Electoral Registration and Administration Bill

Peter Bottomley Excerpts

Monday 18th June 2012 Commons Chamber

[Geoffrey Clifton-Brown]

I am grateful for the opportunity to raise an aspect of overseas voter registration. I also draw the Committee’s attention to the fact that I have tabled new clause 3 on an associated matter—to eliminate the cut-off for overseas voting. On this matter, I urge the Minister to bring forward secondary legislation, under clause 1(3), relating to regulations to introduce improvements to the registration system, which could result in a far higher number of participants in our elections at a time when the number of registered voters is falling.

At present, some 5.6 million British subjects live abroad, of which it is estimated that some 4.3 million are of voting age. But in December 2011 a mere 23,388 overseas voters were registered to vote, according to the Office for National Statistics.

[Sir Peter Bottomley (Worthing West) (Con)]

Will my hon. Friend give those figures again? Did he say 23,000 out of 4 million?

[Geoffrey Clifton-Brown]

My hon. Friend heard me correctly, but for the sake of clarity and emphasis, I shall repeat the figures: there are estimated to be about 4.3 million overseas citizens of voting age, a mere 23,388 of whom, in December 2011, were registered to vote, according to the ONS electoral statistics.

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[Mr Syms]

Absolutely, but we would be winning even if got a few hundred thousand registered to vote. What we need from the Government are assurances that they will not only look at the law, but have a long-term campaign to keep those leaving registered and to re-register those abroad. People abroad buy British newspapers, watch Sky television and take an interest in what goes on. I believe that they still have beliefs in what is right for their country. We could argue about modern democracy, electoral reform and proportional representation, but it ill behoves a party that has argued for PR to deny 4.3 million people abroad their vote.

[Sir Peter Bottomley]

I congratulate my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) on leading this debate. To have 10,000 service personnel in Afghanistan who were either not registered or unable to cast their vote at the last election was a disgrace—one for which we should all apologise. Rather than wait for this Bill to pass and for the regulations to be laid, we should ask Defence Ministers to make it the responsibility of adjutants in every unit to ensure that people are registered and to make arrangements so that voting papers get to them in time.

I am on record as saying that the move to individual registration is not necessarily such a brilliant idea. We know from Northern Ireland that it helped to reduce the inflation on the electoral roll, but we do not know how many of those who should have registered did not do so under the new system—but I do not want to go into that now, as it requires separate legislation.

The last time I spoke on voting I said that we have a responsibility to ensure that people in prison are registered to vote, but whether or not they can will depend on future decisions in the House. However, I would be interested to hear whether, if the law is changed, the Bill will allow for the registration of people in prison. If so, would that be done through individual registration, or would there be a responsibility on the Prison Service or the Ministry of Justice to make the arrangements?

The major group of people referred to by my hon. Friend are the more than 4 million people abroad who are not registered but should be. We must make sure not only that they can be, but that they are, registered to vote. That brings up another of my campaigns—that we need to get rid of the anomaly whereby half of our overseas pensioners do not get increases in their state pension while the other half do. The ones who do not receive it are probably the ones who need it most. We need to understand the effect of registering overseas people to vote, and it is right to ensure that people are not excluded.

One of the newer democracies is Tunisia—I have been there twice, first for its constituent elections and then to help with training for parliamentary activities. Tunisia has overseas voters and Members of Parliament representing Tunisians overseas. Whether we choose to follow that approach or to get people to vote in their existing UK constituencies is a matter for debate and decision. What is certainly not a matter of debate and decision is the fact that if we leave 4 million people—roughly 10% of those who should be eligible to vote—off our voting list, we will have failed. It does not bother me whether people are abroad because they have retired, because they are working there or simply for enjoyment. The fact is that they should be entitled to vote; it is our job to make sure that they can be registered. Having done that, it is then our responsibility to make sure that they use their registration and cast their votes.

[Frank Dobson]

I entirely agree with what the hon. Member for Worthing West (Sir Peter Bottomley) said. It seems to me—and, I think, to him—that it requires no change in the law for the Army or the Ministry of Defence to take the necessary administrative steps to make sure that our troops serving abroad get on the electoral register. No change in the law is needed; it just needs some action by those in a position to do something about the problem.

One further complication might arise. I strongly support the view that anyone registered abroad should be registered in a particular constituency. Because of the youth of a large number of men and women serving in the services abroad, some will not have previously been registered anywhere, as they would not have been old enough to do so. If we need a change in the law to help with service registration, it would be on that sort of issue. Generally speaking, however, certain people taking electoral registration for servicemen and women seriously ought to be enough to sort it out without Parliament being required to do anything.

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[Dan Rogerson]

While the hon. Gentleman was speaking, it clicked into view that the period he was talking about was that of the Anglo-Irish agreement. I was not aware of that, but I am now. I thank him for his intervention, which was helpful to me in giving the example another scenario in which this is legitimate.

[Sir Peter Bottomley]

Obviously voting twice in the same election is illegal, and the number of people who are thought to have done it must be very small. Can the hon. Gentleman explain whether a Member of Parliament from, say, Devon, who spent four or five nights a week in London and three nights a week in Devon for 34 weeks of the year would be required under his system to say that London was their main home, not the place that they represented?

[Dan Rogerson]

I am delighted that the hon. Gentleman credits me with having a system—a grand plan—but I do not, as yet. My amendment relates to specific issues that I will deal with soon, Ms Clark, because I know that you will want me to move on. He is right to observe that there will be Members of this House who are on the register in two separate places, as indeed I was for a while. I stay in hotels in this fine city when I am up here now, so that no longer arises. Some of the people who have written to me feel that the short amount of time they spend in Cornwall entitles them to be on the register because they happen to own the property, and I have pointed out that I probably spend more time in hotels in Westminster than they do in Cornwall, and that I should perhaps be petitioning to get on the register on that basis as it is not a property qualification.

How do we check that someone who is on the register in two places is not voting in the same election on the same day in two locations or, as that would be pretty hard to do if they are some miles apart, postal voting in one location in the run-up to the election and voting in person in the other? First, one would have to find out the other location at which the person is registered. Subsequent to the election, one would have to get hold of a copy of the marked-up register for both locations in order to check, and then one might be able to put a case together that the person had voted in two elections. I am sure that, as the hon. Member for Worthing West (Sir Peter Bottomley) suggested, people will say that this is a very rare occurrence, but that does not matter—the problem is that there is no way for anybody to check and challenge it. Whether it involves one vote, 10 votes or a few hundred votes across the country, it could still have an effect in some locations. I would venture to say that in some parts of the country where second homes are clustered, it will have more of an effect than in other areas, and it might therefore have an effect on an election result.

[Dan Rogerson]

What action happens when the police and the courts get hold of this is a secondary point, but a fair one. The hon. Gentleman is talking about people who were registered at two locations in his constituency, and presumably he looked for them in another location because he had suspected that that might be the case. However, when the second property is at the other end of the country it is on a completely different electoral roll, and there is no way that one would know which Mr Tom Smith one was looking for unless, at the point of registration, they were asked to declare the other properties at which they were seeking to be on the electoral roll. That is what my amendment would do. Electoral officers would be able to check that, and members of the public who wished to challenge whether someone had done this at another election would also have a basis on which to check. Both electoral registers are public documents; my amendment would merely tally the two up.

[Sir Peter Bottomley]

My hon. Friend is perhaps trying to persuade us that a person who is prepared to break the law and vote twice is prepared to tell the truth when asked if they are registered in some other constituency.

[Dan Rogerson]

There would be pressure to make a declaration at that point. My amendment would tighten up the system a little. I am not saying that it is foolproof, but I think that it would improve matters.

As I am sure that the Minister is aware, this is a probing amendment to raise the subject again. We had a briefing from the Electoral Commission saying that it understands that the Government may be about to reconsider the issue and respond in some way through regulation, which I would certainly welcome. The point that I am seeking to make, which I have made before, is that given that electoral officers in some parts of the country are seeking to be tougher on this matter and to question people’s right to register in a certain location, we need to provide them with the tools to ensure that the electoral register is accurate. As I have also remarked before, if we are moving to a system of holding local referendums on matters such as setting a higher council tax rate or establishing a neighbourhood or community planning document, it is important that it is the people who live in the community who vote. That is not to say that people who own property, businesses or agricultural land in the area may not venture a view or be part of the consultation, but voting is a very different thing.