EU Referendum: Voter Registration
Debate between Philip Hollobone and Oliver Letwin
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 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 Letwin
It may help the House and my hon. Friend if I say that, according to my latest information, there were 242 applications yesterday, which was the first of the two days to which he is referring. That is just over half the number he is talking about across the two 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.