Electoral Registration and Administration Bill

Debate between Mark Harper and Lord Dodds of Duncairn

Wednesday 23rd May 2012 Commons Chamber

[Mr Harper]

My hon. Friend is right. There are two aspects to what we are doing. We want to make sure that the register is more complete and that people who are eligible to vote are on it, but it is equally important to make sure that those who are not eligible to vote are not on it. I hope that he will be reassured about that as I set out some of the details. On his specific point, there will be changes to make it clearer for people to identify when they are a Commonwealth citizen and what their immigration status is. We will be piloting some work with the UK Border Agency to see whether we can create a systemic process to check people’s leave to remain so that only those who are entitled to be here are able to vote here. That will be a welcome step forward.

[Mr Nigel Dodds (Belfast North) (DUP)]

Will the Minister give way?

[Ms Karen Buck (Westminster North) (Lab)]

rose—

[Mr Harper]

Oh, I have a choice. I give way to the right hon. Gentleman.

[Mr Dodds]

The Minister said that the United Kingdom is one of the few countries that does not have individual registration. Of course, we have had that in Northern Ireland for some 10 years. I think it has been a success, and I therefore warmly welcome his proposals. However, it has led to a drop in the number of people registered, partly for the reasons that he outlined—for example, because some people should not be on the register in the first place. Will he take on board the lesson that we learned in Northern Ireland, which was that resources needed to be put into the Electoral Office to ensure that young people, in particular, got signed up to the register?

[Mr Harper]

I welcome the right hon. Gentleman’s comments. I should have said that the Bill implements these measures in Great Britain rather than in the United Kingdom. We have learned a great deal in Northern Ireland, for example on implementing a carry-forward provision to reduce the risk of a significant drop-off. Interestingly, the research that we commissioned from the Electoral Commission, which was published last year, demonstrated that although we in this country have had the rather complacent attitude that we did not really have a problem, under the individual registration system in Northern Ireland, the proportion of eligible voters registered to vote is about the same as it is in the rest of Great Britain. We therefore have a lot to learn.

Fixed-term Parliaments Bill

Debate between Mark Harper and Lord Dodds of Duncairn

Thursday 8th September 2011 Commons Chamber

[Mr Harper]

That is a perfectly good question. The Bill sets up arrangements for a review of its operation in general. It is not an overly constrained review, therefore. The Committee would be able to look at the effects in the round and make appropriate recommendations that this House and the other place could then consider.

I hope the amendment in lieu will address some of the concerns expressed in the other place. Indeed, the Chair of the Constitution Committee, Baroness Jay, said during the consideration of Commons amendments that the Bill should be subject to some form of post-legislative scrutiny. I hope she and other Members will find our amendment in lieu acceptable.

It has also been suggested that the Lords amendments would alter this Chamber’s relationship with the other place, as they would provide that the Bill’s provisions for a fixed term could be “revived” only through a resolution of both Houses, which would concede an element of our primacy to the other place. I share that view. We can envisage a situation in which this House is wholly in favour of reinstating fixed terms but is stymied by what amounts to a power of veto given to the other, unelected, House. That cannot be right. If we send a clear message to those in the other place on this issue, letting them know we do not want, nor have ever wanted, a sunset clause to these provisions, then I am sure they will listen.

[Mr Nigel Dodds (Belfast North) (DUP)]

Would the Minister change his mind on that point if the other place were partially or fully elected?

[Mr Harper]

The right hon. Gentleman is leaping far ahead. We are considering this Bill now. Meanwhile, our reform proposals for the House of Lords have been published and are being scrutinised by the relevant Joint Committee. If at some point in future it is decided to change the arrangements under this Bill, that can be done in the normal way. The Bill can be amended or repealed through the normal legislative process. We are not seeking to constrain that. We are simply saying that the rather novel constitutional provisions that the Lords has inserted are inappropriate to a constitutional Bill.

Oral Answers to Questions

Debate between Mark Harper and Lord Dodds of Duncairn

Tuesday 1st March 2011 Commons Chamber

[Mr Harper]

I do not agree with the premise of the hon. Gentleman’s question. There is a 10% margin, plus or minus 5%, within which the independent boundary commissions can take account of factors such as local ties and local government boundaries, but it has to be right that constituencies should be more equal in size. In the part of the world that the hon. Gentleman represents voters have more weight in the House of Commons than they should, compared with those in other parts of the country, and that is simply not right.

[Mr Nigel Dodds (Belfast North) (DUP)]

Does the Minister not agree that holding a boundary review every five years will be a recipe for chaos and uncertainty, given that the number of seats allocated in each country within the United Kingdom could change in that period? That would create great uncertainty among local electors, local authorities and local communities, who will not know what constituency they are going to be in. That will have a direct impact on the make-up of the Northern Ireland Assembly, the Scottish Parliament and the Welsh Assembly.

[Mr Harper]

There is a choice: we can have either infrequent boundary reviews, which would be more disruptive, or more frequent ones, which—all other things being equal—would be smaller. Clearly the first boundary review, with a change in the rules that will result in a reduction in the number of seats in the House from 650 to 600, will be a fairly significant one. After that, however, boundary reviews will simply reflect the movements of the electorate, and I think that that will be a much less disruptive process.

Fixed-term Parliaments Bill

Debate between Mark Harper and Lord Dodds of Duncairn

Wednesday 1st December 2010 Commons Chamber

[Mr Nigel Dodds (Belfast North) (DUP)]

Of course, the Minister is right about the reality and the politics of the situation. He should remember, however, that we are talking about a situation in which legislation has been introduced and that legislation is always challengeable in the courts. Once things get into the courts, who knows what will happen regarding the interpretation of the provisions? For the sake of clarity and certainty, what is wrong with setting out the precise terms that must be used so that there can be no doubt? That goes to the issue in amendment 6, tabled by the hon. Member for Stone (Mr Cash), which sets out provisions for the avoidance of doubt. Surely there is merit in making it absolutely clear and plain.

[Mr Harper]

I shall not attempt to rush forward to the certification procedure, because we will debate it when we discuss the next group of amendments.

Let me turn to the specific amendment before the Committee. I do not think amendment 25 achieves the certainty that the right hon. Member for Belfast North (Mr Dodds) suggests would be desirable. It states that a motion of no confidence “shall be”, not “must include”, so it is not clear whether the motion would have to consist exclusively of the specified text or whether that text could be part of a motion, such as if it were added to a Government motion by amendment.

The Opposition’s amendment tries to specify the text of the no confidence motion, but does not try to achieve equivalent clarity as regards the motion of confidence that would have to be passed within 14 days by an alternative Government in order to avoid a general election. The amendment is trying to achieve some certainty—that was what the hon. Member for Rhondda said—but I do not think it does. I also do not think it is desirable or appropriate to try to set out the text of the motions in the Bill.

The Government think that clause 2(2) provides a clear and practical mechanism that gives statutory effect to a vote of no confidence. I have set out the Government’s concerns about the amendments and I hope that hon. Members will not seek to press them to a vote.

Prisoners’ Right to Vote

Debate between Mark Harper and Lord Dodds of Duncairn

Tuesday 2nd November 2010 Commons Chamber

[Mr Harper]

My hon. Friend has made his point very well. The synthetic outrage expressed by Labour Members whose Government accepted the need to comply with the law, consulted on proposals to do so, and yet again failed to make the necessary decisions—[Interruption.] The shadow Justice Secretary, the right hon. Member for Tooting, is yelling from a sedentary position. His party was in power for five years after the judgment was made, and did nothing about it. We have been in power for only six months, but we are getting on with considering how to implement the judgment, and when we have made our decisions, we will present them to the House.

[Mr Nigel Dodds (Belfast North) (DUP)]

It has not been a good couple of days for the Government as far as Europe is concerned. Yesterday we heard the ludicrous announcement of an increase in the EU budget, and today we have heard this announcement. Rather than uttering expressions of exasperation and frustration, will the Minister tell the House what the Government will do to bring powers back to the House on behalf of the British people?

[Mr Harper]

Like others, the right hon. Gentleman is confusing the European Court and the European convention on human rights with the European Union. They have nothing to do with the European Union.

[Mr Dodds]

I know that.

[Mr Harper]

So the right hon. Gentleman must know that they are not in any way connected. We could do as he suggests only if Britain were to abrogate its signature to the European convention on human rights. Is that really what he wants us to do?

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Lord Dodds of Duncairn

Tuesday 2nd November 2010 Commons Chamber

[Mr Harper]

These amendments update the combination provisions in the Bill to reflect the following draft orders, which were laid before Parliament by the Scotland and Northern Ireland Offices on 25 October: the Scottish Parliament (Elections etc.) Order 2010; the Northern Ireland Assembly (Elections) (Amendment) Order 2010; and the Local Elections (Northern Ireland) Order 2010.

The purpose of the amendments is to ensure that the combination rules in the Bill work effectively with the rules governing elections to the Scottish Parliament and the Northern Ireland Assembly, and local elections in Northern Ireland, in the event that the draft orders are approved by Parliament, as the Government hope. No amendments have been necessary in relation to the combination provisions for Wales. Although the rules governing elections to the National Assembly for Wales will be updated by the National Assembly for Wales (Representation of the People) (Amendment) Order 2010, if approved by Parliament, none of the amendments to be made by this order affects any rules relevant to combination with the referendum. This order was also laid in draft before Parliament on 25 October.

The majority of the Government amendments make technical changes to the Bill to pick up minor consequential amendments that have emerged in relation to the numbering, cross-referencing and terminology following the laying of the draft territorial orders on 25 October.

Amendments 18 and 19 are consequential on the laying of the Local Elections (Northern Ireland) Order 2010, which fixes the date for the 2011 local elections in Northern Ireland. There is no intended change in the effect of the provision; rather, the amendment brings the wording of subsection (4) more into line with that of subsections (2) and (3), which is possible now that the date of the elections has been set.

Amendments 22 to 30 and 32 to 41 are not consequential on the draft territorial orders, but are technical changes to ensure that it is clear which set of postal voting provisions applies when polls are combined in Wales and in Scotland. The provisions in schedule 4 to the Bill will not apply, because, following our amendments in Committee, the same job is now done by the combination schedules. Amendment 43 corrects an omission in schedule 4 to the Bill about the marking of postal voters lists and proxy postal voters lists in Northern Ireland.

While the majority of the amendments are minor and technical, the key exceptions are amendment 172 and amendments 177 to 178, which, for the first time in the combination provisions, set out the details of the joint issue and receipt of postal ballot papers in Northern Ireland. The chief electoral officer, with the agreement of the chief counting officer, will be able to decide to take postal ballot proceedings together in the three polls taking place in Northern Ireland. These amendments make the necessary provision for that process to work. If the chief electoral officer decides to deal separately with postal ballot paper proceedings in the three polls, the existing legislation, as amended by the two Northern Ireland Orders, will apply, largely unaffected by the Bill.

The amendments give effect to our agreed policy that when the chief electoral officers decides, with the agreement of the chief counting officer, that the issuing and receipt of postal voting ballot packs is to be combined for the referendum and the relevant elections in Northern Ireland, he can ask the relevant registration officer to produce a combined postal voters list and combined proxy postal voters list. The amendments also make clear who is entitled to be present at proceedings on the joint issue and receipt of postal ballot papers. They provide for all the ballot papers to be sent out and returned in the same envelopes, and they set out the procedure for forwarding and retaining documents related to the joint postal voting process—for example, declarations of identity, the proxy postal voters list and the postal voters list.

The postal voting amendments for Northern Ireland also include the creation of two new forms of declaration of identity that can be used for Northern Ireland Assembly and local elections, when proceedings on the issue and receipt of postal ballot papers are not combined. Equivalent forms already exist for England, Scotland and Wales.

[Mr Nigel Dodds (Belfast North) (DUP)]

When people receive the envelope containing their postal vote, will they therefore need just one person to attest to their signature for all three votes, or will three separate witness signatures be required—one for each ballot paper?

[Mr Harper]

There are two stages to the process. If the chief electoral officer and the chief counting officer agree to combine the issue of the postal votes, which is a new procedure in Northern Ireland, everything will be sent out in the same envelope, and the same person will then be able to attest on the ballot paper. The whole point is to make the combination of the two elections and the referendum in Northern Ireland work as smoothly as possible. That is the most significant change in these combination provisions, and I hope that it will help the proceedings in Northern Ireland.

Amendments 156 and 157 include revised forms for the postal voting statement for the Scottish Parliament election, when the issue and receipt of postal ballot papers is not combined, and for the statement on the postal ballot papers that have been issued and received in Scotland for the referendum on the voting system. This takes into account the changes that were made to the forms for Scottish parliamentary elections by the Scottish Parliament (Elections etc.) Order 2010.

The rules relating to the conduct of the elections next year are governed by the elections orders I have set out, and they will be debated in Parliament, following the usual procedures, in the near future. If Parliament agrees the orders, the relevant changes to the combination provisions enabling the referendum to be combined with them are in these amendments, which I shall ask the House to agree.

--- Later in debate ---

[Mr Harper]

I will look further into that. The real issue is the ease with which returning officers can validate the identifiers. I understand that, where that is not able to be done automatically, it means in practice that it has to be done manually. As I say, however, I will check, write to the hon. Gentleman, copy it to the hon. Member for Rhondda and place a copy in the House of Commons Library.

The hon. Member for Glasgow East (Margaret Curran) said that there were a significant number of amendments. That is true, although as I think the hon. Member for Rhondda acknowledged in his remarks, a lot of them are very technical. They consist of replacing 2007 with 2010, for example, and use straightforward language to reflect what has been changed. The issues of substance, particularly those affecting Northern Ireland—where significant changes have been made to postal voting—have been discussed.

The hon. Member for Foyle raised a number of issues. He asked whether the chief electoral officer could still combine working on local and Assembly elections. Yes, he can. I was asked why the chief counting officer and the Northern Ireland chief electoral officer need to agree on the issue of the receipt of postal ballot papers. The chief counting officer co-ordinates the referendum nationally, so he has the general power of direction. The chief electoral officer of Northern Ireland obviously knows that situation on the ground, so it makes sense for them both to agree on whether to issue combined postal votes. The same position applies in the rest of the United Kingdom. We were urged at an earlier stage of our debate to make this mandatory, but combining the postal ballot papers would sometimes not be practical. Legislating for something that proves not to be practical is not very sensible.

The hon. Member for Foyle also made a point about amendment 18. My advice is that it is not intended to—and, we understand, it does not—change the position on the ability of the Northern Ireland Assembly to change the date. He raises a good point, however, and if he is concerned about it, it is worth my reflecting on it further. I will do so and write to him when I have thought more about it. I repeat that it is not the intention to change the position and we do not believe that it does. The point is nevertheless worth dealing with, and I will write to the hon. Gentleman, if that is acceptable.

[Mr Dodds]

When the Minister writes to the hon. Member for Foyle (Mark Durkan), will he give the same undertaking to put his response in the House of Commons Library?

[Mr Harper]

Yes, of course. I am grateful to the right hon. Gentleman for giving me the opportunity to confirm that. I will write to the hon. Member for Foyle, copy my reply to the hon. Member for Rhondda and place it in the Library for the benefit of all hon. Members. [Interruption.]

Oral Answers to Questions

Debate between Mark Harper and Lord Dodds of Duncairn

Tuesday 26th October 2010 Commons Chamber

[Mr Harper]

I very much agree with my hon. Friend. The Government have made it very clear that we think those who make our laws should be elected. Thinking back to the previous question, it is worth saying that of the peers created since this Government came to office, more of them are Labour than represent the coalition parties.

[Mr Nigel Dodds (Belfast North) (DUP)]

Will the Minister explain why he is proceeding with a cross-party, consensual approach to reforming the House of Lords, as is right and proper, yet rushing through other major changes to parliamentary democracy and the way in which we run this country without such usual cross-party consensus and support?

[Mr Harper]

I certainly do not agree with the right hon. Gentleman that we are rushing things through. We have had five days of debate on the Floor of the House and we have another two days on Report next week. Labour Members—albeit not the right hon. Gentleman—voted against our programme motion, which gave the House more time. I simply do not agree with him on this. We have set out our proposals and we hope that this House and the other place will agree with them in due course.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Lord Dodds of Duncairn

Monday 25th October 2010 Commons Chamber

[Mr Harper]

First, I will pick up several issues raised by the hon. Member for Rhondda (Chris Bryant) and other Members, and at the end of my remarks I will ask the Committee to vote for my new clause and new schedules and to vote against all the amendments tabled by the hon. Gentleman. For colleagues requiring a simple way of thinking about it, that is what I am asking them to do, and they can now choose whether they want to listen to the rest of my remarks.

[Mr Dodds]

The Minister says that he is going to recommend to his hon. Friends that they vote against all the amendments. Does that include the amendment about giving priority to the counting of votes for Assembly elections or local elections over the referendum, given that I seem to remember him saying that he would support such a provision?

[Mr Harper]

We had a debate on this earlier, but I do not think that the right hon. Gentleman was in his place at the time. If he can wait until I get to that section of my speech, I will discuss it then. However, we do not think that his amendment is necessary to achieve the outcome on which he and I agree.

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Lord Dodds of Duncairn

Tuesday 19th October 2010 Commons Chamber

[Mr Harper]

As in many of these issues, it is about whether there is a clear mark. If the elector marks the paper in such a way that it is not possible for the returning officer to work out what they intended, it clearly cannot count, so it comes down to whether they have expressed a clear preference. In the case that the hon. Member for Rhondda set out, it would be clear what they had done, so there would be no problem.

[Mr Nigel Dodds (Belfast North) (DUP)]

The Minister talks about the voter expressing a clear preference. The practice in Northern Ireland under the single transferable vote has been that exactly—if a clear preference is shown by an X or a 1. However, new rule 37A(1)(a), in clause 7, says:

“A voter votes by marking the ballot paper with…the number 1 opposite the name of the candidate”,

so where does that flexibility come in if it is in legislation that the number 1 should be used?

Parliamentary Voting System and Constituencies Bill

Debate between Mark Harper and Lord Dodds of Duncairn

Monday 18th October 2010 Commons Chamber

[Mr Harper]

There are three amendments in the group, which seek to clarify the role of the Electoral Commission in providing information about the voting systems on which the public will be asked to vote. I ask hon. Members to support Government amendment 264, which clarifies the Electoral Commission’s role, making it clear that it can make appropriate information available in line with its stated intention to provide strictly factual or neutral information to voters on how the different systems work in practice.

Hon. Members will know that when the Electoral Commission was doing its research on the question, which we debated last week, one important conclusion highlighted the limited knowledge of voters about different voting systems. My hon. Friend the Member for Harwich and North Essex (Mr Jenkin) raised the same point in his remarks. The report acknowledged that the referendum campaigns and media coverage will increase public understanding. The current public awareness role of the Electoral Commission, seen in paragraph 7 of schedule 1, is to provide information about the mechanics of the referendum—how it takes place and how to vote in it. My hon. Friend had a bit of fun with the language earlier, but I am sure we can agree that what is important is the practicalities rather than whether to vote yes or no. We are not going to table an amendment to mandate the answer, I am afraid to say. The Government are, of course, neutral on the result.

The current paragraph 7 of schedule 1 does not necessarily envisage giving factual information about the two voting systems and it is unclear whether the general awareness role in the Political Parties, Elections and Referendums Act 2000 really enabled what was intended, which was to allow the commission to publish information about a voting system that is the subject of a future referendum. We wanted to make the position clear—hence Government amendment 264, so that the Electoral Commission can indeed make that information available.

[Mr Nigel Dodds (Belfast North) (DUP)]

Does the provision in the Government amendment to

“take whatever steps they think appropriate to provide”

in respect of information and so forth include the sort of activity described by the hon. Member for Foyle (Mark Durkan) as applying in the Irish Republic, including putting out rebuttals against claims made by different sides of the argument? If that were the case, we could certainly see the Electoral Commission being dragged into very dangerous political territory indeed.

[Mr Harper]

If the right hon. Gentleman would allow me to make further progress in my response to what I thought were the wise words of my right hon. Friend the Member for Wokingham (Mr Redwood), he would understand the terms of the advice that I would put to the Electoral Commission, which I suspect it would work out for itself, too. I suspect that it would not be tempted down that path. If the right hon. Gentleman does not think that I have answered his question, he is welcome to intervene again.

Amendment 136, moved by the hon. Member for Rhondda (Chris Bryant), deals with the Speaker’s Committee, but I am not at all convinced that that is the right body to be involved here. The Electoral Commission has already presented its plans for public awareness and costs to the Speaker’s Committee, supplying it with information, but given that the Speaker’s Committee is made up of politicians, I am not entirely certain that it is the most appropriate body. When it was said earlier that its views about this particular campaign were not clear, it reinforced the point that it might not be the right body to be involved. Given that two members of the Committee are Ministers, it is difficult to see whether they would be acting in their position as Ministers—the Deputy Prime Minister is an ex officio member, although the Government are neutral about the result of the referendum—or as protagonists. The two Ministers involved have their own views, so I fear that this might drag the Speaker’s Committee into the debate. Hon. Members have already warned of the dangers of bringing the Electoral Commission directly into the debate, so this provides an example of a similar danger.

Individual Electoral Registration

Debate between Mark Harper and Lord Dodds of Duncairn

Wednesday 15th September 2010 Commons Chamber

[Mr Harper]

We have, of course, been working closely with the Electoral Commission. My officials have been working with its officials, and both the Deputy Prime Minister and I have met its chair and chief executive to discuss these matters. I think I can accurately say that they are content with our approach. We plan to keep them involved in the process: we want them both to assess the data-matching pilots and, as we move forward, to comment publicly on the completeness and accuracy of the electoral register so that there is an independent check on the progress the Government make.

[Mr Nigel Dodds (Belfast North) (DUP)]

The experience in Northern Ireland has been mentioned on a number of occasions, and one of the lessons from our experience has been that resources need to be put into the Electoral Office for Northern Ireland—or the local councils here in Britain—to get to people who are hard to reach in terms of registration. Can the Minister give a commitment that resources will be available? Also, I welcome the fact that he says his proposals will be achieved on the basis of consensus-building, working with other political parties and having pre-legislative scrutiny, but why does he not adopt the same approach on other important issues such as fixed-term Parliaments?

[Mr Harper]

The right hon. Gentleman asks a number of questions. On the point about pre-legislative scrutiny, I hope hon. Members will be encouraged by that approach. Whether we can have pre-legislative scrutiny partly comes down to timing. Both my right hon. Friend the Leader of the House and I have explained that point: early in a new Parliament Governments simply have to get on with some things and cannot delay everything. However, we plan to legislate to bring in these proposals in 2014. We will introduce proposals in a draft Bill. Colleagues on both sides of the House will have the chance to scrutinise them, and we will listen to what they have to say before introducing a Bill for scrutiny in both Houses.