Electoral Registration and Administration Bill

Mike Weir Excerpts

Monday 25th June 2012 Commons Chamber

[Chris Ruane]

The question I drafted on the train from Rhyl to Euston this morning expands on my hon. Friend’s point. It asks what assessment the Minister has made—he might want to think about this overnight—of the reasons why 36% of the British public think that there is electoral fraud, on the impact of Ministers and Government MPs talking about electoral fraud and on its coverage in the media—

[The Temporary Chair (Mr Mike Weir)]

Order. I ask the hon. Gentleman to come back to the amendments. I have been rather lenient, but he is going very wide of the subject now.

[Chris Ruane]

You have been very lenient, Mr Weir, and have let me rabbit on for a few minutes.

I give the Government credit for their recognition of representations from both sides of the House, civic society, the police, the Electoral Reform Society, Unlock Democracy, the courts and so on. They have listened, but this was all unnecessary. If they had stuck to Labour’s 2015 timetable, we would not have been discussing the matter today and would perhaps have been discussing the economy, growth or other such issues.

--- Later in debate ---

[Mr Allen]

I beg to move amendment 33, page 5, line 12, after ‘penalty’, insert ‘of £500’.

The amendment would provide that the fine for failing to comply with a requirement to make an application to be on the electoral register would be set at £500.

[The Temporary Chair (Mr Mike Weir)]

With this it will be convenient to discuss the following:

Amendment 14, page 5, line 14, at end insert—

‘(7A) The civil penalty shall be £100.’.

Amendment 15, in schedule 3, page 19, leave out lines 9 and 10.

[Mr Allen]

It is a great pleasure to speak again on these very important issues and, in particular, on the amendments before us, regarding the civic duty that we all have to vote, and the question of what a society does when, in a voluntaristic democracy, some individuals consistently refuse to play by the rules, to play their part and to carry out their share of the democratic duty that should fall on all of us.

We have heard a lot about the sacrifices that people have made, and I will not go over those issues again, but, when one looks at the history books and sees what sacrifices people made to achieve the vote, one finds that it adds great resonance to our debate. We have all had the experience of people who say, “Well, I don’t bother. I don’t even register. A plague on all your houses —it doesn’t mean anything to me.” As far as I am concerned, that is breaking the social contract that we all have when we commit to serving our democracy. If we do not maintain, hone and develop that social contract, we leave the door open for those who would take away our very democracy.

Therefore, on behalf of the Political and Constitutional Reform Committee, I am taking what might at first sight appear to be a rather draconian view. It is that, in extreme circumstances, after many warnings and much discussion, there should be a power—a reserve power—to fine those who deliberately flout the rules and regulations of registration.

--- Later in debate ---

[Mr Harper]

I am not going to labour the point—

[The Temporary Chair (Mr Mike Weir)]

Order. Before the Minister gets too far into this, let me remind the Committee that we are not debating the secondary legislation at this point. Let us debate what is before the Committee. The Minister can reply if he wants to, but I hope he will shortly bring us back to the main subject.

[Mr Harper]

That is a good steer, Mr Weir. Let me make the point in passing that the 2009 Act to which the hon. Member for Vale of Clwyd (Chris Ruane) referred was not uncontroversial. We voted against it by way of a reasoned amendment because it did not include provisions on individual electoral registration. They were put in only when the Bill went to the other place, so I think we have done very well. Let me clarify what we have done. We have added to the secondary legislation and put in provisions setting out the steps the registration officer should take before insisting on a penalty and we have set out some information about the penalty, to which I shall return in a few moments.

Let me explain, as the hon. Member for Caerphilly mentioned it, that “agile methodology” is a way of developing information technology—the way it is done in the private sector—in order to avoid complicated and massive IT systems that cost a fortune, do not work and then have to be scrapped. We have learned much from how the previous Government operated; this is the way in which this Government will develop IT systems, and I think that they will be much more successful.

Picking up on the point raised by my hon. Friend the Member for Aldridge-Brownhills (Mr Shepherd), let me be clear from the beginning that we are talking about registration; we are absolutely not talking about imposing a penalty for not voting. Voting is voluntary and it will remain voluntary. While this Government are in office, there will be no proposals to change that. I am always disappointed when people do not vote, but they absolutely have the right not to, and it is our job as politicians to give them reasons for going out to vote or use their postal vote and to ensure that there is no obstacle to their doing so. If they do not vote, it will be because we have not given them sufficiently compelling reasons either to vote for us or against us, depending on their point of view. That remains the case.

It is worth setting out—it is a bit of a stand part debate, but it is relevant to the amendments—how we have arrived at this point. Members will know that it is not now and will not be in the future a specific offence not to register to vote in the first instance. The current position is that if people do not respond to the household form or, indeed, other inquiries that the electoral registration officer makes—this is the current way of getting on the electoral register—it is a criminal offence with a penalty of up to £1,000. We have no plans to change that; it will remain in place.

The question we faced with the invitation to register was whether to have a penalty. The hon. Member for Caerphilly is quite right that when the draft Bill was first published, it did not include a penalty. Several hon. Members have touched on the public policy reasons justifying a penalty. Some aspects of registration affect other people. First, the register provides the source of jurors, and it is important to have balanced juries made up of a proper cross-section of adult electors. Secondly, electoral registers can affect boundary changes—not just parliamentary boundary changes, but local ones as well, as highlighted by several hon. Members. That is why we decided it made sense to have a civil penalty, which was also in response to the Select Committee’s report and some of the evidence that was taken.

As for the amendments—the Select Committee’s amendment 33 and amendment 14 from the hon. Member for Caerphilly—regardless of the amounts specified, I do not believe it sensible to put the civil penalty directly in the Bill, as this would be better done through secondary legislation. I hesitate to correct the hon. Member for Nottingham North (Mr Allen), the Chairman of the Select Committee, but these matters are not at the diktat of the Minister. All the Bill’s powers are made by Ministers, but they all have to be approved by way of affirmative resolutions by both Houses. There is proper parliamentary control over the exercise of that Executive power.

I hope that both hon. Members will withdraw their amendments; as I said, it is not appropriate to put the figures directly on the face of the Bill rather than implement them through secondary legislation. As for how we get to the figure for the penalty, I am afraid that the hon. Member for Caerphilly is going to remain disappointed for today, as I do not propose to pluck a figure out of the air. The process we want to adopt is one that we have done all the way through—we are going to listen to people. We have explained how we will go about this. We think that the analogy with parking fines is sensible. The hon. Member for Caerphilly observed that there was a range of parking fines across the country, but the range is fairly narrow. A parking fine is not £500; it is about £40 at the lower end and £130 at the higher end.

There are some good arguments in favour of setting the fine at the higher level, for instance to reflect the importance of the matter and to ensure that it is a proper deterrent, but there are also arguments in favour of setting it at the lower level. Unlike the £1,000 fine issued by magistrates who can take into account the circumstances of voters—both the extent to which they believe them to be culpable and their financial resources—this will be a fixed penalty. It should also be borne in mind that although the criminal penalty involves a maximum fine of £1,000, the fines that are actually issued are usually much lower. During the 2011 canvass, the London borough of Hounslow successfully prosecuted 10 people for not providing the information required, but the average fine issued was £125. That was because magistrates were able to take various factors into account. This penalty will be fixed throughout the country, and when it is issued it will not be possible for the electoral registration officer to alter it.

We have listed a number of factors that should guide the arguments in favour of a higher or lower level, given broadly the same range as that which applies to parking fines, and we will do some targeted work with our stakeholders and consider their responses. I suspect that some will favour a reasonably high number for encouragement purposes, while others will be a little concerned about the potential impact.

I have listened carefully to the arguments that have been advanced today. I think that the hon. Member for Caerphilly’s proposal is at least in the ball park of the parking fine system, while the figure suggested by the hon. Member for Nottingham North on behalf of his Select Committee is rather on the high side. We will draw our conclusions, and Members will be able to see what we have come up with.

I should also say, in response to a point made by both the hon. Member for Caerphilly—who referred to the impact assessment—and the hon. Member for Nottingham North, that this is not the first course to which electoral registration officers should resort. We do not want them running around the country handing out fines like confetti; indeed, in an ideal world we would not want fines at all.

Those who receive parking fines can usually reduce them by paying promptly, but they cannot reduce them to zero. In this instance, everyone who incurs a civil penalty—and we hope that the number will be no more than the 100 a year or so who incur criminal penalties—will be able to reduce the amount to zero by registering to vote. If they register as a result of incurring the penalty, the electoral registration officer will be able to waive it. The purpose is to persuade people to register, not to issue fines. The Bill will prevent registration officers from keeping the money, so that they are not tempted, and so that people do not think that they are issuing the fines in order to use them as a revenue generation exercise, which would be just as bad.

We will specify—and have set out in draft regulations—what registration officers must do. They must issue the invitation, send reminders and send a door-to-door canvasser, and they must be satisfied that the individual has received the invitation and still resides at the address involved. Only when they have done all that can they tell people that they will issue a notice, and that if they do not register after that, a penalty will be incurred.