Electoral Registration and Administration Bill
Debate between Mark Harper and Angela Smith(12 years, 5 months ago)
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Angela Smith
There has been very little by way of explanation from the Minister in his response to the amendments that would give us any confidence in the potential alternatives to the annual canvass that have been repeatedly mentioned from the Government Benches. We have had references to alternatives that may be developed in the future, which may at some point in the future give the House the confidence to agree to a ministerial proposal to abolish the annual canvass. It would have helped the Committee in its deliberations if the Minister had outlined clearly what some of those alternatives might be.
As I indicated in my initial comments on the amendments, the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper), suggested previously in oral evidence that modified versions of the annual canvass could be available in the future. It would have helped the Committee if we had had more detail from the Minister about what some of those alternatives might be. It is clear that Ministers are thinking through some of these proposals. Nothing in what we have heard today gives us the confidence to believe that the part of clause 6 that gives the Minister the right to abolish the annual canvass is anything other than a threat to the democratic process in this country.
The Committee is being asked to agree something completely in the dark. In his response, the Minister indicated that in early 2014 there would be a full annual canvass, and I thank him for that. He also made it clear that it would be carried out in time for the European elections, which take place in June that year, as we understand it. The local elections in 2014 are likely to take place at the same time. He then indicated that the new individual registration process would commence shortly afterwards.
May I take it that the Electoral Commission’s recommendation is that the commencement date for the new IR process should be 1 July 2014? We have had no response to that, but from what the Minister said, there is clearly a plan to go ahead with implementation of IR in the late summer of 2014. However, no information has been laid before the Committee today and no commitment has been given that the data-matching pilots which are part of the legislation will be completed and evaluated by the Electoral Commission before commencement of the new provisions.
It is reckless to commit to a new system of electoral registration and to commit to commencement in 2014 when we have no certainty that the pilot schemes designed to test whether the new processes work will have been completed. It is the Opposition’s view that the new scheme for individual registration should be introduced only when the Electoral Commission is satisfied that it will guarantee a high level of completeness and accuracy. Nothing that we heard today gives us confidence that that will be the case.
My right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) and my hon. Friend the Member for North Durham (Mr Jones) made good contributions in which they described in detail the complexity of people’s lives and the impact that an annual canvass may have in reducing levels of completeness precisely because of those complexities. My hon. Friend the Member for North Durham referred in particular to the problem of registering students.
Last week we had a debate about student registration. My hon. Friend the Member for Sheffield Central (Paul Blomfield) pointed out that there are 31,800 students living in his constituency alone. Without the annual canvass it is entirely possible, for all the reasons outlined in the debate, that registration in a constituency such as Sheffield Central could be substantially reduced. Given that the majority in Sheffield Central stands at only 165, it is obvious that before we make any radical changes to our electoral registration processes we should ensure that we have guarantees that any new system works properly, is based on sound evidence and is guaranteed and given the stamp of approval by the Electoral Commission.
We have heard a lot today about how the new system will work, but we have not heard the detail. We have had superficial reassurances that it will work, but we have heard nothing of the detail. We have had no significant reassurance on whether new systems will eventually be so robust that we will be able to abolish an annual canvass.
The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)
I wanted to check this information before I responded to the hon. Lady, but the assessment of the data-matching pilots to test the confirmation process by the Government and the Electoral Commission will be done by June 2013, well in time for us to have a clear picture before we commence the IER process.
Angela Smith
I thank the Minister for that, but can he confirm that all the data-matching pilots and necessary testing will be complete before the Government move ahead with the new scheme?
Mr Harper
The only one that we have to have tested before we move ahead is that to do with confirmation. The pilots that we will be doing, subject to the approval of Parliament, to see whether some of the data matching can help us to identify people not on the register concern things that we would want to know if we proposed to get rid of the canvass. As we do not propose to do that, we do not need to have that information before we move ahead with IER. We will know the results of the confirmation testing pilots by June 2013.
Angela Smith
The key point is that the new register, and the one used for the boundary review in 2015, will not be as complete as it should be, because those people carried over for the general election will not be carried over for December 2015. I therefore do not take a great deal of reassurance from that.
We have had a lengthy debate. The Opposition will not seek to press the amendment to a vote. We believe that the House of Lords will engage in a lengthy and detailed debate on the issues that we have raised today, and on that basis I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 6 ordered to stand part of the Bill.
Clauses 7 and 8 ordered to stand part of the Bill.
Clause 9
Piloting registration provision
Electoral Registration and Administration Bill
Debate between Mark Harper and Angela Smith(12 years, 5 months ago)
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Mr Harper
I have not yet finished answering my hon. Friend the Member for Epping Forest, but of course I will give way before I ask the Opposition to withdraw their amendments.
On pace, I should say that we have hardly rushed this matter. In September 2010, I made an announcement at this Dispatch Box about our proposals. We then published draft legislation. We have conducted pre-legislative scrutiny, which I think even the hon. Member for Caerphilly admitted has gone at a reasonably leisurely pace. We have hardly been bounding through. Unlike the previous Government, we have not at the drop of a hat introduced Bills that no one had ever seen and then rammed them through the House. We have conducted ourselves in a thoughtful way, and we have hardly been rushing.
Angela Smith
In 2009, the hon. Member for Epping Forest (Mrs Laing) said:
“That is one of the reasons why we will not oppose the timetable the Minister has suggested this evening…the Electoral Commission…and others who will be involved in the implementation of the Government’s current plans are concerned that this should not be rushed, but taken step by step to ensure that the integrity of the system is protected—and not only protected, but seen to be protected”—[Official Report, 13 July 2009; Vol. 496, c. 108.]
Will the Minister explain the change in point of view?
Mr Harper
There has not been a change in point of view. I did not want to bother the Committee with this again, but I am going to have to now. On Second Reading of the previous legislation in 2009, my right hon. Friend the Member for Horsham (Mr Maude) made it clear that we approved of the decision to proceed with individual registration, but we thought that it could be accomplished earlier. We said at the time that it could be done earlier, and on page 47 of our 2010 manifesto we made a commitment to implement it swiftly. This is not new news.
As I said, when the Bill for which the Labour party was responsible left the House, it contained no provisions about individual electoral registration; they were inserted in the other place. When the Bill came back, it seemed to me that, having got the Government at least to move on that issue, it would have been churlish to have started cavilling about it.
Mr Harper
Thank you, Ms Clark.
The danger for the hon. Member for Caerphilly is that, in his proposals, he urges us to deal with completeness, but, if we accept his argument that they would increase completeness, and I am not sure that they would, we find that they may do so at the expense of accuracy. They would leave on the register people who were not likely to be at the address in question any more, because they would not have responded to an electoral registration officer for some time.
Angela Smith
If accuracy is more important than completeness, why is the Minister allowing the register to be used for the general election in 2015? If it is good enough for the election, it is good enough for the boundary review.
Mr Harper
There is a very clear answer: the register’s use in the election will be its first use, and we know that at the time of a general election people will be very focused on it. By the time of the publication of the registers in 2015, individuals who have not been confirmed automatically at the start of the transition will have had more than one year to register individually, had more than two canvasses, been contacted a number of times by the electoral registration officer and between canvasses had a general election, a time when awareness of politics and voting is at its highest.
Our intention remains that EROs will write to individuals who have neither registered nor been confirmed towards the end of the 2015 canvass to inform them that they will be removed and to offer them one further chance to apply. It seems to me that, for somebody to be eligible to be registered, at their property and not to have registered individually for the 2015 register, they will almost have had to go out of their way to avoid being contacted by an ERO, and almost deliberately have not registered. The steps that we have put in place are very robust.
Mr Harper
A number of points have been raised; let me go through them.
First, I shall respond to the hon. Lady’s questions about the IT service. Part of the point of developing the pilots, and particularly the set that we will be discussing in the delegated legislation Committee tomorrow—I do not know whether I shall have the pleasure of seeing the hon. Members for Penistone and Stocksbridge (Angela Smith) or for Caerphilly (Mr David) there—is to ensure, as I think I mentioned, that they are scalable. One of the things that came through in the original pilots was that they are quite resource-intensive. One of the things that we want to look at, in seeing how some of this data capture will work, is ensuring that the process is scalable. The final shape of how the IT service will operate is something that we will work on over the next period, although the service will definitely not be a quango, because, apart from anything else, we deliberately do not have the power to create quangos in this Bill. The final shape is yet to be decided, but we are not going to create another unaccountable non-governmental organisation that nobody will have any control over.
The hon. Lady’s amendments fall into two groups. Amendment 5 deals with local authorities, a point that divides into two parts. In two-tier areas, the ERO already has the ability to look at all the data that the local authority they were appointed by possesses. He or she can therefore look at council tax data and housing benefit data. The gap arises in two-tier areas where the ERO currently does not have the ability to look at the data held by the higher-tier authority. One of the things we will do—not in the pilots that we will debate tomorrow, but in a further set of pilots—is look specifically at how effective the sharing of data is between those tiers of local authorities. If the pilots show that it is effective, we would propose to enable it for local authorities through secondary legislation—that is, if it works, we enable it.
However, the specific pieces of data that the hon. Lady mentioned, such as council tax—I think she also mentioned housing benefit—are already available to the ERO. Interestingly, not all of them use those data to the extent that they are able to, but they absolutely have access to it. Clearly, it is more sensible to use those data, because they map quite considerably across the population and there is access to them. In fact, one of the factors determining registration is people moving. When people move, they generally get registered for council tax purposes. If the EROs are doing their job properly, they will use those data to ensure that their register is up to date.
The situation is slightly different in other circumstances, however. The hon. Lady mentioned further and higher education institutions. Under regulation 23 of the Representation of the People (England and Wales) Regulations 2001, registration officers already have the power to
“require any person to give information required for the purposes of that officer’s duties”.
They can, and do, use that power to require FE and HE institutions to provide such information. That is the legal basis on which it is provided to EROs by, for example, universities with student accommodation. Otherwise, the institutions would not have a legal basis on which to disclose it. So that amendment is unnecessary, as the power already exists.
The hon. Lady asked what we were doing specifically about students. We are working with groups that represent students, such as the National Union of Students. From memory, I think that I have a meeting in my diary this week to discuss this issue with the relevant NUS officer, who has written to me about it. We are also working with organisations that interact with students, such as the Student Loans Company, to look at ways of using the information to ensure that students are given every opportunity, and that it is made as easy as possible for them, to register to vote. It is worth remembering that the existing block registration applies only to university students in halls of residence. It does not apply to those living outside the halls, and the situation will obviously vary across universities. We are absolutely taking this issue seriously.
The question of sheltered accommodation has been raised by a number of organisations. EROs already have the power to require the managers of sheltered accommodation to provide the relevant information to them. Their duty then obliges them, once they have the information, to write to those people. We are also working with organisations that represent people who live in sheltered accommodation, to look at ways of simplifying the process and making it more straightforward. This information will be considered in our second round of data-matching pilots.
The hon. Lady’s final point related to private landlords. I do not think that her proposal adds a great deal, however. The main reason that those in private rented accommodation are less likely to be registered is not directly related to their being private tenants; it is related to the fact that they move more often.
Mr Harper
Yes, I know that the hon. Lady said that, but it is because they are likely to move more often that they are also likely to miss the annual canvass. She will know that relatively few people use rolling registration to register to vote. Also, asking those landlords to provide an annual update—assuming that local authorities had a full list of all their private landlords—would have exactly the same flaws as the annual canvass. It would be unlikely to add anything to the process, except a lot of bureaucracy.
The hon. Lady referred to the barriers to registration. The work that we are doing with under-represented groups in that regard is well under way, and I will be in a position to publish it before the summer recess. What we really want to do is develop some of these proposals with evidence. We want to look at the barriers that prevent the various groups from registering. We know who the groups are, from the quantitative research carried out by the Electoral Commission, but our qualitative research, which will tell us why they are not registered, will be ready in the not-too-distant future. At that point, we will be able to consider how to tackle those barriers in a systematic and co-ordinated way.
I hope, therefore, that the hon. Lady will see that the necessary legal powers for electoral registration officers in all those circumstances are already available. We are doing the research, which will be published before the summer recess, and we are already working with most of the organisations that work with the under-registered groups. To be fair, she acknowledged that. On that basis, I urge her to withdraw the amendment.
Angela Smith
I thank the Minister for his response. I acknowledge that any scheme to enable data-sharing—particularly when those data are sensitive—will be IT-based, but I have never yet heard of an IT system that works without having the necessary people to put in the data in the first place. The Minister did not give a response about the cost, or about the commitment to funding the scheme properly to ensure that the service runs smoothly and without unnecessary delays. That is the key point, but he did not respond to it. If data sharing is to be used to verify applications in this way, we need to ensure that it does not lead to unnecessary delays, particularly in the run-up to the general election in 2015.
Mr Harper
The hon. Lady is quite right; I did not respond to that point. I had written down all her other points, but I simply omitted to mention that one. The transition to IER is fully funded by the Treasury for this comprehensive spending review period; we are confident about that. We did not inherit a budget for this, incidentally; this was a budget that we had to put in place. I am confident that that is covered and that there are not going to be any issues relating to it. As I said, part of our work in the data-matching pilots involves ensuring that the project is scalable and that it works. We are conscious that, particularly when there is high demand for registration in the run-up to an election, we need to ensure that it all works. One element that will help EROs, particularly at high turn-out elections, is the fact that we know when the next general election is going to be, so it will not be sprung on them at short notice. That should help them with their planning and preparation.
Angela Smith
I thank the Minister for that very full response. I think that there was also an acknowledgment that the Government are relying on the data-testing pilots to ensure that the system runs properly. There is also, however, a refusal on the Government’s part to acknowledge the need to complete that testing work before we stop using the carry-over data for the boundary review in December 2015. There is therefore a potential problem, as we discussed earlier, in relation to the amendments. I am sure that we will come back to that matter.
On amendment 5, I entirely take the Minister’s point about the two-tier authorities; he is absolutely right. Nevertheless, he will be well aware that a large number of authorities are now unitary or metropolitan authorities. I said that a degree of data-sharing was already taking place internally within local authorities, but it remains the case that not all EROs are making use of that facility or using those data effectively to raise levels of completeness in their electoral registers. The amendment is about placing an obligation on EROs to use those data to make life easier not only for people wishing to register but for the EROs themselves in the long run.
On amendment 9, the Minister made the point that the power already exists to require higher and further education institutions to supply the relevant information to EROs. Again, that power is not necessarily being used. Now that we are introducing a radical new way of registering people to vote—namely, individual registration —it is even more important that that power should be properly used. We shall not therefore allow that amendment to lapse; we will seek to press it later.
As for the amendments relating to sheltered housing and private landlords, we believe that amendment 9, which deals with the provisions for universities, is a test of the Committee’s feeling on this key point about the sensible and common-sense sharing of data and the placing of obligations directly in the Bill to maximise the use of data-sharing practice without requiring complicated IT provisions or the verifications of the more sensitive data referred to in the schedule.
Opposition Members are receptive to the Minister’s point about barriers. Our deepest concern is that we might end up with an electoral registration system that effectively discourages and discriminates against those parts of the population that are the least likely to register. That is a great concern to us. That is why we believe we need a belt and braces approach to maximising registration and that that approach should be placed as much as possible on the face of the Bill.
Mr Harper
I will not go into the issues in quite as much detail as the hon. Member for Foyle (Mark Durkan), but I will make a couple of points.
The mandating of the data standards that local authorities use for their individual electoral registers is a matter for them. We have been clear about the fact that theirs are local databases, and that we are not trying to recreate a national database. However, the hon. Gentleman made a good point about interoperability and the exchange of data. In terms of data matching, existing national databases such as the DWP database have a consistent format. We are working with all the electoral management service suppliers who are contracted to local authorities in Great Britain as part of the process in order to optimise the working of the system.
Given that the hon. Gentleman has raised a number of issues, the best thing for me to do is reflect on them and then either write to him or, if it is not appropriate to do just that—given that he mentioned a specific company in his constituency—arrange a meeting with him, which might be more helpful, to make sure that I have addressed his points.
One of the things that we are doing in the pilot—I alluded to this in relation to confirmation—is making sure that the process whereby electoral registration officers send data to the DWP, and vice versa, is scalable. The hon. Gentleman referred to issues in the first set of pilots whereby a lot of EROs found the process resource-intensive. That is one of the things we want to focus on in the second round of pilots, in order to make sure that the process is scalable and does not generate lots of resource issues. Some of that may be about having open standards and making it easier to transmit the data. Let me reflect on the issue further, however. I will then write to the hon. Gentleman and, if necessary, we can have a meeting. I hope that that is a satisfactory response.
Question put and agreed to.
Schedule 2 accordingly agreed to.
Clause 3 ordered to stand part of the Bill.
Clause 4
Annual canvass
Angela Smith
I beg to move amendment 6, page 3, line 39, leave out from ‘canvass’ to end of line and insert—
‘(1A) The annual canvass must be held during the month of October every year in relation to the area for which the officer acts.’.
Parliamentary Voting System and Constituencies Bill
Debate between Mark Harper and Angela Smith(14 years, 1 month ago)
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Mr Harper
I can see why my hon. Friend the Member for Gloucester (Richard Graham) was confused and tried to intervene on the hon. Gentleman. That was a very lengthy intervention, almost worthy of a speech.
We have made considerable provision for debate, and when the Government provide extra time, the Committee needs to debate a Bill sensibly. To be fair, most Members have done so, but I cannot help but observe that most of the extra time that we added for the past couple of days was almost entirely used up by the hon. Member for Rhondda. Rather than comment, I will let Members judge for themselves whether he used that time well.
Angela Smith
However much time the Government give the Bill on the Floor of the House, it will not make up for the lack of the pre-legislative scrutiny that it should have had.
Mr Harper
My hon. Friend the Member for Brecon and Radnorshire (Roger Williams) dealt with that point very well in his intervention. As my hon. Friend the Deputy Leader of the House has said, if there was pre-legislative scrutiny of everything at the beginning of a new Parliament, with a new Government having been elected, there would be a huge gap in the programme. He has made it clear that taking the Government’s programme as a whole, we will almost certainly end up allowing more scrutiny of draft Bills than any previous Government.
Angela Smith
With respect, is not a Bill relating to constitutional reform of such significance that the Government should have waited and gone through a pre-legislative scrutiny process before bringing it to the House?
Mr Harper
All that I can say is that we can examine the comparative records. In the last Session under the Labour Government only four Bills had pre-legislative scrutiny. We will end up with twice as many, so our overall record will bear comparison.
I am not sure whether he meant it, but the hon. Member for Alyn and Deeside (Mark Tami) accused us of putting the horse before the cart and proceeding at a gallop. I represent a rural area, so I think I have got this right: putting the horse before the cart seems to be the right thing to do, as does proceeding at a gallop. I do not see any problem with that.