very unsatisfactory that the Government think it is okay to proceed in that situation. I thank my noble friends Lady Hayter and Lord Howarth and my noble and learned friend Lord Falconer for their support.

This House has a great tradition of supporting young people. We have spent many months together over the years discussing how to improve the lot of disadvantaged young people in particular. We have protected their interests; we have promoted their interests. The amendment is about that. It is very unsatisfactory that the Government are not prepared to promote and protect the interests of those young people. Therefore, I would like to test the opinion of the House.

--- Later in debate ---

[Lord Falconer of Thoroton]

My Lords, this is well tilled territory. The position according to the Electoral Commission is that if you own your house outright, 93 per cent of you are on the electoral register; if you are buying on a mortgage, it is 86 per cent; if renting from a council, 79 per cent; if renting from a housing association, 75 per cent; and if renting from a private landlord, only 44 per cent. If you are “other”, it is 78 per cent. I do not know what “other” is. Perhaps it is living in a commune or in a tent somewhere or, indeed, in a caravan, as suggested by my noble friend Lord Graham. Why is this? The Electoral Commission report says:

“Taken as a whole, tenants in the private rented sector are significantly more likely to be absent from the electoral register than owner-occupiers or those in social housing. This pattern arises from the greater turnover of households in the private rental sector compared to other tenures as well as the associated concentrations of specific social groups in private rental accommodation, notably young people and students, and some BME groups”.

Again, I do not think that much of this is in dispute and that what we are looking for are proposals as to how it might be dealt with.

I endorse all that my noble friend Lord McKenzie has said about the private rented sector, but there is a further point to make. I turn to the point made by the noble and learned Lord, Lord Wallace of Tankerness, to the effect that, “You do not want this review to take place using very out-of-date material. It is going to take place using material prepared in December 2010, so all your proposals that there should be an improvement in the number of young people and BMEs in the private rental sector will not apply unless you want to delay it”. That is the key answer. What is the hurry for this to take place by 2015? The obvious answer to the point made by the noble and learned Lord, Lord Wallace of Tankerness, is that a period of time should go by, maybe a year, and then we should take the register at December 2011, but only if the sort of steps that my noble friends Lady Thornton and Lord McKenzie of Luton have been asking for have been taken.

If that is wrong, because we can delay the date until December 2011 and we can seek measures to be taken to the satisfaction of the Secretary of State or the Electoral Commission to ensure better representation of the three underrepresented groups, we can achieve both. I would therefore ask the noble and learned Lord to give answers to two questions. What is being done about the private rented sector to get more people on to the electoral register? What would be the problem in answering his oft-repeated song that we delay for a year or some other period the date at which we take the electoral register for the purposes of the boundary revision? What would the nation lose by that? There would be more people from these underrepresented groups on the electoral register.

[Lord Wallace of Tankerness]

My Lords, as has been indicated, this amendment is very similar in its terms to the previous amendment, although it focuses on the need to maximise the proportion of private sector tenants on the electoral register. It will therefore not come as a surprise if I indicate that the arguments are substantially the same. I will answer the noble and learned Lord, Lord Falconer. The difference is that what we are being invited to do with these amendments is put off the boundary review to some indeterminate time. No date is fixed in these amendments, although the noble and learned Lord said that it could be 1 December 2011. But we have heard the whingeing complaints that to do it in 2010 is going to make it tight for a boundary review to report by 2013. Given that, I rather suspect that using a review date for the electoral register in December 2011 is going to make it impossible for the 2015 election to be fought on new boundaries. That is the crucial difference.

The party opposite appears to wish the boundaries for the 2015 election to be fought on electoral data, so far as England is concerned, that go back to the year 2000. We have quoted on many occasions in these debates the report from the Electoral Commission published in March last year, when of course the party opposite was in power. These underregistrations have not suddenly materialised since May last year. I have indicated what we intend to do with regard to younger people in terms of data matching, so I found it rather breathtaking to hear the noble Baroness, Lady Thornton, say that we should get on with it. I think that we are probably proposing to do more in our first eight months in office than all that happened during the past 13 years. I give credit for initiatives that were taken, like rolling the register, but all that would come to naught because any benefit that came from that if we hold the 2015 election on electoral data from 2000 would be lost. Any positive steps taken by the previous Administration will not have any effect.

The noble Lord, Lord McKenzie of Luton, mentioned Glasgow, and in previous exchanges the noble Lord, Lord McAvoy, has indicated what has been done there, and it is a positive example. But of course none of that would be taken into account if we had to use electoral data from 2000. I welcome back the noble Lord, Lord Foulkes of Cumnock, because I wondered where he was earlier.

[Lord Foulkes of Cumnock]

I have been here or hereabouts for most of the evening. The noble and learned Lord, Lord Wallace, will remember as I do that Jack de Manio, when he presented the “Today” programme, had in front of him a message: “Remember, it’s different in Scotland”. Can the noble and learned Lord answer a question for me? All today and on previous days I have wondered what arrangements departments in England dealing with this are making for liaison with the Scottish Executive in implementing this and all other parts of the Bill, if it becomes an Act.

[Lord Wallace of Tankerness]

I am glad the noble Lord mentioned that because I have indicated that using the year 2000 does relate to England, but of course the previous Labour Government introduced a boundary review following devolution. The numbers were reduced and used electoral data which I am sure, if you note the kind of figures quoted by the noble Lord, Lord McKenzie of Luton, must have been as deficient in terms of underregistration in certain categories as the ones they are now complaining about; however, they did not hold back from conducting a very necessary boundary review at that time.

I indicated earlier to the noble Lord, Lord Maxton, that in terms of school records, I certainly hope that the Scottish Government will be co-operative in these matters. I fully intended to write to the noble Lord to follow up on his comment last Monday. He then made a further comment on data protection that I will respond to in a further letter which I will circulate. I also take on the point about departments and the Scottish Government.

[Lord Foulkes of Cumnock]

The Minister says that he hopes the Scottish Government will be co-operative. As he knows, the Scottish Government have been urging the UK Government not to go ahead with the referendum on 5 May, and therefore they are not necessarily in an immediately co-operative frame of mind. If this Bill becomes an Act, can I urge him to consider arrangements for joint discussions in the form of a committee or other ministerial meeting to deal with some of the tricky problems that will arise?

[Lord Wallace of Tankerness]

I hope that the Scottish Government would be as keen as the parties in this House on trying to improve electoral registration. I hope to be able to indicate what engagement there has been with the Scottish Government in trying to ensure that that is the case. I am not sure that setting up another committee is necessarily the best way to do it.

I have mentioned data matching. The kind of publicly available data that would be relevant to this amendment, although they would not be specific to private tenants, could be national insurance data, information from the DVLA and, specifically, housing benefit data. Those are the areas we would look at, via proactive pilot schemes, to try to ensure that that particular category of person, who I accept is underregistered on the electoral roll, is better identified than at the moment. Against that background, I hope that the noble Lord will withdraw his amendment.

[Lord McKenzie of Luton]

My Lords, I am grateful to the Minister for his response and to my noble friend Lord Soley and my noble and learned friend Lord Falconer for their support. I do not intend to press the amendment tonight; I am grateful for the information that has been given around the prospect of data matching and the expanded scope for that in relation to private sector tenants. It would have been good to hear a little more from the Minister about issues of local authority funding, given the huge constraints that they are under and the real risk that one of the things that will not get the priority that it should in the current climate is effective electoral registration.

The Minister suggested that the amendment was indeterminate in its timeframe. If he would be happy in due course, possibly at a subsequent stage, to accept an amendment with a more specific timeframe, we would be very happy to reflect on that. In the mean time, I beg leave to withdraw the amendment.