DRAFT Representation of the People (England and Wales) (Amendment) (No. 2) Regulations 2015 Draft Representation of The People (Scotland) (Amendment) (No. 2) Regulations 2015

Wayne David Excerpts

Monday 2nd November 2015 General Committees

[Wayne David (Caerphilly) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hamilton. The amendments in the regulations, although relatively straightforward and modest, are important, and I would like to put a few points to the Minister and hear his response. Generally, we are supportive of the changes; we think that they make practical, good sense. I also welcome the fact that there appears to have been a wide measure of co-operation, co-ordination and advice given and taken by the Government.

I am particularly pleased that there appears to have been a fruitful co-ordination with transgender organisations, which expressed concern about the Government’s initial suggestions. Is the new formulation that the Minister is presenting in the regulations acceptable to the transgender organisations that initially made representations of concern?

My second question to the Minister arises from the concerns expressed by the Electoral Commission. As we unfortunately saw during the efforts to bring forward the date of IER’s full implementation, the Government do not always take on board the Electoral Commission’s advice, even though it is well-meaning and well-founded in fact, but it seems that on this occasion at least, the Government have taken on board the commission’s worries. I would like to press him slightly on that.

I understand that the Electoral Commission made three observations, to which the Government have responded. The first concern was about the suggestion that no formal communication need be issued where the ERO has determined that someone has ceased to satisfy conditions for registration. I am slightly concerned about that. I understand the Government’s desire to reduce bureaucracy and paperwork, but clarification is necessary.

Another concern was that when there are formal objections to a registration application, the objector will not be informed of the result of their objection. That is a little strange. There cannot be that many objections by individuals or organisations to people being on the electoral register; they should be informed of the outcome of deliberations, especially if they have been involved in the hearing. The Electoral Commission has other concerns, but I would respect the Minister if he could give clarification of what he has said to the Electoral Commission on those points.

The situation in Scotland might be dealt with separately, but it makes sense to raise it at this point in our discussion. The Scottish Government have expressed concerns that apply to both the English and Welsh situation, as well as the Scottish situation.

[The Chair]

May I clarify something for the shadow Minister? We are taking both the regulations together, so we are discussing the relationship to Scotland as well as to England and Wales. Scotland is highly relevant.

[Wayne David]

Thank you, Mr Hamilton. I have a general request for clarification from the Minister. A large number of measures regarding electoral arrangements are devolved to the Scottish Government. Has the Sewel convention been put into effect here? If it is necessary for whatever reason—perhaps to maintain a degree of uniformity and coherence—for the UK Government to make legislation applying to the Scottish Government, was a formal submission made by the Scottish Government under the Sewel convention? That is a general point.

On the detail of the proposals before us, will the Minister respond to two points made by the Scottish Government about both sets of regulations? The first concerns a need expressed by the Scottish Assessors Association and the Electoral Management Board for Scotland, bodies with which I am not particularly familiar. They made the point, echoed by the Scottish Government, that they are slightly concerned about the need to reduce communication, and about the stipulation that those who have made submissions expressing concern about people being on the electoral register will not be informed of the result of deliberations.

The Scottish Parliament had a more general concern that the Government were perhaps putting fiscal constraints and the need to save money ahead of the need for clarity and as much straightforwardness in the process as possible. I read carefully what the Scottish Government wrote, and I detected concerns—perhaps not explicit—that the Government in London are passing measures, not wholly warranted, that smack a little of penny pinching, rather than enhancing democracy. I would appreciate it if the Minister responded to those points. Provided that his responses are satisfactory—I see no reason why they should not be—Labour Members will not oppose them.