Electoral Registration and Administration Bill

Mark Williams Excerpts

Wednesday 23rd May 2012 Commons Chamber

[Mr Harper]

Section 31 grants are specific grants, and the hon. Gentleman needs to be aware of an interesting point: local authorities already fund about one third of the cost of electoral reform, so if we insisted on a specific amount being spent on electoral registration, it would be easy for local authorities that wanted to do so to evade that. They could use the money that we gave them to pay for their business-as-usual electoral registration and not do any of the things that we want them to do. We will give them money directly; we will consult about the mechanism so that we have some accountability; we will recognise that some local authorities have bigger challenges than others so that all the money is not dished out in the first place—we want local authorities that face the biggest challenges to be able to bid for extra funding—and we will try to ensure that we have a workable system that is not too bureaucratic. I am confident that local authorities and electoral registration officers will welcome our announcement about not allowing the money to be swallowed up in the overall revenue support grant by paying direct grants under section 31 of the Local Government Act 2003. They will have the confidence that they have the money to deliver the programme.

We consulted widely on our proposals for individual registration, which have undergone pre-legislative scrutiny. We have worked closely with the Electoral Commission, the Association of Electoral Administrators and groups of front-line staff on our plans. We will begin publishing draft secondary legislation for IER in June, and we will continue to add to the package as the summer progresses, aiming to conclude publication before Parliament returns in the autumn. We will talk to those key groups about the detail of the proposals as we go along.

There will be some matters for which we do not intend to publish draft legislation—for example, those for which we have no current plans to use the powers. There will be other matters on which we want to seek stakeholders’ views about the approach. In the amendment, Labour Members deplore our not publishing secondary legislation and it is therefore worth saying that, for two similar measures—the Electoral Administration Act 2006 and the Political Parties and Elections Act 2009, both of which contain significant powers to be made by regulation—no secondary legislation of any description was published at any stage during their passage. It was all made and published after the Bills had received Royal Assent. On that issue, therefore, the Labour party is very much in the mode of “Do as we say, not as we do.”

The Government’s approach is to treat the House much more seriously, to publish Bills in draft, to carry out pre-legislative scrutiny, and to publish draft legislation while the measure is still going through the House. May I pick up the point that the Chairman of the Political and Constitutional Reform Committee made? Members can see what is proposed while the Bill is undergoing its parliamentary passage. I will take no lectures on that from anyone on the Labour Benches.

So far, I have discussed the measures that we are taking to mitigate the risk of the transition to the new system. There are also several opportunities to do better. The Bill will facilitate online registration, whereby an individual will complete the end-to-end process without having to fill in a paper form. That will make it more convenient for individuals to register to vote, more accessible for, for example, people with visual impairments, and more accessible for young people. It is our intention that the online system will be fully operational when the transition to individual registration begins. As I said yesterday during Deputy Prime Minister’s questions, that is a genuine opportunity, certainly for disabled people.

For example, Scope said that it

“supports the change to a system of IER, and warmly welcomes the Government’s commitment to ensure that disabled people’s needs are taken into account”.

It agrees with our assessment that

“the introduction of IER should improve access for voters with disabilities. The current arrangements do not adequately allow for disabled people’s access needs to be taken into account”,

and that the introduction of IER offers an ideal opportunity to put in place a more accessible system. We intend to do that.

[Mr Mark Williams (Ceredigion) (LD)]

I thank the Parliamentary Secretary for sharing the information about the online system with some of us last week. He will know that one of the concerns that some of us have is about access to national insurance numbers as a means of taking part in that system. There is some difficulty in that people do not readily have access to their national insurance numbers. What suggestions has he for improving that?

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I know that the Parliamentary Secretary is trying to be extremely helpful to the House, and he has taken lots of interventions. However, perhaps he will bear it in mind that he has been speaking for more than 40 minutes, that many Members wish to participate in the debate, and that there will be winding-up speeches.

--- Later in debate ---

[Mr David]

That is a good point, and I shall refer to it later in my speech.

As I was saying, the Government have made positive concessions, but they have not listened on other matters—indeed, they have refused to listen to those who have expressed legitimate concerns about the Bill. Foremost among the Opposition’s concerns and those of many outside the House is the Government’s intention to press ahead with individual elector registration at a breakneck speed. The concern that there will be no carry-over for many postal and proxy votes in the move to a new register has been expressed by a range of disability charities, including Mencap, Sense, the Royal National Institute of Blind People and Scope.

[Mr Mark Williams]

I have read the Scope briefing and share that concern, but is the hon. Gentleman not reassured by what the Minister has said? He said that a very small group of people will not be carried over and that there will be a carry-over of existing absent voters to the new list.

[Mr David]

I am not entirely reassured by what the Minister has said. In fact, I found his comments contradictory and confusing. It is a straightforward matter, and I hope that he provides in his winding-up speech the clarification that the Opposition and organisations such as the Royal National Institute of Blind People want.

There is also a worry that moneys for EROs to support transition have not been adequately ring-fenced. I listened carefully to the Minister. He provided more clarity, but has specifically not stated that the money will be ring-fenced so that it is spent on the purpose for which it is intended, which was a key Political and Constitutional Reform Committee recommendation; I pay warm tribute to the Committee’s work.

Many other concerns are referred to in the reasoned amendment, one of which is the power that the Bill gives to Ministers to cancel annual canvasses. The Government’s argument is that we might at some point no longer need annual canvasses, when registers are complete. The Opposition argue that an annual canvass is needed even if we eventually have high registration levels, because we must always guard against, and be diligent about, any deterioration of the electoral roll.

The Government have made much of their U-turn on civil penalties. I do not want to belittle their volte face, but before the House can make an assessment of the civil penalty that the Government propose, it needs to know exactly how much the penalty will be. The Minister has said in other exchanges that the penalty will be like a parking fine, but the size of parking fines varies enormously across the country. Here in Westminster, they can be as high as £130, but in Rhondda Cynon Taff in south Wales, they can be as low as £25. Nobody wishes large numbers of fines to be issued, but if fines are to be an incentive for people to register, they need to be fixed at a reasonable level, and yet we do not know what that will be.

--- Later in debate ---

[Mr Mark Williams (Ceredigion) (LD)]

It is a pleasure to follow the hon. Member for Sunderland Central (Julie Elliott). She approached this subject in a constructive manner, and I hope to do the same while offering some suggestions as to how the process could be improved.

It would be churlish not to celebrate the differences between the current proposals and the Government’s original announcements in the White Paper and the documents that went to the Select Committee for pre-legislative scrutiny. That demonstrates that the Government have taken account of the consultation and have listened to what representatives from a range of organisations have said. They have made a lot of significant changes to the Bill as a result. Among the most welcome are the changes to ensure that we get as full an electoral register as possible. The negativity of Opposition Members astounds me. This should be an opportunity to enhance the electoral list, and build a bigger list. I am shocked by some of the comments I have heard.

Many of the issues raised in Labour’s Opposition day debate have been addressed. The opt-out provision has been removed from the form. There was a great deal of controversy about that, but the Government listened and responded. The Government have also yielded on the civil penalty issue, and there has been action on the question of the canvass in 2014. As the hon. Member for Epping Forest (Mrs Laing) said, the new individual voter registration scheme enables individuals to register and be responsible for their own vote, rightly taking responsibility away from the head of the household for registering everybody in the household, which was an outdated notion. I understand the point made by the hon. Member for Mitcham and Morden (Siobhain McDonagh) about the importance and significance of mothers, but we must all reach a point in our lives when we can make a judgment on these matters ourselves.

Registering to vote is a civic duty, and having a penalty for those who fail to do so serves to reflect that. That has been in place for almost 100 years, since 1918, when the last Liberal-Conservative coalition introduced a £20 fine, a sum that is equivalent to about £3,500 in today’s money. Since then, with all-party agreement, the House has agreed to maximum fines of £50 in 1969, £100 in 1983, £400 in 1986 and £1,000 in 2001. I welcome the fact that the Government are moving along those lines in respect of civil penalties for individuals. Having no offence would also have meant there was no incentive for local authorities to follow up on hard-to-reach voters, who have as much right to be enfranchised as anyone else.

The Government have also listened to the concerns about the boundary changes, and concessions have been made. The Government are as keen as anyone that we should have a complete and responsive electoral list.

[Mr David]

On that point, does the hon. Gentleman not agree that it would be a good idea if the Government listened to all the informed opinion, and delayed the implementation of a full new register until after the boundary changes?

[Mr Williams]

The Opposition have been wallowing in conspiracy theories in this regard. The Government have made a huge number of concessions in order to ensure we have a complete electoral list on which to base the new boundaries. The Government have responded to the concerns expressed about the use of the register for the jury service pool, and about credit check companies and mortgage providers using it to check an individual’s background. Again, those considerations have been reflected in the changes made by the Government.

I look forward to hearing more from the Government about the level of the penalties that will be set. I share the impatience of the hon. Member for Caerphilly (Mr David) in that regard, but the Government have assured us that during the Bill’s passage, we will have the relevant draft secondary legislation. The hon. Gentleman is right: we need to hear what penalties the Government have in mind and what discussions have taken place on this issue. I will welcome the speedy emergence of that draft secondary legislation.

I am also pleased that the Bill states that the money raised will go to the Treasury, so that local authorities cannot be accused of using the failure to register as a money-making venture. I wonder whether the Minister, my hon. Friend the Member for Somerton and Frome (Mr Heath), can say whether the fine will be on the scale of a parking fine, for example. Will it operate in a similar way—I hesitate to use that example; there are many disreputable car-parking companies in our constituencies—and will the fine increase if payment is not received within two weeks, as happens with some parking fines? If, after one month, the person fined still has not taken any action to register, will the fine be repeated? These are legitimate questions, and we look forward to the speediest possible emergence of that information.

I am very glad that the Government have decided to move the annual canvass from 2013 to 2014, so that the gap between it and mass mailing is shorter. Hopefully, there will therefore be fewer significant changes. I remain a little concerned, however—in the spirit of consensus, this is perhaps another area of agreement between me and the hon. Member for Caerphilly—that clause 6 allows the relevant Minister to abolish the annual canvass. I have heard the rationale behind this provision—that future data matching will be sufficiently developed to ensure that an annual canvass is not necessary—and in that regard the example of Northern Ireland is often cited. I would like clarification of that rationale, but I do note that clause 6 also gives the Minister the power to reinstate the annual canvass.

I am pleased that there will be the opportunity to register online, a positive step that will appeal to a lot of young people. Like the hon. Member for Sunderland Central, I saw the presentation, which was impressive; however, there is a great deal of work to be done. The point has been made—I made it myself in an intervention—about the ease or otherwise with which people can access their own national insurance number. I was surprised to hear the Minister say that only 5% of people could not readily access their NI number. A quick survey of my office in this place revealed that I was the only one out of four people who knew their NI number. I doubt whether most of our constituents study their NI number on their payslips; perhaps they are more inclined to look at the other numbers. We need clarity here, and to develop seamless ways in which people can access their NI number.

As I have said before in this House, it is all very well talking about accessing Government services on the internet in parts of the country where it is easy to do so: for those in west Wales—Ceredigion, for example—the situation is very different. I am afraid that at the moment, 20% of my constituents cannot access anything on the internet—the Government do have the worthy aspiration to roll out broadband across the country—so there are limitations. That is why the traditional method of the annual canvass is so significant in the registration of voters.

I was pleased to learn from the Government that funding will be set aside for each local authority to implement the changes associated with IVR, and that extra money will be available through bidding. We can all envisage places in our constituencies where that extra money would be put to good use.

Ceredigion may not be characterised in the same way that inner-city constituencies have been, but I represent two universities. Students are traditionally hard-to-get-at voters at election time and before. [Interruption.] The hon. Member for Mitcham and Morden (Siobhain McDonagh) speaks from a sedentary position; I have no difficulty in speaking to my student voters, but registering these people is challenging. I am well used to seeing the piles of electoral registration forms heaped up in student pigeonholes in halls of residence and in houses in multiple occupation, of which there are a huge number in my constituency. Huge numbers of forms sit there untended as the months go by. They will require extra resources but, again, the Government have made those resources available and intimated that they will be available.

I reinforce what the Minister said about the value of education. I used to be a teacher, and I believe there is great merit in using the education system, as we have heard has happened in Northern Ireland, to promote the registration of voters from sixth forms. That is a practical way of engaging people in citizenship and assisting local authorities in registering new voters.

I would also like to hear a little more about the dissemination of best practice and the standardisation of electoral registration forms across the country. As the Minister knows, some very good examples are available. We have heard about Sunderland Central’s good record in these matters. In order to please the hon. Member for Vale of Clwyd (Chris Ruane), I wish to mention the example of Denbighshire, which has sent out some extremely effective forms and follow-up forms. We need to disseminate the practice from Denbighshire across other areas of the country. Crucially, such forms need to be bilingual in Wales.

My hon. Friend the Member for North Cornwall (Dan Rogerson) is concerned about the issue of second homes and the prominence of items on electoral registration forms for people who own two residences. I want the civil penalty and the possible penalties that may be levied to have real prominence on those forms.

I also wish to highlight the concerns voiced by Scope, and I await the response from our Front-Bench team on the issue of the carry-over of voters from 2014 to 2015, and on whether all postal and proxy voters have to re-register. I was heartened by what the Minister said about this applying only to those people who have not yet been dealt with through the data-matching pilots. If that is not the case, the prospect of so many people who have been used to having a postal or proxy vote for so many years, election after election, not being included is very alarming. That needs to be addressed.

I sum up by saying that this Government have made huge progress on this Bill. There are still matters that need to be ironed out and that we need to reflect on in Committee, but compared with where we were at the time of the Labour Opposition motion before, the Bill is vastly improved. That is why Government Members will be supporting it tonight.