Registers of Births and Deaths Bill

Debate between Saqib Bhatti and Christopher Chope

2nd reading
Friday 26th November 2021 Commons Chamber

[Saqib Bhatti]

My hon. Friend makes a good point and I would certainly welcome our looking into that at a later stage. It makes sense that the Bill could bring some environmental benefits.

[Sir Christopher Chope (Christchurch) (Con)]

Does my hon. Friend share my concern that many of these registrations of deaths during covid have inaccurate information on them? They say the death is caused by covid or with covid, when the nearest and dearest of the people who have died often say there was no covid involved at all. There is a lot of inaccuracy. How does his Bill address that?

[Saqib Bhatti]

I thank my hon. Friend for that intervention and I recognise that he has always been a doughty champion of parliamentary scrutiny. I do not share that concern in reference to my Bill because the reason for the deaths is stipulated by the coroner, which is outside the scope of the Bill.

[Saqib Bhatti]

I thank the Minister for that clarification.

[Sir Christopher Chope]

But does that not highlight the difficulty that, if somebody registers a death on the telephone, they may not have access to the death certificate and may find that the death is registered with inaccurate information from the death certificate?

[Saqib Bhatti]

I think that is transmitted directly to the registrar, who is of course independent. That creates a check and balance in the process, from my perspective.

[Sir Christopher Chope]

My hon. Friend says the information that comes from the death certificate is transmitted directly to the registrar. That is right, but if the person who is the nearest and dearest does not know what is contained in that death certificate and is concerned about its accuracy, the death could be registered with information that the nearest and dearest disagreed with.

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[Saqib Bhatti]

I thank the Minister for further clarification on that point.

I mentioned that I spoke to the National Association of Funeral Directors, and I am sure the whole House will pay tribute to the funeral industry, which, like many parts of our community, has worked incredibly hard over the past 12 to 18 months due to covid. I certainly pay tribute to funeral directors for their hard work.

Registering a death has traditionally been a paper-driven process and has often been hindered by delays in the system, which serve to increase the gap between the death and the funeral. In fact, a survey of NAFD members in 2021 confirmed that 82% of funeral directors felt that processing the forms digitally was working either well or very well, and almost 80% of respondents confirmed that they rarely or never experienced delays in the registration of deaths.

But I would go further: if we have the chance today to ease the pain of any individual who is grieving, we ought to take that opportunity. That is the opportunity I believe this Bill presents. The last thing anyone who is grieving wants to do is to make that journey—sometimes a very long journey—to the registrar to register a death. Being able to do so electronically may provide some relief in an otherwise difficult time. I reassure my hon. Friends that, as has already been mentioned, this Bill does not make any changes to the information that is to be recorded in an entry, such as who can act as a qualified informant. That remains the same in the case of a birth or a death.

A further change that clause 1 makes to current procedure relates to how information is given to the superintendent registrar. Currently, registrars are required to submit copies of all the birth and death entries that they have registered in the last quarter to their superintendent registrar through a system of quarterly returns. When received from the registrar, the superintendent registrar certifies all the entries as being true copies of the birth and death entries in the registers, and forwards them to the Registrar General. The Registrar General holds a central repository of all births and deaths registered in England and Wales, which is then completed electronically using the electronic system.

My Bill removes that administrative burden, because the move to an electronic register would make the system of quarterly returns unnecessary. Following the registration of a birth or death in the electronic register, the entry would immediately be available to the superintendent registrar and Registrar General without having to complete the quarterly return process from the paper registers.

I turn briefly to the clauses. As already explained, clause 1 removes the duplication of processes and no longer requires the upkeep of a paper register. Instead, all registrations of births and deaths will be processed on to the electronic register. The clause also ends the administrative burden of quarterly returns, as I have stated, as the electronic register will make birth and death entries available to the Registrar General and the superintendent registrar immediately.

Clause 2 makes arrangements for the equipment and facilities to be maintained by local authorities. It makes it clear that all local authorities must provide and maintain the relevant equipment and facilities that the Registrar General deems necessary for all register and sub-district register offices.

Clause 3 introduces a new power that amends the Births and Deaths Registration Act 1953 and allows the Minister to bring before the House new regulations in respect of non-paper registration. Where someone complies with specific requirements, such as the provision of identification, they will be treated as having signed the register in the presence of the registrar.

Crucially, if passed by the House under the affirmative procedure, provision may be made to include the signing of something other than the register, so that a wet signature would not be required and an electronic one would be acceptable. Those requirements would have to be put to the House in further legislation. The clause makes it clear that the Government can do so only under the affirmative procedure, which means that the provisions must be laid before and approved by both Houses of Parliament.

[Sir Christopher Chope]

Can my hon. Friend explain how that fits with the provisions of the Forgery and Counterfeiting Act 1981?

[Saqib Bhatti]

My hon. Friend makes a good point. I admit that I am less au fait with that Act; I know that he was instrumental in helping to make some of the provisions originally. The provision will be considered further in Committee, where I would welcome his input if he were so inclined.

Clause 4 deals with the treatment of the current paper records, which date back to 1836. It requires the registrar to keep and maintain all registers in paper form. Clause 5 brings the schedule into effect. Clause 6 provides the power to make further consequential provisions, including any changes to primary legislation which, to reiterate, would be done through the affirmative procedure only. Clause 7, the commencement clause, comes into effect the day the Bill is passed. It is also worth noting that the Bill does not require a money resolution or a Ways and Means resolution.

In conclusion, the Bill modernises our registration system and makes it more efficient. I hope that we can look back on this debate in years to come as the moment when we collectively made our constituents’ lives more convenient at a time of their lives that can often be pivotal—a moment of happiness or, in the case of deaths, of great tragedy. I urge hon. Members to support the Bill and commend its provisions to the House.

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[Sir Christopher Chope (Christchurch) (Con)]

It is a pleasure to follow my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart). I hope to be able to share with her a cautionary tale about the consequences of putting blind faith in digitalisation. Before I do so, I congratulate my hon. Friend the Member for Meriden (Saqib Bhatti) on introducing this Bill, which I think was a presentation Bill rather than a balloted Bill. However, I think he made the wrong choice about the topic for debate, because, as he has said, this proposal was debated and was the subject of a balloted Bill in the last Session of Parliament.

At that time, our right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) promoted it, brought it before the House for a Second Reading debate for about three quarters of an hour and kindly offered to let me serve on the Committee, although that offer never materialised. My right hon. Friend told me, in a very courteous letter, that he thought that it was because of covid, but I think that it was just because the invitation never materialised. If it had materialised, I would have been more than happy to serve on the Committee. As I was not able to serve on that Committee, I tried to amend the legislation on Report, but unfortunately there was only one minute for my speech on 12 March.

[Saqib Bhatti]

I reiterate my invitation to my hon. Friend to join me on the Committee. We can address any concerns that he may have at that stage.

[Sir Christopher Chope]

I am grateful for that offer and shall certainly take it up, because a lot needs to be amended in the Bill. When I tabled amendments on Report last time, they were set out on the amendment paper on 12 March, but we were not able to make much progress. It disappoints me that my hon. Friend the Member for Meriden has so far shown no willingness to take on board any of the suggestions put forward in those amendments, the essence of which was to try to ensure that we still have physical, hard copy registers alongside e-registers, so that we do not facilitate fraud and corruption in our registration service.

There has been a lot of talk of those of us who believe in having a hard copy record being backwards, and those who believe absolutely in modern technology and electronic records being the great modernisers, but let me share with the House a current live constituency case, about which I have written to the Home Office, as will become apparent in the course of my remarks.

The case is of a Ghanaian citizen, who has a Ghanaian passport. He came to this country about 20 years ago and now wishes to become a British citizen; he has indefinite leave to remain, and a driving licence, national insurance number and all the rest of it. His Ghanaian passport and his driving licence correctly identify his name, which consists of one forename and two surnames. I am not going to shout out his name in the House now, because I still hope that we will get a satisfactory answer out of the Department without the need to name and shame it publicly. He applied for British citizenship on 5 May 2021, and that was approved, subject to him attending a citizenship ceremony to receive his certificate. The certificate was issued correctly with his full name—his first name and his two surnames—so he thought that everything was fine. He then applied for a British passport and the Passport Office informed him that his surname did not match his citizenship certificate because only one name had been recorded as his surname. Subsequently, he spoke to the Home Office customer service team and was advised to fill in a form and post the certificate, with any proof of his correct name, to the Home Office. He sent off all that material—including his Ghanaian passport, his driving licence and, as the Home Office instructed, his cut-up indefinite leave to remain card—at the beginning of August.

The website said that corrections to citizenship certificates take 24 working days. After three months had elapsed, he contacted me and I contacted the Home Office. On 26 November, perhaps in anticipation of this debate, I received a reply from UK Visas and Immigration that sets out a whole lot of facts that we already know and I have shared with the House, and that the requested amendment is still outstanding. It says:

“Please be assured that this is being processed…In the meantime, an application can be expedited”.

I had already explained that the lack of his documents was preventing him from being able to start work as a van driver. That remains the situation.