Electoral Registration and Administration Bill

Wayne David Excerpts

Tuesday 29th January 2013 Commons Chamber

[Chris Ruane]

I thank the hon. Lady for her intervention. She should think about the figure that I have mentioned: 6.5 million people are missing from the register. The vast majority of them will be in Labour constituencies. The vast majority of the case load for Labour Members and those Members who serve poorer constituencies around the country comes from the unregistered, the people who should legally be on the register but are not. If those people were factored in, the inequality would not be as great.

[Wayne David (Caerphilly) (Lab)]

Does my hon. Friend think that, if the island of Anglesey is not to have a Member of Parliament, it is fair that the Isle of Wight is to have two under the Government’s proposals?

[Chris Ruane]

I concur with my hon. Friend’s point.

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[Wayne David]

I shall address amendments 7, 10 and 11 first, and then amendments 6, 8, 9, 21 and 22.

The Opposition have consistently supported the introduction of individual electoral registration. We agree with it in principle; indeed, we legislated for it when we were in government. We also support the twin principles of achieving maximum accuracy in the electoral registers and maximum completeness. I am pleased the Government have now accepted the arguments that we and others have put forward in this House on a number of occasions. I remember the hon. Member for Somerton and Frome (Mr Heath) being totally dismissive of them, but we welcome the fact that the approach taken by the other place is more rational and that the Government admit—although belatedly—that their initial arguments were wrong, and that they now agree with us. The Government have seen the light, on this issue at least.

I am also pleased that the Scottish Government have taken action and that the views of the Electoral Commission have been taken on board. I remind the House that, in the aftermath of the May 2010 general election, the Electoral Commission produced a report that identified four key factors in what had gone wrong. There was evidence of poor planning assumptions in some areas, and of poor conduct of the election on polling day. The use of unsuitable buildings and inadequate staffing arrangements at some polling stations were also an issue. It was said, too, that the contingency arrangements were not properly triggered or were unable to cope with demand at the close of poll—that was very evident. Finally, the Electoral Commission found that there was restrictive legislation which meant those in queues at polling stations at the close of poll were not able to be issued with a ballot paper. The Government were initially trenchantly opposed to that objective view. They now agree that it is necessary to accept it and to introduce corrective legislation. I welcome that; this House supports the Government’s conversion.

The second substantive issue is to do with the so-called carry-forward—or carry-over—and the commencement of full individual electoral registration in December 2015 or December 2016. We support the Government’s amendments in that regard and recognise that there has been a move, albeit a more modest one than on the other big issue, to try to accommodate the legitimate concerns expressed in the other place. However, the Electoral Commission has reservations about these amendments and, indeed, they are a rather convoluted set.

The Minister set out a convoluted process. I have to be honest and say that, on occasion, it sounded as though she was speaking double Dutch. The Bill is to contain a delay in the implementation of full IER from December 2015 to December 2016. We might think that that is fair enough, as it will allow greater parliamentary scrutiny, greater parliamentary involvement and a greater opportunity to get more people on to the electoral register under IER than would have been the case. But, unfortunately, the Government will not go the whole hog, and they are introducing a byzantine system whereby having a cake and eating it is the order of the day. They are saying, “Yes, that change will be in the Bill, but we reserve the right to contradict what is in the Bill by saying that our implementation plan stays in place. We will still want to do what we always intended to do, despite the amendment we put into the Bill.” If any hon. Member is confused, I do not blame them, because, as I said, the Government are speaking double Dutch.

To make matters worse, the Government have introduced a procedure—the negative assent procedure—involving both Houses, and that will make the situation even more complicated. Let me try to be helpful to the Minister, as always, by suggesting what the Government might do to resolve their internal contradiction. She began by sensibly saying that the implementation date will move from December 2015 to December 2016, but there remains a right for the Secretary of State or Lord President of the Council to make an order to remove those carried-forward entries in December 2015. Given the mood of the House and what has been said generally this afternoon, I suggest that the Government give a firm commitment not to implement that, so that everybody will be clear that the implementation date will be 2016. We will support these amendments, but it would be enormously helpful if the Minister responded positively, recognising the mood of both Houses, by saying, without any equivocation, that there will be a delay in the implementation of IER until December 2016.

[Mrs Laing]

I was totally taken by surprise to discover that the Minister is urging the House to accept Lords amendment 7 on voters waiting at polling stations at the close of poll. On 27 June 2012, I introduced this very amendment—it was almost word for word—which was known then as new clause 4. I will not repeat the speech I made then. We had a long debate and I was supported in my arguments by the hon. Member for Penistone and Stocksbridge (Angela Smith)—that is all on the record in Hansard, at column 359 and onwards. That is lucky, because we do not have time to debate that all again this afternoon, and I am delighted that we do not have to do so.

In that debate, the hon. Member for Somerton and Frome (Mr Heath) stood there and told me how everything I said was wrong and that I was silly to waste the House’s time by introducing my new clause, which he said was total rubbish and totally unnecessary. He said that returning officers could deal with all the problems and that this was merely a matter of management.

--- Later in debate ---

[Miss Chloe Smith]

I am grateful for the opportunity to add a few comments in response to what has been said. I suspect it comes as no surprise to anyone that this is the quieter end of this afternoon’s work and that we might finish rather sooner than the programme motion suggests.

The hon. Member for Caerphilly (Wayne David), if I understood him correctly, urged me to take a slightly different approach to the programme’s implementation date. Let me deal with that first. I stress again the points I made in my opening speech: like the hon. Gentleman, we want the transition to IER to be as clear and easy as possible for electors and administrators. The Electoral Commission is a key part of that work through its delivery of both the nuts and bolts—that is, the forms and operational guidance—and the publicity campaign that will accompany the transition.

It is important that we are all clear on the implementation plan. As my noble Friend Lord Wallace of Saltaire stated in the other place when outlining these amendments, we expect the transition to IER to take place on the time scale set out in the implementation plan published last July. I reassure the House, the Electoral Commission, administrators and electors that we are committed to implementing the transition to IER during 2014 and 2015, resulting in a register published in December 2015 that includes only individually registered electors.

[Wayne David]

If the Minister is reiterating the point that the Government are committed to the original implementation plan, why are they proposing to change the Bill? She cannot face both ways; it is one or the other. We all agree that we want clarity, but it must have a firm base. She cannot have her cake and eat it, as I said earlier.

[Miss Smith]

I humbly suggest that the other place—the revising Chamber that it indeed is—thought that this was a sensible way to go. I simply note, of course, that although I would have liked things to be as originally proposed—2015, with no further detail—this is a concession tabled in response to concerns expressed in the other place.

[Wayne David]

As the Minister belatedly says, of course this Government amendment was proposed in the other place. What I am suggesting is that, rather than having clarity as the prime motivation, the Government were quite keen to have a grubby little compromise and the Bill deserves better. It is far too important in principle to have a convoluted, contradictory implementation date. What we need, again, is clarity and straightforwardness. The people on the ground—the electoral registration officers—require that.

[Miss Smith]

I give the hon. Gentleman clarity and straightforwardness, as I have done several times now and will happily do again. The implementation plan for IER remains exactly the same. The Government amendment was tabled in response to concerns expressed in the other place. It strikes a sensible balance, and I note again all the benefits of a two-year transition that we have planned for, such as two canvasses and, of course, a general election where interest in politics will be high, starting in November 2013—that is, the transition, not the general election—backed up by our national campaign with the Electoral Commission to maximise registration. All those elements will now proceed apace, to the plan that we have set out, and I think that that is absolutely clear. I welcome the Electoral Commission’s direct confirmation that

“For practical planning purposes, the Commission’s view is that it will…advise EROs to plan on the basis that the point of removal is likely to be 2015”.

That answers the point and makes things as clear as possible.

[Wayne David]

The Minister is generous in giving way, but given that she has been unwilling to accept my reasonable suggestion, does she agree that at the end of the day the implementation date of IER will depend on the result of the next general election?

[Miss Smith]

It is no surprise to anyone to learn there will be a general election in 2015, and it is no surprise to anyone who reads the detail of the amendments to learn that a key decision will take place in the summer following that election. I make no secret of that. In fact, it is as well for me to have the chance to talk briefly about that because what we see is the ability for the then Government to take a reasoned and data-driven view of the completeness and accuracy of the electoral registers as they will then exist. For that reason, I have faith in the approach of the 2015 stop point being the right one, because I am confident that our plan will have delivered the completeness and accuracy that we all seek.

[Wayne David]

We are coming to the close of our parliamentary proceedings on the Bill, and I accept what the Minister says: the Government have a principled position, as I believe that we do, in wanting to ensure that as many people as possible who are entitled to be on the electoral register are indeed on it. As was mentioned earlier this afternoon, there is a great deal of concern that the Government might not be doing as much as they could to get groups that are traditionally under-represented on the electoral register engaged in the new process. In the Minister’s concluding remarks, will she reassure the House that that work is under way and will continue apace?

[Miss Smith]

I certainly do seek to give that reassurance, but not—I would like it noted—in response to the frankly lurid accusations that have been made this afternoon by Members who are no longer present in the Chamber. The Government’s aim is to tackle electoral fraud and to improve the integrity of the register. We are indeed undertaking a programme of activity to get the maximum number of eligible people on to the electoral register. That is vital. The Bill enables the introduction of a modernised electoral registration system that makes it easier for people to vote. It will improve the integrity of the register and, therefore, of the electoral processes that are based on it.

I welcome the comments of my hon. Friends the Members for Epping Forest (Mrs Laing) and for Tiverton and Honiton (Neil Parish) in seeking for voters to be able to cast their votes at polling stations. I am well aware of the history of that debate, both in this Chamber and in the other place. I recognise that in the course of the Bill we have been able to take a pragmatic approach to the concerns of both Houses and, I hope, to accommodate them in a way that delivers a sensible implementation programme and a Bill of which we can all be proud.

Lords amendment 7 agreed to.

Lords amendments 10, 11, 1 to 4, 6, 8, 9 and 12 to 22 agreed to.