Electoral Registration and Administration Bill

Wayne David Excerpts

Monday 18th June 2012 Commons Chamber

[Mr Wayne David (Caerphilly) (Lab)]

I beg to move amendment 2, page 2, line 8, at end add

‘if the Electoral Commission believes that the new electoral system is operating effectively’.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Amendment 30, in clause 25, page 14, line 17, at end insert—

‘(1A) Before making an order under subsection 1, the Secretary of State must seek the views of the Electoral Commission as to whether the establishment of an electoral register made up solely of electors who have registered individually would help or hinder the achievement of the registration objectives.

(1B) For these purposes the registration objectives are to secure, so far as is reasonably practicable—

(a) that persons who are entitled to be registered in a register are registered in it,

(b) that persons who are not entitled to be registered in a register are not registered in it, and

(c) that none of the information relating to a registered person that appears in a register or other record kept by a registration officer is false.

(1C) The Commission must submit its assessment, with a recommendation, in a report to the Secretary of State, which must be laid before Parliament as soon as possible by the Secretary of State.

(1D) If—

(a) the recommendation in the Electoral Commission’s report is that the establishment of an electoral register made up solely of electors who have registered individually would help the achievement of the registration objectives, and

(b) the recommendation is approved by a resolution of each House of Parliament,

the Secretary of State may make an order bringing Parts 1 and 2 of this Act into force.

(1E) The Secretary of State may not make such an order if those conditions are not met.

(1F) If—

(a) the Electoral Commission’s report does not contain a recommendation to proceed to establish an electoral register made up solely of electors who have registered individually, or

(b) the report does contain such a recommendation, but it is not approved by a resolution of each House of Parliament,

within 12 months after the day on which the report is submitted by the Electoral Commission (in the case mentioned in paragraph (a)) or disapproved in Parliament (in the case mentioned in paragraph (b)), the Secretary of State must require the Commission to submit, by a specified date, a further report under this section containing the terms mentioned in subsection (1A).

(1G) For the purposes of subsection (1F)—

(a) a report is disapproved in Parliament when either House decided against resolving to approve the report (or, if both Houses so decide on different days, when the first of them so decides);

(b) the date specified by the Secretary of State must be at least one year, but no more than two years, after the day on which the requirement under that subsection is imposed.’.

Amendment 31, page 14, line 17, at end insert

‘with the exception of Schedule 5, Part 2, which shall come into force by order only once—

(a) the data matching pilots for pre-verification purposes established by the Electoral Registration Data Schemes Order 2012 have been completed,

(b) the Electoral Commission has reported on these schemes as under the terms of that Order, and

(c) the Electoral Commission believes that the completeness of the register will not be negatively affected.’.

[Mr David]

Labour Members support the principle of individual electoral registration, as we indicated on Second Reading; indeed, we legislated for it in the last Parliament. We believe that it is desirable to have a complete and accurate electoral register. We also believe that IER is a system that is compatible with modern society, and we recognise that it is outdated to rely on the head of the household. However, we have genuine concerns, and the amendments we have tabled reflect them.

Clause 1 will amend the Representation of the People Act 1983 to enable local registration officers to add individuals to the electoral register under the new system. Let me make it clear that we accept the need for clear guidance to be given during the early stages of the new system’s implementation, but we are extremely concerned about the huge power that the Bill will give to Ministers. It would be better for the Secretary of State to issue guidance, under section 52 of that Act, and for action to be taken following a recommendation from the Electoral Commission to follow certain guidance. We fully accept that that would not involve parliamentary scrutiny, but it would take us beyond the five years stipulated in the clause.

The mention of five years brings me to my next point. The Bill’s explanatory notes state in relation to clause 1(5):

“Subsection (5) provides that the requirement for registration officers to have regard to guidance about determining applications to register will cease 5 years after coming into force. This provision is included because after five years the new registration system, and the process for determining applications, is likely to have reached a steady state and guidance will no longer be necessary.”

I want to emphasise the word “likely” in that second sentence; there is no certainty about this. It involves a possibility, or perhaps a probability. This is “likely” to happen. Furthermore, the explanatory notes use the term “steady state”. I recall the captain of the Costa Concordia suggesting that his ship was in a steady state as it lurched on to its side before being beached. Is that similar to the state of this legislation? In view of the lack of clarity in the explanatory notes, we feel that it would be far better if the Electoral Commission were to determine whether the system was working effectively.

[David Wright (Telford) (Lab)]

Has my hon. Friend had any indication from the Government that they would be willing to consider a system in which the Electoral Commission could step in, and perhaps use a traffic light system to determine whether each area could proceed effectively under the terms of the Bill? Surely that would be better than having a five-year cut-off, which is likely to leave some authorities’ registration processes behind?

[Mr David]

My hon. Friend makes a good point. One of our general concerns about the Government’s approach to this legislation involves the way in which the Electoral Commission’s role has been undermined. The commission is an apolitical statutory body, operating outside the political system, with responsibility for electoral matters, and, as our amendments suggest, we believe that it would be far better if the commission were allowed to reach objective decisions on many of these issues.

[Gordon Banks (Ochil and South Perthshire) (Lab)]

There seems to be quite a lot of concern about the role of the Electoral Commission, in relation to the Westminster Government and the Holyrood Government. Does my hon. Friend know of any reason why those Governments should not encourage the involvement of the commission in discussions and debates on these matters, as such involvement would only strengthen the legislation introduced in either place and make it better?

[Mr David]

I can think of no good reason for the Governments here and in Holyrood not to set much greater store by the use of the expert advice and guidance provided by the Electoral Commission. Perhaps the Parliamentary Secretary, Cabinet Office, the hon. Member for Forest of Dean (Mr Harper) will answer that question later.

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

For the sake of clarity, how, under amendment 30, could the Electoral Commission make a report about whether the new registration system had achieved its objectives or not before the Act came into force? I do not understand the timing. The hon. Gentleman seems to suggest in the amendment that before the Act comes into force, the Electoral Commission has to make a report about whether the effects of the Act have achieved the goals or not. How could that happen when the Act, and therefore the new system, has not come into force?

[Mr David]

We are, of course, talking about a transition period, which is catered for in the Bill. As the Government have correctly argued, the new system is not going to be introduced on a big bang basis, but on an incremental one. As our deliberations on the Bill continue, the hon. Lady will see that we have tabled a number of other amendments that intervene progressively on the transition arrangements. This amendment essentially reinforces, as I said, the role of the Electoral Commission, the relationship between it and the Secretary of State, and the involvement of Parliament as we move as quickly as possible towards a complete electoral register. The amendment goes on to say that the recommendation should be approved

“by a resolution of each House of Parliament”.

That is very important because at the end of the day we are talking about a fundamental change in our democratic process—arguably the most important change since the achievement of the universal franchise. We believe therefore that it is essential that Parliament is fully involved at every step of the way as we move towards the new and path-breaking system.

Amendment 31 relates to the important issue of data matching. Let me provide a little background. In 2011, the Government introduced 22 pilot projects in a range of local authorities in England and Scotland. These pilots were based on a range of national datasets and the Electoral Commission carried out a statutory evaluation of the pilots to assess the extent to which such schemes could help electoral registration officers improve the completeness and accuracy of their registers.

The Government, and particularly the Minister, have said on a number of occasions that these projects went very well indeed, and that the pilot schemes showed that 60% of the current electors should be carried forward. However, in contradistinction, the Electoral Commission is quite scathing in its assessment of the schemes. According to the key findings and conclusions of the Electoral Commission’s evaluation report,

“Our main conclusion is that these pilot schemes do not provide sufficient evidence to judge the effectiveness of data matching as a method for improving the accuracy and completeness of the electoral registers.”

That is a pretty damning indictment of pilot schemes which were intended to point the way to a fundamentally important revision of our electoral process, and it contrasts sharply with what the Government have said—rather complacently, in my view.

Because of that criticism, the Government agreed to conduct further data- matching exercises, and a delegated legislation Committee will meet tomorrow morning to discuss a statutory instrument to introduce the second tranche of data-matching pilots. Obviously we do not know what those further pilots will show, but they may reveal the likelihood of a problem with the new electoral register in the short term. The Government’s own assessments indicate, or at least hint at, that distinct possibility. According to the impact assessment which the Minister himself signed on 8 May this year,

“It is not yet certain what the short term impact on the accuracy of the electoral register will be because there is no clear evidence on the accuracy of electors that are placed on the 2014/15 electoral roll through data-matching. The government is running a second round of pilots to understand the precise impact on completeness”.

That is certainly delicately worded, but even our fantastic civil servants are unable to help the Government much. What they are basically saying is “No evidence is available. The pilot projects that we have organised so far have not shown that the evidence is there. We will organise more pilot projects, but we do not know exactly what they will show. We will proceed on a wing and a prayer.”

[Gordon Banks]

Would my hon. Friend be concerned about any register that was compiled with the use of this data transfer information, especially if this was used in a decision on whether Scotland should become an independent nation?

[Mr David]

My hon. Friend is encouraging me to go way beyond my brief, as you probably agree, Mr Evans, so with all due deference to his incisive comment, I had better return to my original text.

Given the uncertainty that exists, it would surely be sensible to wait for the results of the second pilots, but, for reasons best known to themselves, the Government are intent on introducing a new individual electoral-registration-based register by December 2015. That date may be of significance to some Members. Coincidentally, some would say, it is when the next boundary review will take place. It could be a coincidence, of course: who am I to say otherwise? I am sure that the Minister will give a clear explanation, and that he will give it without smiling. No doubt he will tell us that there is a specific reason, which everyone except him has missed, for the fact that the pilot projects must be assessed after the legislation has reached the statute book.

I want the legislation to succeed—as I have said, we are in favour of individual electoral registration in principle—so it would be common sense and far better if we waited a few months for the certainty provided by the evidence from the second set of pilot schemes. That would also give the Government an opportunity to propose new measures if the schemes raise questions. At the end of the day, what all of us, as democrats, want is as many people who are entitled to be on the register to be on it. That is our objective, and we must ensure that everything possible is done to make that happen. It disturbs me slightly that the suggestion—made not just by Opposition Members, but by the Electoral Commission and many others—that the sensible thing to do would be to wait a few more months to ensure that as many people as possible are on our electoral register has not been taken up.

[Dan Rogerson (North Cornwall) (LD)]

The hon. Gentleman is right to set out an aspiration on behalf of us all that everyone who is entitled to be on the register should be on it. Does he also agree that those who are not entitled to be on the register should not be on it?

[Mr David]

Yes, absolutely, and we will discuss that in more detail later. I am happy to say that people who are not entitled to be on the electoral register should not be on it, but I am very concerned that many people who are entitled to be on the electoral register might not be on it.

I am glad that the Government have moved away from their original, outrageous position of saying that the decision about whether to be on the electoral register will be a lifestyle choice, and that they have recognised that that is, after all, a civic duty and civic responsibility. The crucial point, however, is that being on the register is not an end in itself; it gives people in a democracy the chance to exercise, whether they want to or not, their right to vote. That is why it is so important that everybody has the opportunity to be on the register so that they can make the choice, when the time is right, whether or not to exercise their vote.

[Keith Vaz (Leicester East) (Lab)]

I recently met the chair of the Electoral Commission to discuss the under-representation of black and Asian people on the electoral register. Does my hon. Friend believe that the proposed measure would enable that very important issue to be looked at? My fear is that, unless we get this right, there will be gross under-representation on the register.

[Mr David]

I agree that there is concern that many groups in our society—so-called hard-to-reach groups, for example—might be excluded from the electoral register. A more reasonable time scale for the completion of the new electoral register would certainly give opportunities to many of the people mentioned by my right hon. Friend to be included on the register. One of the noticeable aspects during the long, pre-legislative consultation—I pay tribute to the Government for that—is that a high proportion of those who have participated and made concrete suggestions and proposals are from the groups mentioned by my right hon. Friend. It is vital that their voices are listened to carefully during this crucial stage of the Bill’s passage.

[Mr Andrew Love (Edmonton) (Lab/Co-op)]

Is not the real concern that, while we used to think that 2 million people were missing from the register, recent research by the Electoral Commission shows that the figure is almost certainly double that? Moreover, if we consider the Northern Ireland example, it would appear that a further 15% of people may fall off the register. How far will we allow registration to drop before action is taken?

[Mr David]

My hon. Friend is correct. It is vital that various steps are taken to ensure that as many people as possible are on the register. I would not belabour the comparison with Northern Ireland, which is very different. However, individual electoral registration was introduced there and the evidence shows, as has been confirmed again by the Government, that when the new register was introduced a lamentably low number of the potential electors—the entitled electors—were actually on it. That reinforces our concern about what the situation will be in December 2015 if we proceed according to the time scale indicated in the Bill. That is why we have tabled the amendments. We hope that the Minister will feel able to respond positively to our concerns.

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[Mr Harper]

I could not have put it better.

[Mr David]

I am more than happy to provide an explanation. Resources are extremely limited for Opposition Members and the Minister will have noticed how many amendments we have tabled. That shows our concern about the fine detail of the Bill. However, we thought it was far better to follow the time-honoured practice of tabling amendments and using the facility of being at the Dispatch Box to explain our points and that is precisely what we are doing.

[Mr Harper]

I am sure that the Committee will thank the hon. Gentleman for that point. I simply observe that my hon. Friends the Members for Epping Forest and for The Cotswolds do not have the benefit of £6 million or so of Short money to provide resources, but they seem to have been able to draft very good explanatory statements for the benefit of the House.

I said on Second Reading that I intended to publish secondary legislation in draft for the House to consider. I was criticised by Opposition Members—indeed, I think that it was in their reasoned amendment—for the fact that we had not done so by Second Reading. I said that we would do so while the Bill was in Committee and I drew the House’s attention to the fact that the Opposition were responsible in government for two similar Bills, but they published no draft secondary legislation before those Bills received Royal Assent. I can confirm that I have placed in the Library of the House the first tranche of draft secondary legislation, which will be available on the Cabinet Office website tomorrow morning, for Members to consider while the Bill is in Committee. We have published the first tranche of documentation and will publish it all while the Bill is still going through Parliament and by the time the House returns in the autumn. I hope that that is helpful and it is a useful example of something that the Opposition did not do at any point when they were in government.

[Mr David]

rose—

[Mr Harper]

Of course I will give way, so that the hon. Gentleman can explain.

[Mr David]

I hope that the Minister will explain—after all, that is the Government’s job. If there is to be full and proper scrutiny, there is no point in publishing some of the draft legislation—we do not know which pieces—in the middle of our consideration in Committee. I raised this matter as long ago as last November and surely it would have been better for secondary legislation to have been prepared so that we could have proper parliamentary scrutiny in Committee; the Electoral Commission made the same point. It is no good producing part of the secondary legislation halfway through when we do not even know which legislation it is.

[Mr Harper]

The first tranche was published before we started our consideration this afternoon—on day one, not halfway through. As I said, with two similar pieces of legislation, both of which delegated significant powers to Ministers, the Labour party published no draft secondary legislation at any point during the passage of either Bill through either House of Parliament. It was all published after the Bill had received Royal Assent. I accept that this Government might not be perfect, but on this issue we have made enormous progress compared with the Labour party.

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[Mr David]

I have listened with great care to what the Minister has said, and I have to say that I am not reassured. Much of the discussion that we have had during the past 10 minutes concerned the past; I am concerned about the future. We can all argue about what the previous Labour Government did or did not do and who said or did not say certain things, but what is important is that the Minister has totally failed to come forward with any justification or explanation or reason why the Government have adopted the timetable that they have.

Our starting point is that we support individual elector registration because we want as many people legitimately on the electoral register as possible and to see a modern, streamlined system. We believe that all the evidence from the experience of Northern Ireland and from what may happen with the pilot schemes indicates that there may well be a difficulty when the new system starts properly in December 2015. We therefore respectfully suggest that, in all common sense, we should have a more effective timetable that would ensure the probability of more people being on the electoral register than is the case at the moment.

I am therefore unable to withdraw the amendment. I understand that there will be votes later on amendments 30 and 31, but we would like to press amendment 2 to a vote.

Question put, That the amendment be made.

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[Mr Harper]

My hon. Friend has anticipated my closing remark. As he knows, we have been considering the matter. Along with my officials, I am continuing to think about ways in which we could replace the attestation process with a process involving appropriate levels of security—my hon. Friend’s thoughtful proposals touched on that—and also making it much easier for people to register. I will add my hon. Friend’s well thought through model to my current thinking. I have listened carefully to the thoughts that have been expressed in the House. If we decide to make changes, which I hope to be able to do, the House will have to vote on them in the usual way. I hope that that reassures him.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Schedule 1

Register of electors: alterations and removal

[Mr David]

I beg to move amendment 3, page 16, line 20, at end insert—

‘(6A) The Minister must ensure that a formal appeals process is in place for any person in respect of whose registration a determination has been made under subsection (1).’.

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

With this it will be convenient to discuss the following:

Amendment 20, page 27, line 44, schedule 5, leave out ‘second’ and insert ‘third’.

Amendment 18, page 31, line 6, leave out ‘first’ and insert ‘second’.

Amendment 19, page 31, line 19, leave out ‘first’ and insert ‘second’.

[Mr David]

Schedule 1 deals with the number of electors on the register, and amendment 3 relates to an appeals process. I should like some clarification from the Minister. Section 10A(3) of the Representation of the People Act 1983 and regulations made in 2001 set out a clear appeals process for those who are not included in the register and think that they should be. We believe that people who are excluded under the new system should have a legitimate right to appeal against the decision made by the electoral registration officer.

We are also concerned about the implications for human rights. The ability to cast a vote is a fundamental human right: it is important not just in the context of domestic legislation, but in the context of the European convention on human rights. We are not convinced that the Bill in its current form will provide adequate recourse for those who feel aggrieved. I should like to hear what appeals process exists—if, indeed, there is any such process—for individuals who feel that they have not been dealt with properly.

[Frank Dobson]

Will that not be particularly important if the House opts for individual rather than household registration? Is it not likely that, at least at the outset, a disproportionate number of applications will be turned down?

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[Mr David]

Yes. It is important to put this amendment and the point that I am making in that context. As things stand, there is a clear appeals process. It is possible that a significant number of people—not too many, we hope—will be excluded from the electoral register and that some of them will feel aggrieved by the process to which they have been subjected. It is right, therefore, to consider the issue, because there are bound at least to be teething problems with such complex proposed legislation, especially when its introduction is based on pilot projects that have not been fully evaluated. There are bound to be problems and difficulties, and individuals must be reassured that the Government will be able to consider and address their concerns.

[Nic Dakin (Scunthorpe) (Lab)]

On a point of clarification, is it my hon. Friend’s intention to maintain the current protections and ensure that they are not lost as a result of the change, or does he want to enhance protections?

[Mr David]

We are asking for a formal appeals process. The relevant legislative base is sufficient for the current system, but we are looking to the future and would like things to be spelled out crystal clearly so that the Bill explains the Government’s desired process.

Amendment 20 highlights our concern about the carry-over arrangements, to which we have already referred. The amendment would maintain the carry-over arrangements that the Government proposed initially and would delay the introduction of the fully fledged new register beyond December 2015. That is important because, as has been mentioned, we are concerned about the impact that a depleted register would have on the parliamentary boundary review. We are all aware of the legislation that resulted in the current boundary review, that a boundary review will take place every five years, and that the 2015 review will be conducted on the basis of the new electoral register.

The Opposition and many others, including a number of academics, have expressed concerns. Moreover, the Electoral Reform Society recently circulated a briefing expressing concern to all Members. It is very important from a democratic point of view that the parliamentary boundaries have the greatest possible support among all sections of the electorate. That can happen only if those boundaries are based on the largest possible number of electors being on the register so that the process is entirely legitimate. It would be nothing short of a negation of democracy if boundary reviews were conducted and boundaries redrawn when significant numbers of individuals who thought that they were entitled to vote were kept off the electoral register. Various estimates have been made of how that might affect the political geography of the country. On the basis of all the evidence provided, we could well see a shift towards more parliamentary representation for rural areas at the expense of inner-city areas. It is important that a simple principle is maintained.

[Mr Mark Williams (Ceredigion) (LD)]

Does the hon. Gentleman agree that certain sections of the community, such as the student community, are relevant in this regard? I think we will discuss them in relation to later amendments. I represent a constituency with up to 12,000 students and it is essential that we get the arrangements right.

[Mr David]

I absolutely agree with the hon. Gentleman. He is right that we will come on to discuss provisions for students in detail. It is important to follow the principle with which both he and I agree, namely that everyone who is entitled to be on the electoral register should be on it. We should have in place means to make sure that that principle is upheld. Legitimacy and accuracy are important, but so is completeness. One of my overarching concerns about the Bill as drafted is that it does not make it easy for people to be on the electoral register. In fact, all too often it provides hurdle after hurdle, which I am sure will have a detrimental effect on those who are on the electoral register, particularly those who will be on it at the end of 2015 under the new system of individual electoral registration. Amendment 20 would, therefore, ensure carry-over arrangements and a greater chance for a complete register under the new system, which would be introduced at a slighter later date.

Amendments 18 and 19 relate to postal and proxy votes, on which the Bill is far from clear. We have concerns—again, they are shared by many—that the justification for what is essentially a byzantine arrangement is very shallow indeed. Judging by the Minister’s remarks on Second Reading, and certainly judging by the remarks of many a Government Back Bencher, the primary reason for having this different system for postal and proxy votes relates to concern about fraud. Let me be clear: we stand full-square on the need to take the greatest possible measures to ensure that no individual is on the electoral register if they should not be, and, most definitely, that no individual should cast a vote in a parliamentary or other election if they are not entitled to do so. It is also important, however, to keep the issue of fraud in perspective.

Following the contributions made by several Members on Second Reading, I asked the House of Commons Library to prepare some information for me, outlining objectively how big a problem fraudulent action is. The Library provided, in its usual efficient way, a comprehensive summary of recent electoral offences in this country. The paper refers in particular to the report by the Electoral Commission and the Association of Chief Police Officers, published in March 2012. I have to say that even I, who originally thought that some Members had somewhat exaggerated the situation, was surprised to see in black and white just how small scale is the issue of electoral fraud.

The 2012 report notes that, in the majority of reported cases in 2011, the allegation of fraud had not been substantiated. Moreover, although there was an increase in the number of cases involving offences during electoral campaigns in 2011, they related, by and large, to the conduct of elections, not to how votes had been cast. Indeed, the report mentions specifically that there has been

“a decrease in the proportion of alleged voting offences”,

and that such alleged offences accounted for 16%— 35 cases—of all reported cases in 2011, compared with 38% in 2010 and 40% in 2009. It is important that we see the facts for what they are. Although electoral fraud is, of course, absolutely wrong and should be rooted out, we should not blow the situation out of all proportion and use it as a spurious justification for taking other measures when a far stronger case for them should be put forward—if, indeed, there is a case. The chair of the Electoral Commission, Jenny Watson, put it well:

“The evidence suggests that proven cases of electoral fraud are rare. But this is a serious issue and nobody should be complacent: more can and should be done to prevent electoral malpractice.

We welcome Government plans to introduce individual electoral registration in Great Britain. This will strengthen our electoral system and reduce the risk of fraud. We also want the Government to make progress in reviewing whether voters should provide identification at polling stations.”

That is another issue, but I will not deal with it now.

[Nic Dakin]

My hon. Friend is setting out his stall clearly. It is important to balance the risk of electoral fraud with the risk of losing electors by moving too quickly on these changes. Does he think the Bill balances those risks correctly?

[Mr David]

My hon. Friend puts it very well. This is not a question of right or wrong; this is not black and white, because it is a question of balance. I said that Jenny Watson rightly has a balanced approach towards the issue. My concern is that this legislation does not recognise the reality; the Government construct Aunt Sallies and then knock them down, without coming forward with a legitimate basis on which to make their proposals. So I think that postal votes and proxy votes are important issues.

[Paul Uppal (Wolverhampton South West) (Con)]

The hon. Gentleman makes a specific point about knocking down arguments and Aunt Sallies. I have found from my experience as a constituency MP that many black and minority ethnic communities, particularly migrant communities, came to this country because they wanted to live in an environment in which there was a belief in a robust democracy. Although this issue of highlighted cases of electoral fraud is important, the impression is being given that there is a laxity on this issue and that there is a question about how robust the system is. By putting forward this argument, the hon. Gentleman is undermining a lot of the faith and belief that we have in the robustness of the current electoral system.

[Mr David]

With respect, I do not believe I am doing that. I am trying to present a case that is, above all else, accurate. I am not denying that electoral fraud takes place and that it is a problem; all I am saying is that the problem is not on the scale that many Conservative Members and elements in the Government seem to believe it is. As my hon. Friend the Member for Scunthorpe (Nic Dakin) said, we have to take a balanced approach to this issue. If public perceptions are that widespread fraud is occurring in certain areas, we have a duty to tell things as they are, to spell out the truth and to respond accordingly. In a modest way, that is what I am trying to do.

[Frank Dobson]

Does my hon. Friend agree that what really undermines confidence is when people make smeary remarks and no prosecutions follow because the remarks turn out to have no facts behind them?

[Mr David]

Indeed, and that is one of the things to which I alluded earlier, as have ACPO and the Electoral Commission. Many people make complaints, be it in the heat of the moment or otherwise, but are then unable to substantiate their allegations, which often fall by the wayside, completely unproven.

[Paul Uppal]

I remember being in a radio studio for “Beyond Westminster”, where I heard a young lady of Pakistani descent talking about the amount of courage she needed to go live on radio to discuss this issue. She said that many dozens of her relatives would like to speak about this issue and how they had been pressured on voting, but did not wish to raise it because they felt it was too controversial and doing so would cause their communities harm. I heard her give that interview on radio.

[Mr David]

I do not doubt what the hon. Gentleman says for a moment; all I am saying is that it is unwise to take a particular incident and extrapolate way beyond it, as hon. Members have done all too often, including on Second Reading. Speaker after speaker attempted to justify individual electoral registration and the particular procedure with regard to postal vote and proxy vote carry-overs on the basis that there was widespread electoral fraud. I simply do not think that that is a legitimate argument that can be substantiated.

[Dr William McCrea (South Antrim) (DUP)]

Is it not also true that the Electoral Commission can deal only with the issues brought before it? The hon. Gentleman says that there is no proof, but in Northern Ireland when postal votes were being carried by post office individuals to homes, certain parties followed the postman and people never received them. Why was there no proof? Those people were too afraid to provide it.

[Mr David]

I have been careful to keep my remarks particular to Great Britain and not refer to Northern Ireland. [Interruption.] With all due respect, it is not covered by this Bill. I think that the situation in Northern Ireland is different. I hear what the hon. Gentleman is saying, but, again, it would be wrong to extrapolate from what is happening or what has happened in Northern Ireland to what is happening in other parts of the United Kingdom.

[Paul Uppal]

If what the hon. Gentleman is saying is correct, will he not concur that he has absolutely nothing to fear from the Bill, as drafted?

[Mr David]

I have concerns, because my objective is simple: to ensure that as many people as are entitled to be on the electoral register are on the electoral register. All hon. Members will uphold that simple democratic principle. My concern about the detail of this Bill—and we have not seen the secondary legislation yet—is that it provides all kinds of unreasonable hurdles to individuals to prevent them from exercising their legitimate decision when the time comes to vote or not to vote. That is worrying, and it is part of the motivation behind our amendments.

Let me develop my argument about postal votes. One welcome thing that we have seen in the past few years is that more people are finding it convenient to be on the register and have a postal vote. However, many people, particularly those who are elderly or disabled, are concerned about the Bill. That is why all hon. Members have received representations from a range of different organisations spelling out in detail their concern; for example, a circular has been distributed by organisations that have come together to speak with a collective voice. These organisations include disability charities, Scope, the Royal National Institute of Blind People, Mencap and Sense. They all expressed concerns about the transitional arrangements for postal and proxy votes because they believe that the effect will be to disfranchise many disabled people who are entitled to be on the register.

[Mr Mark Williams]

I raised concerns about that point on Second Reading, as did the hon. Gentleman. Does he take some comfort from the fact that the same organisations he mentions—Mencap, the RNIB, Scope and Sense—have also welcomed the Government’s constructive approach to engagement on these proposals? They have recognised that the Government are talking and are listening to the concerns that I think he is about to raise.

[Mr David]

Earlier, I made a point of saying that I congratulated the Government and commended them, as the Minister acknowledged, on their pre-legislative consultation and on their rethink on a number of key issues. However, with all due respect to the Government, that is not enough. There are still real concerns and I hope that the Government have listened not so much to the Opposition but to the legitimate concerns expressed by people outside this place, with whom they have been engaged for some weeks and months. Those people still have concerns, which I have expressed. Let me quote specifically what they said in one of their circulars:

“The need to ensure that the requirement for absent voters to be registered under the new system does not inadvertently disenfranchise disabled voters who rely on postal voting to mitigate the inaccessibility of polling stations”.

That is from the response from Mencap, the RNIB, Scope and Sense to the publication of the draft Bill in May 2012.

Objective comments on the proposals have been made by such organisations and by outside academics, but a Select Committee of this House also gave a trenchant criticism of the Government’s proposals. The Select Committee on Political and Constitutional Reform’s report on IER states:

“We recommend that the Government look closely at applying the same carry-forward arrangements for the 2015 General Election to postal and proxy registrations as to other registrations, to avoid inadvertently disenfranchising vulnerable electors.”

That is a succinct and apt way of putting that very important point.

The Government made legitimate changes to their position—I do not like to use the word “concessions”—before the final draft Bill was published and I hope that they will listen to the cacophony of reasonable opinion expressed beyond the confines of the Palace of Westminster and change the Bill.

[Sheila Gilmore (Edinburgh East) (Lab)]

Does my hon. Friend agree that the problem is that many people will be on the register as it carries forward and they will have become accustomed in recent years to postal votes being sent to them every time, which they might not have been in the past? They will therefore assume that the same will happen the first time this provision comes into effect, which will presumably be at the next general election, only to discover that they are unable to vote.

[Mr David]

Yes, that is the concern, in essence. The Minister has confidently predicted that the carry-over will be 66%, but I have yet to hear on what he bases that figure. The Electoral Commission is bemused, too. I mentioned that earlier and I will be interested to hear whether he reiterates the totally unsubstantiated figure of 66% for postal and proxy votes.

[Lyn Brown (West Ham) (Lab)]

I am sure that my hon. Friend has had many conversations with Government Members about the Bill. Will he enlighten us about what will happen if the figure in areas such as mine falls drastically below 66%, as I expect it will? Are the Government proposing any safety net?

[Mr David]

It is for the Government to speak for themselves about their proposals. The Electoral Commission has said that it is concerned about that potential problem and believes it should be tackled through the allocation of resources. We will consider the matter when we discuss the provisions that fall much later in the Bill, but I do not think that the Government are taking the question of addressing the problem at all seriously. If they were, the simplest thing would be to do what the Select Committee recommended and ensure that the same carry-over arrangements apply to proxy and postal voters as to everybody else. The case has not been made for treating postal and proxy votes differently.

[Graham Jones (Hyndburn) (Lab)]

How will this impact on local government? We might see a significant fall in registration in certain wards, so would that lead to boundary changes? What will happen to the boundary changes at local government level that are implemented before we see individual voter registration?

[Mr David]

That is a big issue. One of the concerns I expressed earlier was about the impact a depleted register could have on the next boundary review in December 2015. From a democratic point of view, if many people who are entitled to be on the register are not, that will have a knock-on effect on how the new boundaries are drawn up. That will have an impact on other boundaries, too, as it will be taken into account in one way or another.

[Graham Jones]

So, what would the impact be when the number of people registered in a ward dropped below 66%? Does anything in the Bill or in my hon. Friend’s conversations with the Government suggest that that would have an impact?

[Mr David]

The objective analysis of likely voter depletion shows that there is unlikely to be uniformity throughout the county. We are likely to see a marked contrast between the rural and urban areas, as I said earlier. If my hon. Friend wants to break it down to regions, I think that there will be a great contrast between the number of electors who will be able to vote in the north-east of England and the number in the south-east of England. That reflects the differences in movement, in demographic trends and in the social and class structure. A particular concern has been expressed about London. Greater London has the greatest amount of movement of individuals and is thus likely to be the area where the greatest number of people who are entitled to vote are not on the electoral register. I would contend that the greatest contrast is likely to be between Greater London and more affluent parts of the south-east of England; let us be blunt about that.

[Susan Elan Jones (Clwyd South) (Lab)]

One thing that concerns many of us regards the fact that it is already perfectly possible for electors who wish to register for postal votes to do so for just one election. Is there not therefore a presumption that people who want the long-term postal vote for reasons of sickness, old age or working away will want it more permanently? Surely the presumption is already there, so it is bizarre that the Government are even thinking of changing it.

[Mr David]

That is an excellent point. The presumption among many people—indeed, dare I say it, among most people—is that once a person is on the electoral register, they are there not for one or two elections but permanently. Most people in this country will not have a clue about this profound change in the nature of the electoral registration system. We need only to consider the lack of press interest and coverage on the subject for months to see that. Given that the Bill was one of the key pieces of legislation in the Queen’s Speech, there has been virtually no press coverage of it, and it is from the press that most people get their information. There is indeed a potential problem here.

We will discuss financing in greater detail later, but when the responsibility is placed very much on the shoulders of local authorities and electoral registration officers, and the resources that are likely to be allocated will not be ring-fenced and will be pretty small anyhow, the concern is that local authorities will not have the capacity to make the superhuman effort needed to chase up those people who they manage to detect have not re-registered under the new system, even though they are entitled to be on the register. There is a host of interconnected problems before us and I thank Members for their interventions. In their different ways, they have highlighted the complexities and the potential problems that lie ahead. The way forward for postal vote carry-overs was clearly set out by the all-party Select Committee, and I very much hope the Government will have second thoughts.

[Jonathan Edwards]

I shall speak briefly to amendment 20, which would increase the length of time that those on the current electoral register remained on the revised register after the introduction of individual electoral registration. The current proposal from the UK Government is that existing registrations will be removed at the end of the second new canvass if people have not provided the required data for individual electoral registration. The effect will be that concerns about a cliff-edge drop in the completeness of the registers, as we saw when they dropped by 11% in Northern Ireland, will be postponed until after the 2015 Westminster general election. This means that the first elections to be held without the roll-on from the pre-IER electoral roll will be the National Assembly for Wales elections in May 2016.

Although I recognise that one election must, at some point, be the first election to be held wholly under IER, I am concerned that the elections to the National Assembly for Wales will be the guinea pig, particularly because if the proposals in the Green Paper on electoral arrangements for the National Assembly for Wales are implemented, the electoral roll arrangements will be used as the basis for determining constituencies. I shall give my opinion on that very interesting Green Paper on another occasion.

The change-over from the current system to IER is fraught with difficulties, and the length of time for the change-over should be as long as necessary to ensure that there are no adverse effects, and certainly should not be rushed. As I say, I am particularly concerned about the possible effects on the National Assembly elections in 2016, and I hope the Government will take this opportunity to push back the final date for the removal of all pre-IER registrations to ensure that the handover is as smooth as possible, without the cliff-edge drop in registration that we fear.

--- Later in debate ---

[Mr Harper]

I can tell the hon. Gentleman, although I am not pleased to, that the figure was 6 million. I can confirm, therefore, that under the previous Government 3 million people disappeared from the register, so I will take no lectures from the Opposition on that. I am confident that, under the proposals we have set out, we will not see the problems that they have suggested there will be. The brutal truth is that when they were in government they commissioned no research to help them understand the position post-2000 and so they did not know what was going on. Having commissioned that work and had the Electoral Commission carry it out, we now know that the problem actually got worse and the previous Government did nothing about it. We are confident that our proposals are robust, and I will set some of them out and respond to the amendments in a moment. We know that the system works well because it works perfectly well in Northern Ireland and we have learnt from the problems that occurred during the transitional process.

[Mr David]

The Minister says that he is confident about his proposals, but the sure way to test whether his confidence is well placed would be to delay the introduction of the process until the second tranche of pilot schemes have been assessed. Why does he not allow that assessment to take place before deciding, because then he would see whether or not his confidence is well placed?

[Mr Harper]

We have hardly rushed in the way we have conducted this legislation. I announced our decision in September 2010 and we then published the legislation with the pre-legislative scrutiny. We have been doing this in a very deliberate and careful way, as I think most people would accept.

--- Later in debate ---

[Mr Harper]

The provision for appeal against the decisions of registration officers are against the decisions of registration officers. If those decisions are made because a rule laid in statute is being followed, the appeal will not get very far. As I said, we will make sure that EROs contact people who are registered with an absent vote a number of times to encourage them to register individually. If they do not register individually, EROs will explain to them on a number of occasions the consequence for their absent vote, so that people are given the opportunity.

One would have to be trying hard to avoid knowing what was going on and avoid registering individually. Part of the reason for the confirmation process is to get the on average two thirds of voters moved to a new system, to enable electoral registration officers to focus on those who do not, to target resources better, to use public money more efficiently and to have a more efficient, complete and accurate register.

I hope that the Opposition will withdraw their amendment and let the schedule stand part.

[Mr David]

I hear what the Minister said about amendment 3 and I am pleased that his reassurances are clear. However, as my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) said, we are talking about a new system and it might not be possible simply to use the current system for a new system. I urge the Government to keep the issue under review, bearing in mind that, as has been said, more people might want to appeal against an ERO’s decision than have until now.

I am minded not to press amendment 3 to a vote, but we shall press amendments 20 and 18 at the appropriate time. We will leave amendment 19 to one side. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 1 agreed to.

Clause 2

Applications for registration and verification of entitlement etc

--- Later in debate ---

[Dan Rogerson]

The amendment may well make a difference to the size of the electorate in places such as Ceredigion. It would also make a difference in Cornwall, which is being told that it must have five and a half seats, instead of the five that it used to have or the six that it currently enjoys. There will be a seat across the border between Cornwall and north-west Devon. The large number of second homes in north-west Devon and north Cornwall may have a bearing on the size of that constituency, so the hon. Gentleman makes a very good point.

As I said, this is a probing amendment, so I will draw my remarks to a close. I hope that the Government act on this issue, if not in this primary legislation, then in secondary legislation or the guidance for local authorities when they are designing the forms that people will fill in, to make people aware of its importance. Although it is more acute in areas such as mine than in other parts of the country, only through a joined-up approach can we get the information that is needed to resolve the situation. If the Government cannot respond positively today, I hope that they will indicate that they will look at it in the future.

[Mr David]

I will say a few words about the process of verification, because clause 2 gives significant powers to the Secretary of State to make secondary legislation; to determine what evidence should be on an application form for registration; to determine the form of those application forms; over the role and functions of electoral registration officers; and over local authorities and the Electoral Commission.

One of the most significant issues is the evidence of identity that individuals will have to provide. Paragraph 19 of the explanatory notes says of subsection (3):

“The required evidence may be specified in regulations or be determined by the Secretary of State, and such evidence may for example include a person’s date of birth and national insurance number.”

My concern is about the lack of specificity in the words “may for example include”. My understanding was that the Government had all but decided that a person’s date of birth and NI number would be the two specific pieces of information that would be required. I am therefore worried that the Bill will give the Secretary of State the power to make broader decisions on other information.

[Mr Mark Williams]

I endorse what the hon. Gentleman said about national insurance numbers. As he will be aware, at the briefing that he attended in which we talked about online registration, we advanced the debate beyond that matter because we were concerned about the access issue over people obtaining their national insurance numbers.

[Mr David]

I recall that briefing. That is an interesting point. I am sure that there will be an opportunity later in the Committee to talk about how online technology may be effective in some areas and problematic in others.

Returning to our reservations, the amendment proposes that there be specific references to the date of birth and the national insurance number, and that the extensive power for the Secretary of State to come forward with secondary legislation be removed.

My concerns about verification increased a little while ago when I read the Cabinet Office publication, “Individual Electoral Registration: Privacy Impact Assessment Report”, which indicated what information a potential elector will be asked to provide by the local electoral registration officer. If Members will bear with me, I will go through what it says. An individual will be asked to provide:

“Full name (first name, middle name or initial(s), Family name)”,

“Full residential address including postcode”,

their nationality, and a

“Declaration of truth—declaration that all information provided is true and correct.”

That is the same as at the moment. They will then be required to provide their date of birth and their national insurance number “where possible”, which are new requirements. There would also be new requirements to provide their

“Immigration status—if non-British or non-EU citizen”,

and a

“Declaration as to whether they are/have been registered elsewhere in the last 12 months”,

as well as any

“Previous address where registered in the last 12 months (new requirement – currently requested but not mandatory on annual canvass forms)”.

What is envisaged goes far beyond the bold headline, which states that there should be a requirement for the date of birth and the national insurance number.

[Nick de Bois]

I am grateful to the hon. Gentleman for reading out that list, because I am magnificently reassured about the lengths to which we are going to secure the integrity of our electoral register. Is he suggesting that he does not welcome the proposals because of that? It is surely a good thing.

[Mr David]

I am certainly not saying that those stipulations are inappropriate and should not be asked for. I simply think that it is worth pointing out that more information will be required than was suggested earlier. Already, we are talking not simply about a date of birth and a national insurance number, but about other items of information. If the Secretary of State were given powers to circumvent the democratic process in Parliament to request other information, it would be worrying. The word “balance” was used in an earlier debate, and a balance has to be struck between asking for information that ensures that a person’s request to be on the register is legitimate and asking for information that makes the whole process too burdensome and onerous for a person to bother with.

[Nick de Bois]

I intervene not to cause mischief but simply to say that I find the idea of asking people to submit their immigration status quite attractive for a number of reasons. One is that many forms come through people’s doors, and I have seen evidence that some people who come from other countries see a form and understandably feel that it must be filled out and returned, because of the heavy hand of the state in wherever they came from. It is not unreasonable to check their immigration status to ensure that no inadvertent mistakes are made.

[Mr David]

I am not making a case against that. I am saying that it would enhance our democratic process if all the details that will be requested were itemised in the Bill. Parliament itself should decide on that, not the Secretary of State. We are talking primarily about elections to the most exalted democratic place in the country, namely this House of Commons, and the House should have the say on what information is required from potential electors.

[Bob Blackman]

We are talking about registration for a multiplicity of types of elections, be they European, local government or general elections. Different statuses entitle people to vote in those different elections. My constituency experience is that a large number of people from eastern Europe get on the electoral register even though they are not British citizens and are not qualified to vote in our general elections. Because they do not understand that, they inadvertently get on the full register, and then there has to be a process for challenging them. Requesting someone’s date of birth is also extremely helpful, because it identifies when someone reaches voting age and also enables people to be removed from the list of those who can serve on juries.

[Mr David]

The hon. Gentleman makes a couple of valid points. One reason I am in favour of individual electoral registration in principle is that it allows us to identify which elections individuals are allowed to vote in. He is absolutely right that simply being on the electoral register does not give an individual carte blanche to vote in every election. It depends on which elections they are. However, at the risk of boring the Committee, I repeat that these matters are so central to the IER process that they should be specified in the Bill. That is why we have tabled amendment 4.

I will be interested to hear the Minister’s response to my points, and whether there is any concern in Government circles about the burden on the individual becoming too onerous for us to get a reasonable level of response. Are we making a reasonable ask of potential electors?

--- Later in debate ---

[Mr Harper]

I listened to my hon. Friend very carefully. I obviously do not know the circumstances of the case that he mentioned, but I can give an example of why the police may not have pursued the case beyond simply giving advice. The constituent in question may have voted more than once inadvertently, not understanding the rules. I do not know what the circumstances were, but that is entirely possible. For example, after the last election I received several letters from colleagues writing on behalf of constituents who were not British nationals or Commonwealth citizens, so were not legitimately able to participate in our general election but who had been erroneously registered as such. They had found that the electoral registration officer had been a bit more diligent and had suddenly told them that they could not vote in our general elections. They were writing because they were outraged, and one did not like to put it to them that they had actually been breaking the law for the past few years in casting a vote. If those cases were raised with the police, they might consider that the law had been broken, but they might also consider that the appropriate mechanism would be to explain matters to the person rather than pursue them.

If my hon. Friend has in mind a specific case, I suggest that he speak to the Crown Prosecution Service and ask why it did not pursue the case. There are two tests of course, one being an evidential one and the other whether a prosecution is in the public interest. I suggest that in this specific case it may be worth his doing that. If he does not get anywhere with the police or the CPS, I would be obliged if he would get back to me and I would be happy to take it up for him.

Amendment 4 would require details of the information that we would require to be put in the Bill. That would not be helpful for two reasons. First, the draft legislation that I published earlier today sets out the requirements and the information that individuals will need to provide. It is worth saying that although regulations are made by Ministers, all the regulations under this Bill are affirmative and will have to be debated and voted for by both Houses of Parliament. It is not a power only for Ministers—there is parliamentary control over it. We will ask for that information as set out in the draft legislation.

Secondly, as well as being unnecessary, the amendment would be unhelpful. Putting the details on the face of the legislation would make it difficult to change if it became preferable to use different evidence in the future. Although we expect the national insurance number and date of birth to be the standard information for the vast majority of the population, we have said that if there are people—it will be only a small number—who do not have an NI number, it should be possible for them to provide alternative evidence so that they may register to vote. Given that the hon. Member for Caerphilly (Mr David) wants to be assured that no eligible elector would be disfranchised, putting the specific details in the Bill and not allowing any exceptions would be unhelpful.

[Mr David]

I note what the Minister says about certain exceptional circumstances in which an NI number cannot be provided, when additional evidence will be required. Will he give us an example of the form that such evidence might take?

[Mr Harper]

An example might be if someone did not have an NI number but had other evidence of identity. A citizen from another Commonwealth country who had never worked or claimed benefits in the UK, and did not have an NI number, might be able to use their passport. It is about providing a range of evidence that fulfils the accuracy test so that we can be confident about someone’s identity in that small number of cases in which people are not able to provide NI numbers. When the hon. Gentleman looks at the draft secondary legislation, he will see that it sets out that information in detail.

The hon. Gentleman read out the information in the privacy impact assessment, and my hon. Friend the Member for Enfield North (Nick de Bois) also picked up that point. The first piece of information will obviously have been provided already. It is worth saying that none of the extra information requested will be published or added to the electoral register. It will be used to confirm someone’s eligibility to vote—for example, the reason for asking for immigration status if someone is not a British or EU citizen is that Commonwealth citizens are eligible to vote in our elections only if they do not need, or have, leave to remain. At the moment, it is not clear in many of the forms that people have to fill in that that information is required, which may be one reason why people vote genuinely not understanding that they are not entitled to do so.

Nor is immigration status checked on any systematic basis. It is checked in Northern Ireland, where it is one of the checks that the electoral officer does. In answer to my hon. Friend, we are working with the Border Agency to se whether—in a scalable way, given that Northern Ireland has a much smaller population—that information can be checked systematically so that only those people eligible to vote can go on the electoral register. I know that will reassure him and others.

For the sake of completeness, the reason for asking people about their previous address—some electoral registration officers already ask for this—is so that we can ensure that we clean up duplicate registrations. If someone moves, the new electoral registration officer will ask where they previously lived and can then inform the previous electoral registration officer so that the person can be deleted from the old register. That sometimes happens now, but it is not done systematically. We received feedback during pre-legislative scrutiny that it would be good to ensure that we no longer had lots of duplicate registrations. It was one of the arguments made for a national register. We did not like that idea because we did not want to create a national database, but this is a way to deal with the problem without creating such a database.

--- Later in debate ---

[Mr David]

I do not want to trespass into the next debate, but on the specific issue of students, presumably there will be a way to ensure that they are not captured by that provision.

[Mr Harper]

Yes. This is about people who have moved. People who legitimately reside in more than one place, which may well include students, are entitled to be registered in either or both of those places. It is up to them to choose. As I said to my hon. Friend the Member for North Cornwall, we will also ask people if there are other locations where they reside and where they are registered or intend to be registered. That will not drive anyone away, but will help electoral registration officers to make sure that the register is more accurate.

I hope that with those assurances my hon. Friend will feel able to withdraw his amendment.

[Dan Rogerson]

I am delighted to hear what the Minister has to say and it was remiss of me not to have checked in the Library before I spoke. I am grateful to him for his remarks and for how he has listened over the past couple of years to me and my constituent Mr Angus Lamond, with whom he has corresponded on several occasions. My constituent was an independent council candidate in the elections and was incensed because he felt that second-home voters were being targeted and mobilised in some way. I am delighted that the Government are taking this issue seriously and dealing with it proportionately. I look forward to seeing the proposals that the Minister has put in the Library today come into effect, and I beg to seek leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Mr David]

I just have a query on my amendment. The Minister was slightly cavalier in comparing primary legislation, and matters on the face of the Bill, with secondary legislation. Yes, both have to go through the House as part of the parliamentary process, but there is a world of difference. I would not like to think that the Minister was undervaluing primary legislation.

[Mr Harper]

I do not undervalue primary legislation. Indeed, it is because I recognise that the Bill contains significant secondary legislative powers that we have published the first tranche in draft today, and I have committed to doing so while the Bill is still in this House. It is important that colleagues on both sides are able to look at what we are intending to use those powers for and what we are intending to bring forward for approval. It is not sensible, however, to put all that detail in the Bill, because it would mean that every time we wanted to change something we would have to produce a Bill and take it through all its processes. On these important issues, it is right to have affirmative legislation so that it has to be debated and voted on in both Houses of Parliament. That gets the balance right between proper parliamentary control and the flexibility to change with changing times.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Schedule 2

Sharing and checking information etc