Oliver Letwin
Main Page: Oliver Letwin (Independent - West Dorset)
The Chancellor of the Duchy of Lancaster (Mr Oliver Letwin)
I beg to move,
That the draft European Union Referendum (Voter Registration) Regulations 2016, which were laid before this House on 8 June, be approved.
It will probably help the House if I restrict my remarks simply to explaining the nature of this statutory instrument, as the issues it raises will no doubt be debated in the ensuing discussion. The House will already be aware that on Tuesday night, between 9pm and 10pm, there was a huge surge of applications for registration—three times as many in one hour as have ever been experienced—and that, as a consequence, the website crashed at around 10 o’clock. Therefore, there were two hours during which it was lawful to apply to register in time to vote at the referendum, but people were denied that opportunity. The House will also be aware that it is the Government’s intention, following the strong cross-party support and the Electoral Commission’s approval, to introduce legislation to enable people to apply for registration up to midnight tonight and, if they are registered, to vote in the referendum. I want to explain to the House how the statutory instrument will achieve that.
Mr Philip Hollobone (Kettering) (Con)
I am listening to my right hon. Friend with great interest. He says that the website was down for two hours. What was the hourly rate of applications, and therefore what is his official estimate of the number of people who wanted to register in that timeframe but were unable to do so?
Mr Letwin
My hon. Friend asks a very good question. Unfortunately, I can give him only a very partial answer. We know as a fact that there were, if memory serves, 214,000 applications in the hour leading up to the crash. What we cannot know, because it is in the nature of the computer system that it cannot tell us, is how many people either tried or would have tried to apply during the succeeding 90 minutes or so during which they were unable to apply. The answer is therefore that I cannot tell.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
Have the Government made any inquiries, assessment or technical analysis of whether there is any possibility that some malevolent attack was made on the website at that time, as opposed to there being an incredibly unusual spike in the numbers?
Mr Letwin
My hon. Friend will very much recognise that I am not a technical expert on computing, but I am advised by those in the Cabinet Office and the Government Digital Service that, as far as they can make out, there was no untoward event whatsoever. There was simply an incapacity of the system to handle that number of applications. The system is designed to be scoped to deal with a certain number of simultaneous events, and that number was exceeded during that period, so in retrospect, it was not surprising that it fell over. I should add that since that time, as the very first lesson learned, the website has been altered so that it has a larger capacity—I think almost twice as much capacity—to be able to deal with a higher number of simultaneous events than previously.
Philip Davies (Shipley) (Con)
I think the question that most people want answering is: what is the rationale for extending the period for voter registration by 48 hours, given that when the system crashed it deprived people of the opportunity to register for two hours? Why not 24 hours or 72 hours—why 48 hours?
Mr Letwin
That is another very good question that I am very happy to answer for my hon. Friend. If we had been able to work out more quickly how to bring forward legally watertight legislation—in two or three hours, rather than 24 hours—it would have been possible to introduce the statutory instrument yesterday, and it might then have been possible to have an extension for a 24-hour period. We are anxious that the legislation should not be in any way retrospective, and it therefore makes sense that it should apply from midnight tonight, after the time at which this House and the other place will, I hope, have passed the statutory instrument. In the meanwhile, we have of course been doing our utmost to promulgate the fact that people can apply to register during this period and will still be able to vote in the referendum, thereby correcting the error that occurred as a result of the crash.
Mr Nigel Dodds (Belfast North) (DUP)
The Minister is being very generous in giving way. The message did get out in Northern Ireland—the chief electoral officer for Northern Ireland promoted it, saying that people could still register beyond the deadline—only for a sudden reverse to take place later, so that it now does not apply to Northern Ireland. Why the shambles? What went on in terms of consultation with the chief electoral officer for Northern Ireland? Why are citizens in Northern Ireland being deprived of this extra opportunity? I know we do not have the digital system, but having been told that by the chief electoral officer and the Government, people had such an expectation. This is a UK-wide referendum, so why is there a difference?
Mr Letwin
I apologise to the right hon. Gentleman for the fact that the Electoral Commission in Northern Ireland did indeed issue a statement of the kind he describes. I do not know quite why it was issued, but that body is of course independent of us. As I think he is entirely aware, discussions went on yesterday about whether this should or should not include Northern Ireland. The answer to his question is the answer that he himself indicated: there is not an online system in Northern Ireland, and therefore the thing we are correcting did not go wrong in Northern Ireland. He would need to discuss with my colleagues in the Norther Ireland Office whether it would have been sensible nevertheless to extend this, but their view was that it would not be.
Tom Brake (Carshalton and Wallington) (LD)
One of the big bugbears in the issue of electoral registration is the fact that people have to register some distance away from the actual election date. I am very pleased that the Government have now found that it is possible to shorten that period. Is it their intention that there may also be a shorter period for future elections so as to give people more time to register in advance of them?
Danny Kinahan
I want to emphasise the same point as the right hon. Member for Belfast North (Mr Dodds). In future, can we look to having something whereby the whole of the United Kingdom is on the same digital system and everything works together, because then all the electorate will understand it?
Mr Letwin
I can certainly give the hon. Gentleman that comfort. Northern Ireland will shortly move to an online registration system, and it is clearly desirable that it should do so.
Let me briefly explain how this statutory instrument achieves the intended effect and avoids a problem that was raised by my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), the Chairman of the Public Administration and Constitutional Affairs Committee, when the matter was discussed yesterday. Our aim is to enable those who are applying to register up to midnight tonight to register to vote, if they are eligible, in the referendum on 23 June. That moves that date forward by 48 hours—two working days. The statutory instrument achieves that by taking an entire block of time, which used to elapse between midnight last Tuesday and midnight on 16 June, and moving it lock, stock and barrel, without changing any of the relationships within it, two working days forward. That is why, if Members look at the statutory instrument, they will see that it inserts in a whole series of pieces of legislation a date of 20 June, which would previously, either actually or in effect, have been 16 June. The reason why 16 June to 20 June is seen as two days rather than four is that the whole of our legislation is constructed around working days, and the Saturday and Sunday— 18 and 19 June—are therefore excluded. So we have taken a block of time and moved it two working days forward. The net effect of that is twofold, and only twofold. First, it achieves the intended effect of ensuring that people can register to vote in the referendum if they do so by midnight tonight; and, secondly, it means that the registers will be published at the end of the process by midnight on 20 June rather than by midnight on Thursday 16 June. No harm to mankind arises from the delay in the register being published.
The reason the SI solves the problem that was very rightly and acutely raised by my hon. Friend the Chairman of the Select Committee is that we retain the full five-day period for objections to applications, and indeed all the other aspects of the process, inside that block of time, because those relativities are not altered. I think that that is what led to the question from the right hon. Member for Carshalton and Wallington (Tom Brake) about whether we could do exactly the same thing in future now that we have discovered that it does not cause any harm at the end of the process.
Henry Smith (Crawley) (Con)
I very much welcome the fact that we are allowing people ease of registering to vote; I think we all agree with that as democrats. On the checking of who is eligible to vote, with large numbers seeking to be on the electoral roll, I have had a number of reports in my constituency of EU nationals being sent postal voting papers, and last night somebody called me to say that their 17-year-old daughter had received voting papers. What sort of assistance will be provided to electoral services officers and returning officers to ensure that the vote is secure in that sense?
Mr Letwin
First, nothing that we are doing in any way affects any of that, because the blocks of time are unaffected and therefore all the processes have the same amount of time in which to take place as they would have done previously. Secondly, there has been, in a few cases, a problem with the issue of votes to people who were not eligible to vote. That problem has been inspected and cured. We need to make sure that in future elections it does not happen. Thirdly, I have no knowledge of what might have happened to someone who is 17. I am sure that if my hon. Friend takes that up with my hon. Friend the Member for Weston-super-Mare (John Penrose), the Minister with responsibility for constitutional affairs, the Minister will be delighted to look into it immediately.
Dr Liam Fox (North Somerset) (Con)
My right hon. Friend says that the problem of ballot papers being issued to those who are not eligible to take part in this election has been identified and cured. Can he therefore give us an idea of the scale of the problem? How many of these wrong ballot papers were issued?
Mr David Nuttall (Bury North) (Con)
Can my right hon. Friend confirm that paper applications will also be considered even though they may have arrived in the post yesterday morning or this morning, in the same way as late applications made online will be considered?
Jim Shannon
There is a knock-on effect from the registration for postal votes. As we heard in the news this morning, some people have voted already in mainland UK, whereas others in Northern Ireland have not. A large number of Northern Irish supporters are going to the European finals—the indication is that it will be some 20,000 people—and their postal votes could arrive on any date between 9 and 16 June, which means that those people will be away when their postal votes arrive. In the light of what my right hon. Friend the Member for Belfast North (Mr Dodds) has said, there seems to be a bit of chaos in the system. What discussions has the Minister had with the chief electoral officer for Northern Ireland to clarify those matters, get them sorted out and ensure that people who want to vote can vote?
Mr Letwin
There are two separate issues here. There is the question whether this statutory instrument has any effect on postal voting deadlines, and the answer to that is no, none whatsoever. They remain entirely intact. If there are people in Great Britain who are now able to register but who cannot get postal votes, they can take proxy votes instead. The deadline for proxy votes has not yet evaporated; it will be reached on 15 June, if memory serves. I have not had direct discussions with the Electoral Commission in Northern Ireland about the specific issues that the hon. Gentleman raises, and I suggest that he take them up with my colleagues in the Northern Ireland Office.
I am conscious of the fact that I am using up time that needs to be used by the House for debate, so I will close by saying simply this. We have, of course, taken advice from our own lawyers—I had extensive discussions with the most senior figures in the Government legal service over a number of hours, as the House might imagine, yesterday—and from not only the Electoral Commission but, through it, its lawyers. We are absolutely convinced that we can do this by statutory instrument within the powers given us under the statutes, and that therefore this is a legally watertight measure. I hope that it will command the support of this House and the House of Lords in time for it to become effective before midnight tonight.
Dr Liam Fox (North Somerset) (Con)
Most of us, from whatever side of the argument, accept that the greater the number of voters who take part in the referendum, the better, because a high turnout, with more voters participating, gives the result added legitimacy.
The hon. Member for Walsall South (Valerie Vaz) is right that student preoccupations are many and diverse. They do not always involve study or graduation—certainly in my experience. However, perhaps one of the lessons for the future is that leaving registration until the last two hours possible may not be the wisest thing to do. Perhaps those who follow these proceedings will in future decide to register in plenty of time if they want to have their vote.
The sad tale of Government, the public sector and IT continues. This is yet another chapter in it. My right hon. Friend the Chancellor of the Duchy of Lancaster said that, given the demand on the system, it was unsurprising that it crashed. I am very surprised that it crashed, so I would like to know one or two things. First, how much load testing was done? Why did not we anticipate that, when people realised that the referendum was getting closer, they would want to register? Why was sufficient provision not made in the system to allow for a spike in demand? That happened before the general election—it is not unprecedented. Why did the Electoral Commission not make sufficient arrangements to determine whether its system could cope with the demand? How do we know that it will not happen again? If we have another deadline tonight, how do we know that the system will not crash in exactly the same way?
Mr Letwin
It might help if I answer that point now. A massive amount of load testing was done, and the system was tested with the assumption that we would not face anything like the extent of the difference between what had been experienced previously—for example, at the general election—and now. This spike was three times as intense as the one that occurred before the general election. For today and yesterday the system has been made twice as capacious as it was previously, and we would now have to have about six times as many applications as were made at the general election before the system crashed again. I profoundly hope that that will not happen.
Dr Fox
We also hope that such a crash will not happen again.
I would be grateful if my right hon. Friend provided further information either today, or to the House in due course. First, how many of these are duplicate applications? There is clearly a problem, and a lot of voters believe from the literature provided by the Electoral Commission that registering for the referendum is different from registering for the general election or any other election. A lot of voters have said to me, “I’m registered for the general election. Do I have to register separately for the referendum?” The information given by the Electoral Commission was less than clear, and I wonder how many of the applications are in fact duplicates from people who are mistakenly asking whether they are already registered.
Mr Letwin
My right hon. Friend is asking pertinent questions, and it will be useful to have them answered for the rest of the debate. We do not and cannot know how many applications are duplicates, because until they have been verified we do not know whether those people were already on the register. Anecdotally, we think that a large proportion of applications may be duplicates, but we will know that in aggregate only once we see the published register and compare it with previous registers.
Dr Fox
An important lesson will be to see whether a larger number of people register for the referendum than for the general election. If it is a much larger number, it suggests that the clarity and instruction given by the Electoral Commission had a good deal missing, which would be an interesting lesson for us all. On the competence of the Electoral Commission, let me return to the point that I raised earlier about ballot papers being sent to those who are not entitled to vote in the referendum. I am pleased that my right hon. Friend said that issue was identified and cured, and I wonder whether in due course a list can be published of those local authorities that say they had no problem, and of those that did have a problem, so that we can see exactly where the problem occurred across the country and its extent. I would be interested to know whether for some of those local authorities that said they had no problem that genuinely turned out to be the case, or whether it was an estimate about whether there was a problem or not. If the issue is so difficult to identify, it is difficult to believe that people can be so sure that they did not make mistakes in sending out those ballot papers.
I totally accept that this is a legally watertight mechanism, but to legislate for an electoral process during the election itself is not a precedent with which I feel entirely comfortable. I understand the emergency nature of this legislation, and I want as many people to participate as possible. I understand why the crash happened in terms of the technology, but I do not find it easy to agree to in effect changing the rules of any part of an election during the electoral process. We must be careful to state that this is an emergency procedure, and that we are not in any way accepting a precedent for Governments of the future to introduce changes to the rules while the game is in play.
Mr Hollobone
I am grateful for your wise counsel, Mr Speaker.
The instrument amends the European Union Referendum Act 2015, which specified what we all assumed at the time was the last possible date for registration. One of the worrying aspects of this revision is the fact that we are now being told that it will be possible to register two days after what the Government had told us would be the last possible date. I fear that the Government inadvertently misled the House. Surely, if the aim is to encourage more people to register, it is desirable to specify the last possible date, which is what we have now arrived at by means of the instrument. I urge the Government, when it comes to future elections, to ensure that “the last possible registration date” means precisely that.
I understand that the instrument does not change the postal vote application deadline. There will be instances in which people apply for postal votes without being on the electoral register, and assume that they will be given postal votes because they are registering today. My understanding is that they will not qualify for postal votes, because it is not possible to apply for a postal vote without being registered.
Mr Letwin
I am sorry to intervene, but I think it would be helpful for me to do so at this stage. My hon. Friend has asked a serious question, but what he has said is not accurate. I asked the same question myself, because it is a fine point.
It is not, in fact, necessary to be registered to apply for a postal vote, although it is obviously necessary to be registered in order to receive and exercise that vote. Those who applied for postal votes in time for the postal vote deadline, and are now able to register in time for the new registration deadline, will qualify for postal votes.
Mr Hollobone
I am most grateful for that clarification. We have ended up with the right result, even if it is the wrong way round.
I am concerned about an aspect of student voting, although I hope the Minister will tell me that I have got it wrong. It is great that so many young people are signing up to take part in the referendum, and of course many participants on both sides will be very enthusiastic. First-time voters, in particular, may not appreciate a fairly simple point that many other voters do appreciate, which is that even if people are registered twice, they cannot vote twice. There is a serious point to be made here. My understanding is that voting twice is a criminal offence, and that it is the police who investigate it. I think it would be a great shame if students ended up being investigated by the police because, in their enthusiasm and naivety, they voted twice.
Mr Hollobone
I have already said that twice, but I am happy to say it again. I think it is great that we are seeing loads more people signing up to the electoral register, especially young people. If it were up to the hon. Gentleman’s party, or the other party, we would not be seeing that at all.
The instrument makes it clear that there will be a post-match analysis, and that the Electoral Commission will have to produce a report on the conduct of the referendum. This is a serious point: the Electoral Commission will be writing a report about what the Electoral Commission has done in the referendum. Now, that is fine—that is one piece of evidence—but there is no provision in the statute for another investigation to be conducted.
This is a matter for my hon. Friend the Member for Harwich and North Essex (Mr Jenkin). I think that, whatever the result of the referendum, it will be an urgent priority for his Committee to initiate an investigation of not just this matter, but the way in which the system has worked in general. I understand that there are issues involving the electoral arrangements as a whole—not just registration, but the way in which the referendum is being handled—owing to the scale of the challenge confronting registration officers, and those who conduct the referendum itself. I urge my hon. Friend and his Committee to begin that work as soon as possible after the referendum. The Minister helpfully said that there were 214,000 applications to register in the hour before the crash. I think I am right in saying that the down time of the crash was one hour and a quarter.
Mr Hollobone
Right. None of us knows, but it would be reasonable to assume that about 400,000 possible registrants were not able to register. To make up for this down time—I am not saying that this is wrong; I am just pointing it out—we are effectively extending the registration period for two days. It is very important that Her Majesty’s Government publish the number of registrants in that two-day period. Effectively, they are stopping the registration clock as of midnight two days ago, and they will publish the numbers of applicants for the two preceding days.
Mr Hollobone
I am grateful for that. It is great to have the latest information here in the House.
I close on this point—I keep reiterating it, but, as usual, the Government do not seem to listen—why do we not have the simple system whereby every time a member of the public is in contact with a Government agency of some sort, whether it be a local authority or the benefits department, they are asked the question by a Government official, “Are you on your local electoral register. This is how you apply, and we encourage you to do so.” I do not see why that should be difficult for the Government to organise across Departments, and it would help to minimise the scale of this problem in future.