Draft Representation of the People (Franchise Amendment and Eligibility Review) (Northern Ireland) Regulations 2023

Richard Graham Excerpts

Tuesday 24th October 2023 General Committees

[Mr Baker]

I am most grateful to my hon. Friend. In the first place, I am grateful that our country has decided that we are on the moral high ground in giving those retained rights to EU citizens. I will certainly take up what he said in his intervention with my colleagues in the Foreign Office. He will understand that it is for them first and foremost to talk with European nations. He makes a good point; I will take that matter up with Foreign Office Ministers and write to him.

[Richard Graham (Gloucester) (Con)]

The impact assessment makes it clear that, as my hon. Friend the Member for Basildon and Billericay mentioned, the bilateral treaties at the moment are with four EU states—Poland, Spain, Luxembourg and Portugal. The line there is that the UK

“remains open to negotiating treaties with other EU Member States”.

Can my hon. Friend the Minister clarify whether we are proactively seeking that by approaching other EU states to see if they are interested in that reciprocity; whether we are open to approaches from them; or whether we have done our bit, got agreements from four of those countries and that is it?

[Mr Baker]

Again, I am grateful to my hon. Friend. The best thing that I can do is ask Foreign Office Ministers to write to him setting out their plans. After all, it is their responsibility first and foremost; my responsibility is Northern Ireland. I hope that he will forgive me if I do not trespass on their responsibilities and commit. He makes a good point, and I think that Foreign Office Ministers will wish to assure him that they are reaching out.

The chief electoral officer has a legal duty to ensure that the electoral register remains accurate. The instrument requires the chief electoral officer, as registration officer for the whole of Northern Ireland, to conduct a one-time review to determine the eligibility of all registered EU citizens. That bespoke eligibility review is designed to be fair and transparent for review subjects, and to minimise burdens on the chief electoral officer. As far as possible, it has been based on and benchmarked against existing practice and processes. The processes for Northern Ireland contained in the instrument mirror those for Great Britain.

Initially, the chief electoral officer will use data already available to them to confirm an elector’s continued eligibility without the need for and elector to take any action. Where the chief electoral officer is unable to confirm eligibility using existing data, the instrument requires them to contact the elector to request the information necessary to determine eligibility. In the event of no response, the chief electoral officer must make at least three attempts to contact the elector in writing, and at least one attempt to contact the elector in person, before they determine them to be ineligible.

It is clearly important that EU citizens are aware whether they remain on the register. Consequently, the instrument prescribes that all those reviewed will be notified of the franchise change and the review outcome. In addition, the instrument prescribes the contents of all review communications to ensure clarity and consistency.

Where a person is deemed ineligible and removed from the register on the basis of non-response, they will be invited to reapply if they believe they are eligible to do so. We anticipate that the end-to-end review process will take up to three months to complete. The chief electoral officer, in common with registration officers in England, will have a nine-month implementation window, from 7 May 2024 to the 31 January 2025, to undertake the one-time review.

On completion of the review process, the Secretary of State will write to the chief electoral officer in Northern Ireland to request data relating to the operation of the review process. That is slightly different from the position in England and Wales, where registration officers will report to the Electoral Commission. The franchise change will apply only to polls that are non-devolved, and, for Northern Ireland, will cover local and Assembly elections.

Some changes needed to reflect the candidacy changes and their implementation for Northern Ireland were made in the Elections Act. In practice, candidacy processes at local and Assembly elections will not change significantly. I hope that, having set out the details and having committed to write in response to interventions from my hon. Friends, we can ensure that colleagues are satisfied with our commitment to reach out to other European nations. I look forward to hearing from the hon. Member for Putney.