Electoral Registration and Administration Bill

Siobhain McDonagh Excerpts

Wednesday 23rd May 2012 Commons Chamber

[Mr Harper]

The hon. Gentleman has made that point before. As I said to the hon. Member for Blaenau Gwent (Nick Smith), we are not closing off that option and we will continue to have conversations with those organisations.

Following the 2015 general election, there will be another full household canvass and all potential electors who appear—

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

Will the Minister give way on that point?

[Mr Harper]

If the hon. Lady lets me make the point on the canvass, I will then take her intervention.

All potential electors who appear on the returned canvass form but have not been verified individually will be invited by electoral registration officers to register. That canvass will include reminders and the extensive use of door-to-door canvassers. At the end of the canvass, the EROs will—

[Mr Harper]

No; let me finish this point, then I will take the intervention from the hon. Member for Mitcham and Morden (Siobhain McDonagh), who got her bid in first.

At the end of the canvass, the EROs will send personally addressed individual electoral registration application forms to individuals who appeared on the electoral register produced at the end of the old-style canvass, who have not been verified individually and whom electoral registration officers do not believe to have moved. That will act as a final check to ensure that individuals who are to be removed from the register understand what will happen if they do not make an individual application. That will be a robust process, because people will have to go out of their way to avoid being registered. The register that will be used for the 2015 boundary review will therefore be robust, complete and accurate. The relevant part of the Opposition’s reasoned amendment does not hold up at all.

[Siobhain McDonagh]

Under clause 4, the procedure for the canvass will change. At the moment, if the ERO or their canvasser knocks on a door and finds somebody who is not registered, they fill in the form there and then. Clause 4 states that that can no longer happen, and that the canvasser can only take people’s names and addresses and then send a form to them. Surely the point is that canvassers knock on doors because people have not filled in their forms without assistance.

[Mr Harper]

Canvassers will be able to identify that there are voters at an address, but each voter will have to register individually and provide their information to the local authority so that it can be verified. We will examine the canvass process when we develop the secondary legislation. Because of the nature of the information being collected on the doorstep—not just people’s names and addresses but their national insurance numbers—we need to take data security carefully, as we have at every step of the way. We will continue to have discussions with local authorities and the Information Commissioner about how best we can do that, but we have a robust set of processes in place to ensure that everyone is registered.

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[Mr Jackson]

Because we see this as in the best interest of the body politic generally. There is a plethora of evidence to show that cumulative cases of electoral fraud—I will come on to discuss this issue later both for my own constituency and across the country—have grievously damaged the faith and trust people have in the electoral process. The Minister is quite right that we have all been complacent in assuming that we live in a society where transparency, openness and fairness exist above all in the electoral process. I did not think I would ever encounter a case in which a judge would describe a British electoral result—in this case, for Birmingham city council—as comparable to one of a banana republic, yet that happened in 2004 under the watch of the Government whom the hon. Member for Caerphilly supported.

Important parts of the Bill are uncontentious, but I will bring some concerns to the House’s attention later. Of course individual electoral registration has been broadly supported across the House over a number of years. Some elements, such as the review of polling places, are innocuous and will not be contentious, as I said.

On civil penalties, I mentioned earlier that we must be cognisant of the fact that some people are not interested in the political process. We cannot force people to register on the basis of a criminal sanction—it is not right to do so—if they genuinely do not feel part of the process. That is a function not of a political process, but of societal change over many years. International comparisons are important for understanding how to get people to register. Australia is an interesting example. The level of civic engagement in schools and colleges there and the amount of publicity given to financial education, for example, has led to school children and young people understanding the importance of being involved in the system. I think that is a much better way of proceeding than having criminal sanctions and a penalty. Our society is much changed.

[Siobhain McDonagh]

I am certainly no expert on the Australian system and I am sure that school education there is good. Nevertheless, Australia has compulsory voting and has far more frequent and stronger fining than we do.

[Mr Jackson]

We will not meander down the path of compulsory voting, which is a completely separate issue, and even the benign Deputy Speaker might rule me out of order if I did that. I think it is better to persuade than to threaten and cajole people. That is why I am not particularly concerned one way or the other about the opt-out proposals. Had they remained in the Bill and not been amended, I would still have been happy to support it. We can argue about civil penalties, but I think amounts of £60, £80 or £100 send out a powerful enough message. After all, no one wants to get a parking ticket and be fined £60. We are talking about civic engagement with something that is important for the future of our country, and people understand that they should be part of it.

An important corollary of the changes is the reduction in the potential for financial fraud. Essentially, the capacity to commit fraud is often given via a place on the electoral register. Figures produced over the last year or so in the Cabinet Office impact assessment by the Metropolitan Police Service and the National Fraud Initiative under the auspices of Operation Amberhill showed that of 29,000 information strands collated, 13,214—almost 46%—showed data matches with the electoral register that were fraudulent or counterfeit. In other words, the documents were often generated as a result of someone’s being on the electoral register, but were nevertheless fraudulent or counterfeit.

The Minister made the simple point that ours is one of the few countries in the world that still operates a household registration system. The system is backward-looking, and it disfranchises people, particularly women, in communities in which the heads of households take full responsibility for women’s registration and postal vote. We should do something about that. We have a duty to ensure that those women’s votes are not being stolen by people who should not have access to them, because we have a universal franchise based on free and fair access to democracy for every man and every woman, which is what has put us here today.

At present, only a person’s name, address and nationality need to be supplied for that person to appear on the electoral register. As the Minister made clear, this is one of the least robust systems in the world. Let me share with the House our experience in Peterborough. The hon. Member for Mitcham and Morden (Siobhain McDonagh), who I know has been in the House for a long time, was very relaxed and insouciant, perhaps even complacent, about postal votes and the transfer to the individual electoral registration system. However, on 27 April the Peterborough Evening Telegraph reported that 16% of postal votes applied for in the central ward of Peterborough had been thrown out because they were fraudulent or forged.

That is happening now, and it can be extrapolated to different communities and different wards in urban areas throughout the country, including Greater London. However, Members need not rely on me for speculation, because there have already been serious cases of electoral fraud involving postal votes in Slough, Pendle, Birmingham, West Yorkshire and, in particular, Peterborough. I shall say more about that later.

[Siobhain McDonagh]

I certainly would not tolerate the fraudulent registration of even one postal vote, but how can it be right to reduce access to postal votes for the many because of a few examples of fraud? No investigation, including those by the Electoral Commission and the Association of Chief Police Officers, has discovered extensive fraud. We know that it happens, and we know that it happens in particular places, but surely the job of the police is to find out where it happens and make specific proposals to deal with it, not to disfranchise the many.

[Mr Jackson]

We are making specific proposals. I think that the hon. Lady is tarrying with the wrong person. I saw the huge resources that were devoted to investigation of postal vote fraud by the Cambridgeshire constabulary—who, as far as I know, received little if any help from the Government of whom the hon. Lady was a member—between 2004 and 2008. It took four years for Operation Hooper to complete its investigation, which resulted in the imprisonment of, I believe, five individuals—two of them Conservative and three Labour, as it happens—following the European and city council elections in the central ward of Peterborough in June 2004.

We cannot say that we should not bother about this because we have no proof that it happens. It does happen, it is costly, it undermines the very basis of democracy in this country, and we should ensure—as I believe the Bill does—that the correct procedures operate to ensure that it does not happen in the future. The hon. Lady may wish to reconsider her rather lackadaisical approach to the integrity of our electoral system.

One proposal with which I strongly agree, although I do not think that the Government have gone far enough, is the proposal in clause 19 to allow police community support officers into polling stations. I think that if there is a missed opportunity in the Bill, it is our failure to consider the serious problem of personation and intimidation at polling stations. We saw that in Tower Hamlets earlier this month, and we have seen it too often in Peterborough. I must not major on Peterborough’s central ward, but it is the one that I know best. In that ward we have four polling stations. About half a dozen members of the Cambridgeshire constabulary and mobile CCTV are required at each of them because of the issue of personation, of which there have been cases in Peterborough.

We are not going far enough in looking again at the Representation of the People Act 1983, because the power of the presiding officer inside the polling station remains extremely limited. If the hon. Member for Mitcham and Morden were to go into a polling station in Mitcham and Morden and say she was Elvis Presley and that name was on the electoral register, the polling clerk would have very little power to say, “Actually, you’re not Elvis Presley. You’re our esteemed local Labour MP for Mitcham and Morden.” That is not satisfactory. The legal test for proving that the hon. Lady is her good self, rather than Elvis Presley, is very difficult. We have missed an opportunity to look again at that issue.

In closing—which is what the Whips are imploring me to do—may I make two quick points? I have concerns about the removal of the co-ordinated online record of electors—CORE—database. I have no interest in promoting national ID databases—I voted against identity cards—but the Minister must tell us how successful he has been in removing the difficulties of duplication, which have frequently arisen. CORE ameliorated that, but it is no longer in place.

On a slightly mischievous note, this morning on the ConservativeHome website my hon. Friend the Member for Bournemouth West (Conor Burns) made a point about clause 18 and allowing a parliamentary candidate standing on behalf of two or more parties to use a registered emblem of one or more parties. Can the Minister assure me that there is no hidden agenda in that, and that it is just a helpful way to assist Labour and Co-operative party representatives to get elected in their seats?

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[Mr Clive Betts (Sheffield South East) (Lab)]

First, let me say that the principle of individual registration is unarguably right; indeed, I have supported it for some time. Excellent work has been done by the Political and Constitutional Reform Committee in this Parliament, but I have read again the recommendations of 2004-05, when a Joint Committee of the Committees of Constitutional Affairs and the then Office of the Deputy Prime Minister looked at this issue. We supported the principle of individual registration, and looked at a number of ways in which that could have been done. However, neither of the main political parties chose to look at a proposal I thought might be appropriate: a common household form that individuals signed, so that people registered individually on a single form.

At that time, we discussed the possible consequences of individual registration not being done properly, and that issue has been part of the general argument ever since. As the introduction of these new measures is now being speeded up, I ask the Minister what will happen if our worst fears are realised and there is a significant fall in the number of people on the register. What will the Government’s answer be at that point? Is there a plan B? Are measures in place to address that eventuality, or will Ministers simply wring their hands and say, “Oh dear, we didn’t really intend that. It shouldn’t have happened, but it has happened and there’s nothing we can do about it”? It is reasonable and right that we raise those concerns at this point and ask Ministers to respond to them.

Back in 2004-05, we looked at data matching, which is key if we are to get this process right. It is an integral part of the system, and it is absolutely right that electoral registration officers have access to a whole range of data from private and public bodies—the utilities, postal services, universities and colleges, local authority housing associations, local authority schools, academies and universities. I congratulate the Government on going ahead with their pilots, which is the correct way to proceed. The problem is that, as we know—the hon. Member for Peterborough (Mr Jackson) just mentioned it—the pilots were not terribly informative. They did not convince anyone that the process was in place for data matching to deliver significant improvements to the register at this stage. The Electoral Commission said that the analysis lacked a common methodological framework—in other words, there was no common assessment of the benefits of the different pilots.

I welcome the Government saying that there should be a second round of pilots, but we have not reached the point where we can conclude that there will be significant benefits to the register. Pushing ahead with the new regime of individual registration when we do not really know what the best forms of data matching are and how they will work is a major concern. It is not that I am against the principle of individual registration; however, we are not yet certain that we have the schemes in place really to improve registration through the data-matching process.

The hon. Member for Burnley (Gordon Birtwistle) finally got there, did he not? If we had an ID card system in place, we would have everything we need—we would not need to worry about data matching because we would have the basis for a comprehensive electoral registration system with individual registration. We would not have to duplicate it or provide lots of information to different local organisations. This issue is often missed out in these discussions, but the hon. Gentleman got there in the end—two years late. Perhaps some of his colleagues might do so as well.

I am in favour of complete reform of the electoral registration process. Before the Select Committee produced its report, it went to Australia to see what happens there. They described their system to us, and we described ours to them, and they looked at us with a slight degree of amazement when we explained that the main part of our process was to write each year to every household to try to get a response. The people who responded were those who normally respond, and they were often the households that stay the same year in, year out. In other words, we concentrated all our resources on writing at the same time of year to people whose circumstances had not changed. That is a very inefficient and ineffective system, because it does not target the groups who do not respond or the people whose circumstances have changed.

In Australia, they adopt the data-matching approach. They have an existing register, and they make changes when they get information about a change in circumstances—for example, that new people have moved in and others have moved out, or that someone has become eligible to vote because they are now older. They get such information from schools, universities and so on. Their system is based on targeting resources on people who move or whose circumstances in some way change, making sure that they are followed up so that the register can be altered accordingly.

At the time of the report, we recommended that when the system is comprehensively reformed, the annual canvass be dropped and replaced with a three-year audit to check that the register is accurate as a result of the data matching. That is an ideal ultimate position to reach; the problem is that we do not know which data-matching systems will work, and until we do, it is very dangerous to take away other parts of the system that are currently important in ensuring that we get as comprehensive a register as possible. We all know from the excellent work done by my hon. Friend the Member for Vale of Clwyd (Chris Ruane) that our register is not very accurate, so we must be very concerned about anything that might worsen it.

On the Government’s approach to people who do not register, I welcome their decision to introduce a civil penalty, as it is the right approach. People have a responsibility to register, and the Government’s change in position on that is welcome. They have clearly listened to the evidence, information and views put to them, and responded appropriately. However, I would go further on the requirements.

My hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) raised this next matter in a meeting I was at a few weeks ago. If people are going to need services or benefits from the state that require them to give an address—this is in addition to data being obtained from various parts of government to inform electoral registration officers of the state of play on their register and individuals’ addresses—I do not see any reason why they should not be required to show that they are registered at that address. If someone is going to claim benefits or services from the state, they also have a responsibility to act as a citizen. As a citizen, they should be required to do jury duty and not pass that requirement on to others. Why should they not be required to be eligible for jury duty and therefore to have to register?

[Siobhain McDonagh]

I thank my hon. Friend for supporting my ten-minute rule Bill in the last Session. I hope to bring it back, and I hope that it will have all-party support.

[Mr Betts]

I am certainly prepared to support that Bill.

This is not just about jury service; it is also about the fact that the registers are used to draw up boundaries. If some people decide that they want to opt out of registration, they are, in effect, undermining and reducing the level of electoral representation in their area, by making the constituency they live in have a larger number of residents. That is because the boundaries will be made on the basis not of the number of residents, but the number of people registered to vote in areas. Again, it is a matter of civic responsibility that people should be registering. If they take services and benefits from the state, they should give something back in return.

The other issue I briefly wish to address is how we go about forming a national regime for improving registration. We have to examine the powers that the Electoral Commission has and those it is asking for. As a localist, I think we are currently too prescriptive about the means of getting a comprehensive register. I have mentioned that we may not require the annual canvass in future. The Electoral Commission should give electoral registration officers a general requirement to ensure that as high a percentage of people in an area register as possible. The Electoral Commission should give guidelines and examples of good practice as to how that should be achieved. If EROs then do not carry out their functions—if we clearly see that in some areas the process is failing, whereas in others it is succeeding—the Electoral Commission should have powers not merely to monitor and shame those officers who are not performing in their duties, but to intervene. Those powers are lacking in this Bill. The commission has asked for them—people from the commission mention them every time we meet—and we ought to examine them. We need less prescription about how this is done; a clear requirement for EROs to maximise registration; a clear requirement for the commission to give guidelines and examples of good practice; and powers for the commission then to intervene if there is a failure in particular areas.

I say to the Minister that I have been partly reassured on postal votes. It is very important that people who have long-term postal votes, not for any fraudulent reason, but because they simply need them—perhaps because they are elderly, they are disabled or they work away from home a lot—should not be disadvantaged in any way. As we saw, turnouts in the recent local elections were not high, but turnouts among postal voters, certainly in my constituency, where there have been no allegations of electoral fraud that I am aware of, were much higher. If we do anything to discourage legitimate postal voting, we will reduce turnout, and it is important that we keep that in mind.

I shall conclude now, as I am aware that other hon. Members wish to contribute. I just say to the Minister that the reasoned amendment is just that—it is a reasoned amendment. Many—perhaps all—Labour Members are not against the principle of individual registration; we are merely concerned about an undue rush to implement it, which could damage the number of people registering. Such damage would not be intended by Ministers but, if it were to occur, it would be very damaging to the whole democratic process in this country.

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[Siobhain McDonagh (Mitcham and Morden) (Lab)]

If I may issue a challenge or wager to the hon. Member for Pendle (Andrew Stephenson), it is that there will be proportionately fewer young people on the electoral register in December 2015 than there are today. I support household registration because I believe that the most effective electoral registration officer in my constituency is mum. It is mum who fills in the form and includes her young sons—it is principally young sons, but also young daughters. It is not about people being excluded because of a bullying dad or other figures in the household. The young men I saw queuing up at the polling station at the last general election were there and able to vote because their mums assisted them in that. My concern about individual registration is not about party preference or who wins and loses, but about the disfranchisement of those groups who, for the good of us all and the protection of our society, must be included in the system.

Those listening to the debate would be forgiven for thinking that all sorts of fraud goes on all the time and that there is plenty of evidence for it, but actually the contrary is true. The report produced by the Association of Chief Police Officers and the Electoral Commission in March 2012 identified remarkably low levels of offences relating to voter registration, stating that the offences usually concern financial benefit or identity fraud, which can be investigated separately, rather than electoral fraud. Surely we have all met mums in our constituency advice surgeries whose single person discount has been removed from their council tax bill because the council found that the electoral register recorded adult sons or daughters as living with them, even though they had moved out. That is the problem. It is not about people wanting to go on to the electoral register.

[Mr Stewart Jackson]

Is the hon. Lady really telling the intelligent and articulate Pakistani women in my constituency that they are not intelligent enough or cannot be trusted to fill in their own individual electoral registration forms and that they have to trust their mums, aunties, dads or uncles to do so, because I do not think that that is about women’s empowerment? It is patronising, backward-looking and potentially extremely fraudulent.

[Siobhain McDonagh]

I think that that intervention is the result of the hon. Gentleman’s embarrassment at some of his earlier contributions on people who should not be on the electoral register—that gets to the nub of it.

I accept that I am out of step and that individual registration is going to happen. Given that it is, what can we do to make sure that as many people as possible are on the register?

Our democracy depends on the fullest electoral register, and that is why I introduced a ten-minute rule Bill, to which my hon. Friend the Member for Sheffield South East (Mr Betts) referred, and which suggests that anybody who receives a service from the state, gets a library ticket and a driving licence or claims a benefit should have to be on the register. It would be a social contract, whereby the state—the Government—had a connection with people, who were able to vote if they chose to do so. In that way, we would also bring about a connection that people understood—that there was not something called Government money, but an individual’s money, which they gave to the Government or the state to spend.

The police are not against a comprehensive electoral register, because it is one of the country’s most effective crime databases, so their job will be made much harder if the register becomes less complete. Banks and credit companies will find it harder to tackle fraud, and councils will also find it harder to investigate benefit fraud.

If millions drop off the register because individual registration is introduced too rapidly and with too few safeguards, there will be trouble ahead. The Government have made some concessions, but, as the Bill stands, the number of people on the electoral roll and electoral participation will decline.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

The hon. Lady may be aware that people gave evidence to the Political and Constitutional Reform Committee on this topic, but not a single one of the organisations that she mentions raised the concerns that she mentions, so will she explain the basis of the evidence on which she makes her point?

[Siobhain McDonagh]

I am not sure that I understand the hon. Gentleman’s intervention, but the Association of Chief Police Officers and the police are concerned about the problems of under-registration because they use the electoral register, and many people are concerned about what is going to happen. If he looks throughout the world, and at America, where about one in six under-25-year-olds is not registered and one in six people who earn less than $20,000 a year is not registered, he will find plenty of evidence, quite apart from that provided by those who I am sure gave very good evidence to the Political and Constitutional Reform Committee.

I am worried about the position of those individually registered people who would still be allowed to vote by post or by proxy in 2015, but I am not concerned for my own electoral benefit, because in the London borough of Merton far more postal voters vote Tory than vote Labour. I am defending the opposition’s vote, rather than my own, but it is the right of people who are unwell, disabled, work away or find it easier to vote by post to have the chance to do so.

If anybody here went to sign a postal vote today, they would be asked to tick a box, and they would be able to choose to have a postal vote indefinitely—not until December 2015, but indefinitely. That is the contract which, at the moment, the Bill is going to break. According to ACPO and the Electoral Commission, no electoral result has ever been affected by over-registration, but if postal voters lose their vote en masse that will be a very different matter.

I am concerned that people will not register. The detail of the measure—the fact that we are asking every person in a household to fill in their own form and to put in their own NI number and date of birth—is, practically, an extraordinarily difficult process to go through. As I said when I intervened on the Minister, I am concerned that when the person from the council canvasses they will not be able to fill in the form there and then, even if the individual is able to provide their NI number and date of birth. If the canvasser could do so, that would cut out a lot of bureaucracy.

I hope that my party will allow me to sit on the Public Bill Committee, because I am interested in allowing people to participate and to become involved. If 20% of the electorate can fall off the register in Northern Ireland when individual registration is introduced, then in a constituency such as mine, where a third of voters move every year and there are highly disadvantaged and disfranchised groups, the number who may fall off the register is absolutely huge, and that is in no party’s interest.

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[Mrs Laing]

I agree entirely with the Minister. Of course, it is relatively easy for electoral registration officers to find young people, because up until 16 they are at school or college, and at that point can be approached, educated, given a form and encouraged to register to vote when they reach their 18th birthday.

The Opposition’s argument simply does not hold water. The Bill will give more individual power to every person in this country, particularly the 3 million—I am glad the right hon. Member for Holborn and St Pancras agreed the figure was not 9 million—who should be on the register but are not. It will be far, far easier for them to register on their own behalf, rather than having to do so through a head of household.

[Siobhain McDonagh]

Will the hon. Lady give way?

[Mrs Laing]

Sadly, I do not have time. I am sorry.

Government Members are pleased that the Minister has listened to the consultation. Speaking on behalf of the Political and Constitutional Reform Committee, I am particularly pleased that he has taken account of some of the points raised during the pre-legislative scrutiny. Once again, the Bill is a good example of how pre-legislative scrutiny works to the advantage of Parliament and the democratic system. In particular, I think of the data matching with the Department for Work and Pensions, keeping people on the register during the transition, and recognising that registering is a civic duty and maintaining a penalty for not doing so. In those areas, the Government deserve to be congratulated on having amended the draft Bill. I also welcome the funding formula for local authorities under section 31 of the Local Government Act 2003, and I am glad that the Minister will be consulting on accountability.

That brings me to the second half of the Bill, which we have not really debated yet, concerning the powers of electoral registration officers and returning officers. At present, returning officers are accountable to no one. We need a structure whereby they can be ordered to carry out instructions, possibly by the Electoral Commission. We saw during the 2010 general election that the Electoral Commission had no power to direct. On the matter of counting votes at the close of poll, I tabled an amendment, which was supported by the then Secretary of State, the right hon. Member for Blackburn (Mr Straw) and subsequently became law. Returning officers had to be directed by an amendment to primary legislation to count the votes at the close of poll. That is not the right way to do it; there should be a much better structure, and I therefore welcome clause 17.

I suggest, however, that the Minister might wish to go further. Something else happened in 2010 that has not been addressed in the Bill. It involved people who were waiting to vote at the close of poll. Eligible electors who are present at a polling station at that time should be allowed to vote if they are within the precincts of the polling station. I appreciate that this matter needs to be carefully defined, but I suggest that the Bill gives the Government an opportunity to introduce rules that would give the presiding officer at a polling station the authority to designate the end of a queue, for example, or the area—not necessarily in the polling station itself—in which people must be present before 10 o’clock in order to vote at 10 o’clock. On the night of the 2010 general election, there was unfair criticism of the Electoral Commission, which did not have the power that the media thought it had to tell electoral registration officers what to do. I hope that the Minister will consider amending the Bill in this respect.