Draft Representation of the People (Annual Canvass) (Amendment) Regulations 2019

Nick Smith Excerpts

Thursday 31st October 2019 General Committees

[The Parliamentary Secretary, Cabinet Office (Chloe Smith)]

I beg to move,

That the Committee has considered the draft Representation of the People (Annual Canvass) (Amendment) Regulations 2019.

It is a pleasure to serve under your chairmanship, Ms Buck. May I reassure the Committee that, although we are in the midst of thinking about a general election and preparing for it to be run successfully from an administrative perspective, this statutory instrument is not to do with the forthcoming election? I want to make that clear at the outset in case anyone has such thoughts in mind. The changes brought about by the draft regulations, which will first be made use of in the 2020 canvass, will run from July 2020 to December 2020, so what we are talking about now does not come into play for the general election that will follow in a few weeks’ time.

As I am sure hon. Members are aware, the annual canvass is an information-gathering exercise that electoral registration officers are obliged to do every year to ensure that their electoral registers are as complete and accurate as possible. It currently involves sending a form—I am sure hon. Members have filled the forms in themselves—to each residential address with a pre-paid pre-addressed envelope, which households must legally respond to and which ascertains whether the details that the ERO holds for that address are accurate. That is then followed up with a further two written reminders and a household visit if the household does not respond. The point of the process is to find out who lives in a household and then to invite them to register. That is what the canvass does.

The problem we are dealing with today is the one-size-fits-all approach to the annual canvass. It incorporates a lot of prescribed steps and takes little account of differences within and between registration areas. It is heavily paper based, complex to run, and arguably stifling of innovation on the part of the administrators, who do a great job and a lot of hard work. I want to put our appreciation of the administration officers on the record here today.

The process is expensive. It is inefficient for EROs and, crucially, for citizens. It is financially unsustainable in its current form. It is clear that it needs to be improved. We do not want such processes to confuse citizens, and it is citizens we should think about first. If someone has lived at the same property for 30 years, it seems nonsensical to keep completing and returning a form every year that says basically the same thing.

As part of our commitment to make the process of registration as smooth and as simple as possible, we worked with 24 local authorities in 2016 and 2017 to design and deliver pilots across Great Britain to test potential alternatives to the current annual canvass process that could be more efficient and at least as effective—an important point that I want to impress on the Committee. We are aiming for greater efficiency for administrators and citizens, and for the process to be at least as effective, which was one of our main goals.

The evaluation of the pilots provided a strong body of evidence that informed the development of a new, less prescriptive and less burdensome canvass model that will still be an effective audit of the electoral registers. The regulations implement the new model. The most significant change is that it moves away from being one size fits all and instead becomes a more tailored canvass. Households that have not changed since the previous year can follow a more streamlined and cost-effective process, allowing the ERO, crucially, to target their resources where they are most needed. That is important to all of us because we all believe everybody should have their voice and should be able to be registered if they so wish. Of course, we also want to be able to assist administrators to put those resources where they are most needed, targeting those whom we consider the hardest to reach for electoral registration.

Households for which responses and updates will most likely be required will be identified at the outset through a new data-matching step, which will tell the ERO which households likely remain unchanged and which do not. The pilots show that 57% to 83% of households across the pilot sites stayed unchanged from the previous year, and by identifying those properties, the ERO can focus their attention on those that did change and are likely to require additions to the register.

Let me give a few examples of what we are talking about when we talk about under-registered groups. We are talking about people who move home frequently—for example in the private rented sector; young people, including, but not limited to, students; and some groups of a black and ethnic minority background. I am sure we all agree that those groups have absolutely every right to be registered and ought to be the beneficiary of the changes we are talking about.

The data-match step will involve EROs matching their data on registered electors against data held by the Department for Work and Pensions and, where relevant, locally held data sources. Where the ERO’s data on registered electors matches data in a national or locally held dataset, the ERO can have a level of confidence that the details they hold remain accurate.

The ERO will then follow one of three routes for each property, and let me briefly recap what those are. First, the matched properties route will be used for properties where the data shows that the names already held are likely to be complete and accurate. By introducing route 1, we will align the audit of electoral registers with people’s expectations, because, quite understandably, people expect not to have to take action unless an update is required. A burden is also avoided for EROs, because they do not then need to put their resources towards an intensive exercise that is not needed.

Route 2 is for so-called unmatched properties and will be the default route. It will be used for properties where the data-matching exercise shows that there may be a change in the people who are currently registered or not registered for the property. This route is similar to the current canvass process, but the crucial change is that it lets the ERO use e-communications and telephone calls to communicate with electors, instead of hard-copy paper correspondence. I think we can all agree that that is a way to enable greater innovation and greater convenience for citizens as well. I should point out that hard copy may, of course, be still be used; what we are talking about is opening up possibilities, in addition to paper, if that suits an ERO or household.

Route 3 is for defined properties. It is available for properties where the ERO believes they can more effectively and efficiently get the current list of residents using an alternative approach. The ERO will be able to identify a responsible person to give the most up-to-date list of people who should be invited to register in respect of that property. Examples would be care homes or student halls of residence, where a manager might be in a position to provide the ERO with information on those who ought to be invited to register.

I should just note at this point that this is not a proposal for automatic registration. The Opposition Front-Bench spokesman might want to talk about automatic registration, and there is a whole policy debate about the merits or otherwise of it, but this is not that. I point that out, Ms Buck, to help with the scope of this discussion, because automatic registration is not in the scope of what the regulations do—not that you need help; I am just trying to be helpful to the Committee.

In respect of all three routes, the regulations allow for more efficient and modern communication methods. We are talking about emails, text messages, phone calls or, where needed, a short letter encouraging electors to respond using these channels rather than the post.

[Nick Smith (Blaenau Gwent) (Lab)]

We all have experience of this topic, haven’t we? If the ERO thinks that a voter is still in residence and therefore does not need to be part of the annual canvass, but the streamlined process is not responded to—for instance, if an email goes into a junk folder or a phone call from the ERO is missed by the resident—will that person be taken off the electoral register, even though the council may still believe them to be in residence?

[Chloe Smith]

The short answer is no, not immediately. These models retain what we already see in the canvass, which is a number of attempts to ascertain information. Through this change, we are allowing for those attempts to be made more easily. We are not looking to reduce the likelihood that someone is able to get on the register.

[Nick Smith]

The Minister said, “No, not immediately.” What guidance will EROs be given and what further steps will be taken to make sure that a voter is left on the electoral register when the ERO believes them to be still in residence, to ensure that they are not robbed of their vote?

[Chloe Smith]

I welcome that point, because it is incredibly important. I can give the reassurance once again that we are not seeking for people to be taken off the register when they should not be. By the way, may I add that we are not seeking for people to stay on the register when they should not be, if they have genuinely moved home—deletions are, of course, as relevant as additions.

To the hon. Gentleman’s point, I will provide the detail of how many times that can be done. The point is that, in line with the current law, removal would not be done immediately, from the citizen’s perspective. The hon. Gentleman—I want to be clear in my words here—may think that, when I say that it is not immediate, I mean that it is done by some sinister regulation other than the ones we are talking about. I want to be clear that that is not the interpretation. What I mean is that, just as now, the ERO does not immediately remove anybody, but continues to inquire. I will give him the detail of exactly how many times that method is done as I go through other details in my remarks.

I also want to cover the scope of these provisions. They relate only to the parliamentary registers across Great Britain and the local government register in England. Responsibility for the registers for local government is devolved in Scotland and Wales, so the final policy that hon. Members see in front of them today has been agreed over many months between myself, the Member who covered my maternity leave, and counterparts in the Scottish and Welsh Governments. It will be for the Welsh and Scottish Governments to introduce complementary legislation to cover the registers in Wales and Scotland.

I am grateful for that cross-party and cross-institution collaboration. Officials from the three Governments have worked closely to enable these statutory instruments to be produced. Those are due to be laid in their respective legislatures in the coming weeks. That will allow the reforms to be in place across the Great Britain registers by the beginning of 2020. It is helpful to remind the Committee that this shows that we can do that kind of work between Administrations. I fully welcome that as a way of being able to maintain complete and accurate registers for all electors across Great Britain.

I want to say a quick word on the support of administrators for these measures. EROs fully support these reforms. Given their frontline experience administering the process year on year, they are best placed to understand how important it is to modernise it. These regulations are the culmination of three years of collaboration with stakeholders such as the Association of Electoral Administrators and the Scottish Assessors Association, which represent EROs and administrators. A public consultation was also run on the regulations, gathering responses from administrators throughout the country. I am grateful that my officials visited every region of Great Britain to present the proposed reforms to groups of administrators ahead of the publication of the final statement of canvass reform policy in September.

The feedback from the electoral community about these reforms has been very positive. For example, the chief executive of the Association of Electoral Administrators, Mr Peter Stanyon, noted that

“using data to deliver a better experience for citizens is the right approach to take…It will also deliver much needed cost savings to local authorities.”

We have also worked closely with the Electoral Commission, as per section 8 of the Electoral Registration and Administration Act 2013, and its response is overwhelmingly positive. It supports the regulations, saying:

“The canvass reform proposals should result in greater efficiency, allowing Electoral Registration Officers (EROs) to focus their increasingly limited resources on areas of greatest need thereby better meeting the objective of the canvass.”

After its consultation, the Information Commissioner’s Office also supports the scheme.

Today’s reforms bring up to date a process that is no longer fit for purpose. The regulations give EROs greater flexibility to decide how to canvass their local areas. They provide them with opportunities to identify where greater efficiencies can be made locally, and make the citizen experience more streamlined and user-friendly. The regulations also incorporate the safeguards that the hon. Member for Blaenau Gwent has quite rightly been asking about, which can be expected to continue to apply for citizens. Before making any removals, an ERO must find a second source of information, or conduct a review, which includes a legal process.

I assure the hon. Gentleman that non-response to the canvass does not lead to deletion. There are also safeguards in place for unread emails or unanswered telephone calls; for example, when email is used, the elector must respond. If no response is received, a letter is sent to make sure that the email is not in a junk folder, for example. This is all geared towards residents not missing out on updating their records, and the same is true for telephones. There is further detail in the policy statement, the impact assessment, and all the other documentation that goes alongside these reforms, which I hope will reassure the Committee that there will not be a reduction in the level of the service for ensuring citizens are not removed incorrectly.

Of course, I will answer any further questions the Committee may have about these regulations. However, I remind Members that we are looking to make greater efficiencies for both administrators, who sorely need them, and citizens, who quite rightly expect this process to be streamlined and user-friendly. If we do not pass these regulations, we are condemning citizens to continual greater inefficiency, and administrators to a further round of a costly process.

We are aiming to make changes that are ready for the canvass in 2020. Making those changes today will enable the data-matching step to be done in early 2020, and the canvass in 2020 to be run using those improvements. Not passing these regulations will lead to another year of greater cost and inefficiency, which is unfair to administrators and deeply unfair to citizens, who could have had better.

These regulations are uncontentious. They are largely highly technical, and they have the support of all the major stakeholders in this sector, including cross-party, cross-political support from the Welsh and Scottish Governments.

--- Later in debate ---

[Chloe Smith]

In that case, I am glad that the hon. Gentleman agrees; his first argument has fallen away. These pilots provide a better experience for under-registered groups. They show no negative impact on under-registered groups and EROs agreed that they had more resource available to target those groups. We should all surely support that.

I can give a few more points of detail that may be helpful. For example, let us look at attainers, who are the group coming towards the age of being able to vote; this is not an argument about whether that ought to be 16 or 18, but about those who attain the age for voting. The reform allows EROs to be helped to get data that will help them to work out where and who those young people are, and to invite them to register. It is about helping EROs get better quality data that they can use to target their work where it is most needed, and to get people on to the register.

[Nick Smith (Blaenau Gwent) (Lab)]

Does that mean the Department for Work and Pensions will give the attainer’s national insurance number to EROs to help boost electoral registration? My very good Blaenau Gwent ERO told me that Blaenau Gwent council has found that, when young people try to register to vote, that voter registration effort fails because they may not have an NI number. Therefore, there is under-representation of young people because that important data is not woven into the system.

[Chloe Smith]

The short answer is yes. Today’s data-matching step allows for those data fields—national insurance is one example, but other information is held in the DWP’s customer information system and in locally available sources, which I covered in my earlier remark. There is the potential to use those datasets to reach people who have not yet been identified to be invited to register to vote. That is exactly the point of what we are discussing. These regulations allow that data- matching approach, which is what the hon. Gentleman’s —I am sure excellent—registration officer has been searching for. We are enabling that improvement today. It is a mystery to me why his colleague, the hon. Member for City of Chester, indicates that he would not wish to support that. Voting against this instrument condemns the Blaenau Gwent registration officer to continue fumbling around in the dark.

[Nick Smith]

I do not speak on behalf of my colleague; he is more than able to do speak for himself. Our general fear is that the Minister is rushing her fences. It would have been much better to have more time to consider the regulations and deal with them after the general election, in anticipation of the annual registration drive in the autumn of next year. I understand that there are technical reasons that make it difficult for the Government, but a longer run-in would help to address the very real concerns we have about under-registration, as well as the need to involve people and boost electoral registration.

If the voter is thought to be in residence, but the follow-up, streamlined measures do not lead to registration, as the Minister mentioned, will there be a household visit at that place, similar to an annual register, but targeted at those people—

[The Chair]

Order. Interventions need to be fairly brief.

[Nick Smith]

I apologise—I will be succinct. Will there be a household visit to pursue those people who may not have responded to the streamlined measures the Minister outlined?

[Chloe Smith]

Yes, household visits remain in the system. I can clarify that we are talking about omitting the household visit only in route 1, which is where there is no change in a household. Why should people visit a household where they have been told there is no change? That seems to be good common sense. Routes 2 and 3 still include household visits in the mix of methods available. I hope that is helpful to the Committee.

Let me add a little further detail to the points about national insurance numbers. We have worked with HMRC to put a “register to vote” prompt on the issuing of national insurance numbers for 16-year-olds who might be getting those numbers. If it would be helpful, I would be happy to write to the Committee to be more precise on exactly which national datasets are in hand. I do not wish to confuse the Committee in any way about the types of data available from DWP and HMRC. I want to be able to get that right, so I will write to Members to confirm it.

Let me move on to a few other points that were made. The hon. Member for City of Chester asked whether this statutory instrument has been rushed. I understand why the argument arises, because here we are in the few days before the Dissolution of the House of Commons. As I explained, the substance of the statutory instrument is not to do with the general election, but I understand that we are having to debate it with fewer days’ notice than would otherwise have been the case.

As I explained, the passing of this instrument and the equivalent ones in the other legislatures was always going to be this autumn; we are talking about only a matter of days or weeks’ change. I cannot speak for the usual channels about exactly when the Committee would have been scheduled for, but the relatively short notice given in inviting hon. Members to join the Committee was more to do with Dissolution procedures than anything intrinsic to this statutory instrument. It is not being rushed through the House; it would always have been in front of the House this autumn.

Let me remake the point that three years’ work has gone into this exercise, including considerable consultation and joint working between Administrations. That is the very opposite of being rushed. This has arguably been a slow, methodical process. I hope that reassures the Committee.

I want to go on to the impact of not passing the regulations today, and I want to use the Electoral Commission’s words. It says in its consultation response summary that

“the success of canvass reform is highly dependent on new data-sharing mechanisms and careful planning and implementation activities being completed in good time ahead of the start of the 2020 annual canvass, which will commence from July 2020.”

In other words, if we do not agree to the regulations today, we will be depriving those hard-working electoral registration officers of being able to do data sharing—which is to the greater good—careful planning and implementation activities. That would be foolish.

The Electoral Commission reminds us:

“Under the current rigid statutory requirements for the canvass, EROs have to carry out the same steps…even if there has been no change…This means that EROs are unable to focus their resources in areas of greatest need, and a disproportionate amount of resource is required to be directed at…activity which does not identify eligible electors…We do not believe that the current system is meeting the objective of the canvass as well as it should, nor do we believe the model is sustainable in the short to medium term.”

That is the cost of voting against the instrument. It would be foolish to do so.