Electoral Registration and Administration Bill

John Bercow Excerpts

Tuesday 29th January 2013 Commons Chamber

[The Leader of the House of Commons (Mr Andrew Lansley)]

I beg to move, That this House disagrees with Lords amendment 5.

[Mr Speaker]

With this it will be convenient to take Lords amendment 23 and Government amendments (a) and (b) in lieu.

[Mr Lansley]

Lords amendments 5 and 23 on the boundary review were inserted into the Bill in the Lords, despite being outside the scope of the Bill. This was clearly done with the intention of preventing the implementation of the boundary review, which was agreed by this Parliament in the Parliamentary Voting System and Constituencies Act 2011.

The effect of Government amendments (a) and (b) in lieu would be to provide for the boundary review to proceed and for the Boundary Commission’s recommendations to come into force, taking effect at the next general election, without a requirement for any further vote in either House of Parliament.

I move this motion as Leader of the House in order to facilitate the debate. In the first instance, Members of this House will decide whether to disagree with the Lords in their amendment, the effect of which would be to put off the boundary review until 2018. If Members approve that motion, we would then go on to vote on whether instead the current boundary review should go ahead without further interference.

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[Mr Jack Straw (Blackburn) (Lab)]

Does the right hon. Gentleman accept that he is being just a tad disingenuous in claiming—

[Mr Speaker]

Order. Although the list of proscribed words ceased to exist some time ago, I would say that the right hon. Gentleman is on somewhat dodgy ground in using that word. In view of his known dexterity in the use of language, I exhort him to deploy another term to make his point.

[Mr Straw]

I thought perhaps the word “tad” would ameliorate the effect. Would “dissembling”—

[Mr Speaker]

Order. If the right hon. Gentleman cannot accuse somebody of behaving disingenuously, it is small comfort for that person to be accused of behaving only a tad disingenuously.

[Mr Straw]

Is “dissembling” acceptable?

[Hon. Members]

No!

[Mr Speaker]

Order. I am sure the right hon. Gentleman will not be held back for long.

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

On a point of order, Mr Speaker. Would you accept a motion that the right hon. Gentleman be no longer heard?

[Mr Speaker]

No.

[Mr Straw]

Would the Leader of the House accept that he has put only a part of his argument when he justifies the measure on the grounds of seeking equality of electorates? That principle is agreed across the Chamber. The objection to the 2011 Act was that it was a wholly partisan measure, breaking a clear convention that this kind of measure be agreed across the parties, to arbitrarily reduce the number of MPs from 650 to 600. That is the real reason.

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[Mr Speaker]

I thought that the hon. Gentleman’s thirst might have been quenched, but the truth, as we all know, is that he is unquenchable.

[Michael Fabricant]

I shall take that as a compliment, Mr Speaker. You will know that I am very naive about what goes on on the Back Benches, as it has been a long time since I was last here—apart from the past two weeks, of course. I have been asking questions of my right hon. Friend the Leader of the House about the views expressed by the Deputy Prime Minister, who, sadly, cannot be here today. Do you have the power to call the Deputy Prime Minister to the House to explain why it is suddenly no longer a point of principle for him to vote for a measure that he voted for only a couple of years ago? Perhaps you could explain that to me, Mr Speaker. I am curious.

[Mr Speaker]

No, I do not; no, I could not; and no, it would not be right for the hon. Member for Lichfield (Michael Fabricant), who is a decent fellow, to seek to embroil me in partisan politics. That would be unworthy of him, and I feel sure that he would not knowingly behave in an unworthy way.

[Sadiq Khan]

May I begin by congratulating the Leader of the House on the sheer audacity of his speech? His criticism of the House of Lords is breathtaking. Only six months ago, he and his party were saying that—I paraphrase—the House of Lords was so perfect that it did not need any reform, yet here he is today, arguing that it is so inept and incompetent that it cannot be trusted with this issue, despite all the Lords’ experience and the impartiality that the Conservatives claim comes from being unelected. You really could not make it up.

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[Kevin Brennan (Cardiff West) (Lab)]

On a point of order, Mr Speaker.

[Mr Speaker]

I hope that this is a point of order rather than a point of enormous wit—we shall discover.

[Kevin Brennan]

It is not for me to judge, Mr Speaker. During the excellent speech by the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso), he was intervened on a couple of times and was referred to as being the “noble” Member. Can you clarify whether or not there are any noble Members in this House? Or are we just all common?

[Mr Speaker]

All right hon. and hon. Members in this Chamber are equal. That is perhaps not the answer that the hon. Gentleman seeks, but it is the answer that he is going to get, especially as his attempted point of order was just that—attempted. It was many things but it was not a point of order.

[Paul Blomfield (Sheffield Central) (Lab)]

I am delighted to have the opportunity to speak in the debate and to follow the hon. Member for Caithness, Sutherland and Easter Ross (John Thurso), who made a striking and powerful speech. I, like other Members, particularly enjoyed his last point.

I am pleased to be able to speak in opposition to the Government motion and in support of Lords amendments 5 and 23, and I welcome the cross-party support for those amendments in the other place and in the Chamber today. The other place has done democracy a great service by highlighting the link between this Bill and the Parliamentary Voting System and Constituencies Act 2011, because, contrary to the point made by the Leader of the House, the impact of these two pieces of legislation together would have been unfairly to reduce the representation of our great cities and urban areas.

A number of Government Members have talked about the simple principle of fairness, and the Leader of the House talked about the disparities in the system. There are disparities, but they are not the ones that he talked about. If I were selected by my party members again, the proposed boundaries would benefit me electorally. Nevertheless, they are unfair and undermine our democracy because of the enormous mismatch between population and registered voters.

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[Miss Chloe Smith]

I beg to move, That this House agrees with Lords amendment 7.

[Mr Speaker]

With this it will be convenient to consider Lords amendments 10, 11, 1 to 4, 6, 8, 9 and 12 to 22.

[Miss Smith]

With your leave, Mr Speaker, I shall—[Interruption.]

[Mr Speaker]

Order. Will right hon. and hon. Members who are leaving the Chamber—[Hon. Members: “We’re celebrating!”] Will Members who are leaving the Chamber for whatever purpose please do so as quickly and quietly as possible so that I can call Minister Smith to speak to the motion? She should not have to fight to be heard, and we wish to hear her.

[Miss Smith]

Thank you, Mr Speaker. I shall speak to Lords amendment 7 and, with your leave, I shall speak to the other amendments in the group as well. It might therefore take me a few minutes to complete my speech, as it covers all the amendments.

Lords amendments 7, 10 and 11 will enable voters waiting in a queue at close of poll to be issued with ballot papers and to vote, even if the time of close of poll has passed. Following debates on the subject, the Government have decided to accept the principle of the amendments introduced in both Houses, to ensure that people are able to exercise their right to vote if they are already in the queue at 10 pm on polling day. The measure has attracted cross-party support in both Houses, and the Government agree with the sentiment behind a change in the law to enable voters to vote.

The Government did not accept amendments previously tabled on this subject, and have instead introduced their own group of amendments to address some of the issues identified by the previous amendments. For example, the amendment tabled by Lord Pannick did not apply to Northern Ireland and would have resulted in an inconsistent position for voters across the United Kingdom.

In tabling their own amendments, the Government remain concerned that all potential consequences for other aspects of electoral law of any new provisions relating to close of poll should be dealt with at the point at which the new provisions take effect, to reduce the risk of unintended consequences. I will not dwell at length on those amendments; suffice it to say that the term “close of poll” is used in a number of electoral provisions, including those that determine when exit polls may be published and the point by which postal votes must be returned. Some of those provisions attract criminal penalties and it would not be right if the impact of a change were not considered and addressed, to avoid a position in which people might fall foul of the law inadvertently. The amendments therefore provide for a proportionately limited power that will allow the Government to make any such consequential changes that might be required on commencement.

Let me make it clear that, although the Government are introducing these amendments, we remain of the view that proper planning by returning officers must be the first priority to reduce the risk of queues forming. However, this change to the law will provide an effective back-stop to supplement that planning. The Government have also consistently argued that administrative points remain to be addressed, and we will work closely with the Electoral Commission and electoral administrators on the best way to implement the amendments for voters. However, putting aside those points of detail, I hope that we can agree to support this change to the law for the benefit of voters.

The other amendments in the group relate to the transition to, and operation of, individual electoral registration. That is the core of the Bill, through which we aim to tackle electoral fraud and the perception of fraud. Under IER, electors will be required to register individually, rather than by household. In that way, we will be moving to a system in which individuals will have to provide information to verify their application, and so take responsibility for their registration to vote. That will modernise our electoral registration system, facilitating the move to online registration and making it more convenient for people to register to vote. Our aim is to tackle electoral fraud, increase the number of people registered to vote, and improve the integrity of the register.

It falls to me to rebut a few points made in the previous debate, as they properly relate to the subject matter in this group of amendments. I was concerned to hear the Labour Front-Bench team whipping up scare stories. It felt to me that they had little else to say, and their opportunism led them to introduce some confusion into our debate. It is important to note that the figures occasionally quoted, as I understand it, by the hon. Member for Vale of Clwyd (Chris Ruane), who is not in his place, related to an opt-out that was included in the draft legislation published in June 2011, and not to the transition to individual electoral registration in general. The hon. Gentleman quoted the concern of the Electoral Commission about completeness, potentially leaving, in his citation, 16 million people unregistered. Those comments were, I suggest, a misquotation of the Electoral Commission’s chairwoman, Jenny Watson. She clarified her opinion in a follow-up statement. I hope that is of help to the House.

It is also important to rebut very firmly further comments of the hon. Member for Vale of Clwyd. Sadly, I see that he is still not in his place, after having made the lurid suggestion that the Government are engaged in voter suppression. I cannot stand against that more strongly. I think it would be helpful if I noted that the Electoral Commission has been calling for the introduction of IER since 2003. It supports that introduction and believes

“it is the right thing to do because the current system is vulnerable to fraud; and it is right that people take responsibility for their own votes. The ‘household’ registration system means there is no personal ownership by citizens of a fundamental aspect of their participation in our democracy—their right to vote.”

I seek to support that right to vote. I am concerned that the hon. Member for Vale of Clwyd, who is still not in his place to engage in debate, made such lurid comments.