Electoral Registration and Administration Bill

Debate between Wayne David and Frank Dobson

Monday 18th June 2012 Commons Chamber

[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?

--- Later in debate ---

[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.