Electoral Registration and Administration Bill

Wayne David Excerpts

Wednesday 23rd May 2012 Commons Chamber

[Mr Harper]

Local authorities will have legal obligations to deliver those measures, and I will consult them over the summer about the precise details of the timing of and approach to grant allocations so that they get the money to pay for transition when they need it, and ensure that there is clear accountability, showing that they are taking the steps required by law to prepare for the transition to the new system.

[Mr Wayne David (Caerphilly) (Lab)]

The Parliamentary Secretary makes an important point, but will he give a commitment to the House now that the money will be ring-fenced?

[Mr Harper]

Section 31 grants are specific grants, and the hon. Gentleman needs to be aware of an interesting point: local authorities already fund about one third of the cost of electoral reform, so if we insisted on a specific amount being spent on electoral registration, it would be easy for local authorities that wanted to do so to evade that. They could use the money that we gave them to pay for their business-as-usual electoral registration and not do any of the things that we want them to do. We will give them money directly; we will consult about the mechanism so that we have some accountability; we will recognise that some local authorities have bigger challenges than others so that all the money is not dished out in the first place—we want local authorities that face the biggest challenges to be able to bid for extra funding—and we will try to ensure that we have a workable system that is not too bureaucratic. I am confident that local authorities and electoral registration officers will welcome our announcement about not allowing the money to be swallowed up in the overall revenue support grant by paying direct grants under section 31 of the Local Government Act 2003. They will have the confidence that they have the money to deliver the programme.

We consulted widely on our proposals for individual registration, which have undergone pre-legislative scrutiny. We have worked closely with the Electoral Commission, the Association of Electoral Administrators and groups of front-line staff on our plans. We will begin publishing draft secondary legislation for IER in June, and we will continue to add to the package as the summer progresses, aiming to conclude publication before Parliament returns in the autumn. We will talk to those key groups about the detail of the proposals as we go along.

There will be some matters for which we do not intend to publish draft legislation—for example, those for which we have no current plans to use the powers. There will be other matters on which we want to seek stakeholders’ views about the approach. In the amendment, Labour Members deplore our not publishing secondary legislation and it is therefore worth saying that, for two similar measures—the Electoral Administration Act 2006 and the Political Parties and Elections Act 2009, both of which contain significant powers to be made by regulation—no secondary legislation of any description was published at any stage during their passage. It was all made and published after the Bills had received Royal Assent. On that issue, therefore, the Labour party is very much in the mode of “Do as we say, not as we do.”

The Government’s approach is to treat the House much more seriously, to publish Bills in draft, to carry out pre-legislative scrutiny, and to publish draft legislation while the measure is still going through the House. May I pick up the point that the Chairman of the Political and Constitutional Reform Committee made? Members can see what is proposed while the Bill is undergoing its parliamentary passage. I will take no lectures on that from anyone on the Labour Benches.

So far, I have discussed the measures that we are taking to mitigate the risk of the transition to the new system. There are also several opportunities to do better. The Bill will facilitate online registration, whereby an individual will complete the end-to-end process without having to fill in a paper form. That will make it more convenient for individuals to register to vote, more accessible for, for example, people with visual impairments, and more accessible for young people. It is our intention that the online system will be fully operational when the transition to individual registration begins. As I said yesterday during Deputy Prime Minister’s questions, that is a genuine opportunity, certainly for disabled people.

For example, Scope said that it

“supports the change to a system of IER, and warmly welcomes the Government’s commitment to ensure that disabled people’s needs are taken into account”.

It agrees with our assessment that

“the introduction of IER should improve access for voters with disabilities. The current arrangements do not adequately allow for disabled people’s access needs to be taken into account”,

and that the introduction of IER offers an ideal opportunity to put in place a more accessible system. We intend to do that.

--- Later in debate ---

[Mr Wayne David (Caerphilly) (Lab)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House, whilst affirming its support for a complete and accurate electoral register and a move to a system of individual electoral registration (IER), declines to give a Second Reading to the Electoral Registration and Administration Bill because whilst the Political Parties and Elections Act 2009 received cross-party support, establishing an orderly move to IER with a strong independent role for the Electoral Commission in guarding against a sharp fall in registration numbers, the Bill speeds up the introduction of IER, and downgrades the Electoral Commission’s role, with the result that there will be no independent arbitrator with the power to halt the process if it is deemed to have resulted in a sharp drop in registration levels; notes that the 2015 parliamentary boundary changes will be based on the new electoral register which will potentially be inaccurate, risking illegitimate new constituency boundaries; believes the proposals would mean the young, the poor, ethnic minorities and disabled people would face an increased risk of being unregistered and thus excluded from a range of social and civic functions; further regards the proposals as flawed as they risk making the list from which juries are drawn less representative; concludes that because the evaluation of the second round of data-matching pilots will not be published until early 2013 an assessment of the likely completeness of the register is in effect prevented; and deplores the fact that the Government has not published secondary legislation and an implementation plan for the introduction of IER.”

As the Minister has said, the Bill is essentially in two parts, the second of which concerns the minutiae of the administration and conduct of elections. Much of it contains relatively uncontentious proposals, but other matters ought to be addressed, particularly the need to ensure that there are no more queues at polling stations. One proposal might well raise a few eyebrows—to allow a candidate who is supported by two or more political parties to use the emblem of one of them. The Minister has said previously that the measure addresses an anomaly and permits Labour and Co-operative candidates to use those emblems. It is kind of him to be helpful to the Labour party, but I must tell Conservative Back Benchers to be afraid—be very afraid. It could well be the thin end of the wedge. Who knows what it could lead to?

The first part of the Bill demands far greater attention because it focuses on electoral registration. The Opposition’s view is that individual electoral registration is a sound principle. It places an appropriate responsibility on individuals to register to vote and is in tune with modern society. It can no longer be sensible for voter registration to be in the hands of the head of household. Individual elector registration is also an effective way in which to ensure the completeness and accuracy of voter registration. That is why the Labour Government secured legislation for individual elector registration in Northern Ireland and Great Britain.

Last autumn, the Government introduced their draft Bill and White Paper on IER. Understandably, their proposals at the time created consternation among a wide range of opinion. Much attention focused on their suggestion that there should be a virtual opt-out for individuals who do not wish to be reminded about registration by an electoral registration officer. The second proposal that understandably left many aghast was the suggestion in the White Paper that voter registration ought to be a lifestyle choice, and that no fines should be imposed for non-registration. I welcome the fact that the Government have reconsidered both those proposals and others, but we should be clear that a draft Bill and prior consultation are relatively innovative for this Government—there was no draft Bill or prior consultation on two previous pieces of important constitutional legislation, namely the Fixed-term Parliaments Act 2011 and the Parliamentary Voting System and Constituencies Act 2011. I am glad that they are changing their ways. The opt-out has been dropped and civil penalties will be introduced, as suggested by the Opposition. I am also pleased that the Government have listened and that many electors on the old registers will be carried over. Similarly, the annual canvass planned in 2013 will now occur in 2014. As far as that is concerned, so far, so good.

[Ms Buck]

Does my hon. Friend recognise that the population and electoral registration turnover in parts of the country, particularly London and the inner cities, is 30%? Having a canvass a full year before an election means that we risk going into the election with a third of the population unregistered. The Minister said that there will be a national expectation that the total number of people not on the register will fall, which is fine, but if we do not recognise the variance between communities and the pressures on cities, that national expectation will not be much comfort to people such as me.

[Mr David]

That is a good point, and I shall refer to it later in my speech.

As I was saying, the Government have made positive concessions, but they have not listened on other matters—indeed, they have refused to listen to those who have expressed legitimate concerns about the Bill. Foremost among the Opposition’s concerns and those of many outside the House is the Government’s intention to press ahead with individual elector registration at a breakneck speed. The concern that there will be no carry-over for many postal and proxy votes in the move to a new register has been expressed by a range of disability charities, including Mencap, Sense, the Royal National Institute of Blind People and Scope.

[Mr Mark Williams]

I have read the Scope briefing and share that concern, but is the hon. Gentleman not reassured by what the Minister has said? He said that a very small group of people will not be carried over and that there will be a carry-over of existing absent voters to the new list.

[Mr David]

I am not entirely reassured by what the Minister has said. In fact, I found his comments contradictory and confusing. It is a straightforward matter, and I hope that he provides in his winding-up speech the clarification that the Opposition and organisations such as the Royal National Institute of Blind People want.

There is also a worry that moneys for EROs to support transition have not been adequately ring-fenced. I listened carefully to the Minister. He provided more clarity, but has specifically not stated that the money will be ring-fenced so that it is spent on the purpose for which it is intended, which was a key Political and Constitutional Reform Committee recommendation; I pay warm tribute to the Committee’s work.

Many other concerns are referred to in the reasoned amendment, one of which is the power that the Bill gives to Ministers to cancel annual canvasses. The Government’s argument is that we might at some point no longer need annual canvasses, when registers are complete. The Opposition argue that an annual canvass is needed even if we eventually have high registration levels, because we must always guard against, and be diligent about, any deterioration of the electoral roll.

The Government have made much of their U-turn on civil penalties. I do not want to belittle their volte face, but before the House can make an assessment of the civil penalty that the Government propose, it needs to know exactly how much the penalty will be. The Minister has said in other exchanges that the penalty will be like a parking fine, but the size of parking fines varies enormously across the country. Here in Westminster, they can be as high as £130, but in Rhondda Cynon Taff in south Wales, they can be as low as £25. Nobody wishes large numbers of fines to be issued, but if fines are to be an incentive for people to register, they need to be fixed at a reasonable level, and yet we do not know what that will be.

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

When I was a Conservative party agent way back in the 1980s—[Interruption.]—people were forced to pay a fixed fine of £50 for non-registration, but does the hon. Gentleman know how many people were forced to pay it?

[Mr David]

That is not much of an argument. We need an indication from the Government, which they have failed to provide, of the level at which the fixed fine will be set. There is no question of varying the fixed fine, of course; it will be a uniform fixed fine. We simply want to know what it should be. The Observer suggested that it might be £100. There have been other suggestions, too. I am simply saying that given that the Government are making a big thing of having listened to the opinions of many people outside the House and are committed to a civil penalty in principle, we need to know what they judge an effective figure to be.

[Gavin Shuker]

Is not the point that the threat of a fine is proportionate to how much money it would take off people? If it is a small fine, people will be less likely to register, but if it is a larger fine, they will be more likely to do so.

[Mr David]

My hon. Friend puts it very well.

The Minister told us that details of the civil penalty would be set out in secondary legislation, which brings me to a broader point. With this legislation, perhaps more than any other, the devil is in the detail, but the detail is tucked away in secondary legislation and we cannot see it. Last November, I asked the Deputy Prime Minister, from the Dispatch Box, whether the Government would publish their secondary legislation at the same time as the primary legislation. That was six months ago. Additional information has been forthcoming, including today, but six months later we still cannot properly assess these proposals, simply because we do not know—we have not been told—the detail.

One of the main reasons we have continuing concerns about the Bill relates to the Government’s timetable for implementation. Under the last Labour Government, the Electoral Commission was to play a key role in monitoring and assessing the progress towards a new register. Sadly, that role has been diminished and downgraded. Instead, the Government are rushing pell-mell into a new system of electoral registration that ought to provide the cornerstone of our democratic process. We understand from the Government that they are undertaking a second round of data matching. That is to be welcomed and will show how complete the new register is at the end of 2015. The pilots will indicate whether the new register will be depleted. In all reasonableness, I think that the House should be aware of the conclusion of the pilots before it decides on the Government’s implementation timetable, yet the results of the data-matching pilots will not be available until early next year.

Why are the Government hell-bent on introducing this radical change at breakneck speed? It has been suggested that they are determined to end the carry-over arrangements before 1 December 2015 for reasons of Conservative party self-interest.

[Mrs Eleanor Laing (Epping Forest) (Con)]

I recall that we first discussed individual electoral registration in the House seven years ago, since when it has been implemented in Northern Ireland—effectively a pilot scheme for the rest of the UK—and it has been looked at over the past two or more years in great detail. How can that possibly be described as breakneck speed?

[Mr David]

It is breakneck speed. This is the first piece of legislation in the Queen’s Speech to be introduced. The Electoral Commission and many others have said that we must first complete the data-matching exercises. The Government have deliberately introduced this legislation as quickly as possible in their legislative programme to circumvent the evidence coming forward that might highlight weaknesses in the process.

[Simon Hughes]

The hon. Gentleman has a problem. He is a good guy and, like me, wants a good Bill. The Government came up with proposals, have hugely improved on them having listened to him, me and many others, including people outside, and they now want to implement a system that his Government never implemented, despite saying that they would—and this Government will do it as quickly as possible, and they are building in the safeguards. On this occasion, then, he ought to accept that the Government have done a good job. Why does he not simply thank the Government for having listened?

[Mr David]

With all due respect, I say to the Liberal Democrats that, yes, concessions have been made, but there is still a long, long way to go. As I hope the Liberal Democrats come to realise before the end of the passage of the Bill, some measures in it might well work against their interests. The advantage will be with the Conservatives, and the Liberal Democrats might pay a very high price for acquiescing in the policies of their Conservative masters.

What is the significance of 1 December 2015? It is when the next parliamentary boundary review takes place. As we should all be aware, under the Parliamentary Voting System and Constituencies Act 2011, if, for whatever reasons, there is a decline in the number of electors in certain constituencies, the parliamentary boundaries must be redrawn. It would be most unfortunate for the Government to give the impression that they were seeking political advantage by introducing IER at the end of the transitional period, when the size of the electorate could be temporarily diminished. It could be that the new data-matching pilots will indicate that December 2015 is precisely the time when electoral numbers are likely to be at their lowest.

[Chris Ruane]

What reason have the Tory Government given for bringing forward IER by one year and putting back the next election to the latest possible date, which is May 2015? Is it happenstance or could it be for political advantage?

[Mr David]

I do not think it is mere coincidence. It is possible to look at the dates and come to certain conclusions. I only wish that the Liberal Democrats would do the same and recognise that there is a lot in what I say.

That concern has been identified by many others. The Political and Constitutional Reform Committee has raised it, as has the Electoral Reform Society, which pointed out that a depleted register could lead to the reduction of inner-city constituencies, while leaving

“thousands of…citizens who will not be accounted for or considered in many key decisions that affect their lives, yet will still look to MPs to serve them as local constituents.”

I ask the Government, therefore, to dispel any impression that their agenda is partisan. To do that, all they need to do is adopt a more reasonable time scale for the introduction of IER that goes beyond December 2015.

It is because the Government have so far been unable to acknowledge our concerns or act on our proposals that we have tabled our reasoned amendment. If the amendment is unsuccessful, we will oppose the Bill’s Second Reading. That is not a course of action that we want to take, but we feel it absolutely necessary to uphold the integrity of the electoral system while ensuring that our democratic system is built on firm foundations.

[Mr Harper]

rose—

[Mr David]

We believe that there is no firmer foundation than an accurate and complete electoral register.

--- Later in debate ---

[Mr Mark Williams (Ceredigion) (LD)]

It is a pleasure to follow the hon. Member for Sunderland Central (Julie Elliott). She approached this subject in a constructive manner, and I hope to do the same while offering some suggestions as to how the process could be improved.

It would be churlish not to celebrate the differences between the current proposals and the Government’s original announcements in the White Paper and the documents that went to the Select Committee for pre-legislative scrutiny. That demonstrates that the Government have taken account of the consultation and have listened to what representatives from a range of organisations have said. They have made a lot of significant changes to the Bill as a result. Among the most welcome are the changes to ensure that we get as full an electoral register as possible. The negativity of Opposition Members astounds me. This should be an opportunity to enhance the electoral list, and build a bigger list. I am shocked by some of the comments I have heard.

Many of the issues raised in Labour’s Opposition day debate have been addressed. The opt-out provision has been removed from the form. There was a great deal of controversy about that, but the Government listened and responded. The Government have also yielded on the civil penalty issue, and there has been action on the question of the canvass in 2014. As the hon. Member for Epping Forest (Mrs Laing) said, the new individual voter registration scheme enables individuals to register and be responsible for their own vote, rightly taking responsibility away from the head of the household for registering everybody in the household, which was an outdated notion. I understand the point made by the hon. Member for Mitcham and Morden (Siobhain McDonagh) about the importance and significance of mothers, but we must all reach a point in our lives when we can make a judgment on these matters ourselves.

Registering to vote is a civic duty, and having a penalty for those who fail to do so serves to reflect that. That has been in place for almost 100 years, since 1918, when the last Liberal-Conservative coalition introduced a £20 fine, a sum that is equivalent to about £3,500 in today’s money. Since then, with all-party agreement, the House has agreed to maximum fines of £50 in 1969, £100 in 1983, £400 in 1986 and £1,000 in 2001. I welcome the fact that the Government are moving along those lines in respect of civil penalties for individuals. Having no offence would also have meant there was no incentive for local authorities to follow up on hard-to-reach voters, who have as much right to be enfranchised as anyone else.

The Government have also listened to the concerns about the boundary changes, and concessions have been made. The Government are as keen as anyone that we should have a complete and responsive electoral list.

[Mr David]

On that point, does the hon. Gentleman not agree that it would be a good idea if the Government listened to all the informed opinion, and delayed the implementation of a full new register until after the boundary changes?

[Mr Williams]

The Opposition have been wallowing in conspiracy theories in this regard. The Government have made a huge number of concessions in order to ensure we have a complete electoral list on which to base the new boundaries. The Government have responded to the concerns expressed about the use of the register for the jury service pool, and about credit check companies and mortgage providers using it to check an individual’s background. Again, those considerations have been reflected in the changes made by the Government.

I look forward to hearing more from the Government about the level of the penalties that will be set. I share the impatience of the hon. Member for Caerphilly (Mr David) in that regard, but the Government have assured us that during the Bill’s passage, we will have the relevant draft secondary legislation. The hon. Gentleman is right: we need to hear what penalties the Government have in mind and what discussions have taken place on this issue. I will welcome the speedy emergence of that draft secondary legislation.

I am also pleased that the Bill states that the money raised will go to the Treasury, so that local authorities cannot be accused of using the failure to register as a money-making venture. I wonder whether the Minister, my hon. Friend the Member for Somerton and Frome (Mr Heath), can say whether the fine will be on the scale of a parking fine, for example. Will it operate in a similar way—I hesitate to use that example; there are many disreputable car-parking companies in our constituencies—and will the fine increase if payment is not received within two weeks, as happens with some parking fines? If, after one month, the person fined still has not taken any action to register, will the fine be repeated? These are legitimate questions, and we look forward to the speediest possible emergence of that information.

I am very glad that the Government have decided to move the annual canvass from 2013 to 2014, so that the gap between it and mass mailing is shorter. Hopefully, there will therefore be fewer significant changes. I remain a little concerned, however—in the spirit of consensus, this is perhaps another area of agreement between me and the hon. Member for Caerphilly—that clause 6 allows the relevant Minister to abolish the annual canvass. I have heard the rationale behind this provision—that future data matching will be sufficiently developed to ensure that an annual canvass is not necessary—and in that regard the example of Northern Ireland is often cited. I would like clarification of that rationale, but I do note that clause 6 also gives the Minister the power to reinstate the annual canvass.

I am pleased that there will be the opportunity to register online, a positive step that will appeal to a lot of young people. Like the hon. Member for Sunderland Central, I saw the presentation, which was impressive; however, there is a great deal of work to be done. The point has been made—I made it myself in an intervention—about the ease or otherwise with which people can access their own national insurance number. I was surprised to hear the Minister say that only 5% of people could not readily access their NI number. A quick survey of my office in this place revealed that I was the only one out of four people who knew their NI number. I doubt whether most of our constituents study their NI number on their payslips; perhaps they are more inclined to look at the other numbers. We need clarity here, and to develop seamless ways in which people can access their NI number.

As I have said before in this House, it is all very well talking about accessing Government services on the internet in parts of the country where it is easy to do so: for those in west Wales—Ceredigion, for example—the situation is very different. I am afraid that at the moment, 20% of my constituents cannot access anything on the internet—the Government do have the worthy aspiration to roll out broadband across the country—so there are limitations. That is why the traditional method of the annual canvass is so significant in the registration of voters.

I was pleased to learn from the Government that funding will be set aside for each local authority to implement the changes associated with IVR, and that extra money will be available through bidding. We can all envisage places in our constituencies where that extra money would be put to good use.

Ceredigion may not be characterised in the same way that inner-city constituencies have been, but I represent two universities. Students are traditionally hard-to-get-at voters at election time and before. [Interruption.] The hon. Member for Mitcham and Morden (Siobhain McDonagh) speaks from a sedentary position; I have no difficulty in speaking to my student voters, but registering these people is challenging. I am well used to seeing the piles of electoral registration forms heaped up in student pigeonholes in halls of residence and in houses in multiple occupation, of which there are a huge number in my constituency. Huge numbers of forms sit there untended as the months go by. They will require extra resources but, again, the Government have made those resources available and intimated that they will be available.

I reinforce what the Minister said about the value of education. I used to be a teacher, and I believe there is great merit in using the education system, as we have heard has happened in Northern Ireland, to promote the registration of voters from sixth forms. That is a practical way of engaging people in citizenship and assisting local authorities in registering new voters.

I would also like to hear a little more about the dissemination of best practice and the standardisation of electoral registration forms across the country. As the Minister knows, some very good examples are available. We have heard about Sunderland Central’s good record in these matters. In order to please the hon. Member for Vale of Clwyd (Chris Ruane), I wish to mention the example of Denbighshire, which has sent out some extremely effective forms and follow-up forms. We need to disseminate the practice from Denbighshire across other areas of the country. Crucially, such forms need to be bilingual in Wales.

My hon. Friend the Member for North Cornwall (Dan Rogerson) is concerned about the issue of second homes and the prominence of items on electoral registration forms for people who own two residences. I want the civil penalty and the possible penalties that may be levied to have real prominence on those forms.

I also wish to highlight the concerns voiced by Scope, and I await the response from our Front-Bench team on the issue of the carry-over of voters from 2014 to 2015, and on whether all postal and proxy voters have to re-register. I was heartened by what the Minister said about this applying only to those people who have not yet been dealt with through the data-matching pilots. If that is not the case, the prospect of so many people who have been used to having a postal or proxy vote for so many years, election after election, not being included is very alarming. That needs to be addressed.

I sum up by saying that this Government have made huge progress on this Bill. There are still matters that need to be ironed out and that we need to reflect on in Committee, but compared with where we were at the time of the Labour Opposition motion before, the Bill is vastly improved. That is why Government Members will be supporting it tonight.