38 Lord Wills debates involving the Cabinet Office

Thu 8th Oct 2020
Parliamentary Constituencies Bill
Lords Chamber

Report stage & Report stage (Hansard) & Report stage (Hansard) & Report stage (Hansard): House of Lords
Tue 8th Sep 2020
Parliamentary Constituencies Bill
Grand Committee

Committee stage & Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Wed 16th Jul 2014

Parliamentary Constituencies Bill

Lord Wills Excerpts
Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 8th October 2020

(3 years, 7 months ago)

Lords Chamber
Read Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-R-I Marshalled list for Report - (5 Oct 2020)
Earlier today, reference was made to unfairness to voters. The Bill, unamended, is unfair to young people, and I intend to test the opinion of the House. I beg to move.
Lord Wills Portrait Lord Wills (Lab) [V]
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My Lords, I want to say a few words in support of the amendment, to which I have put my name.

In Committee, your Lordships heard a lot about the incompleteness of the electoral register and about the 8 million or more who are eligible to be on it but are not and are therefore unable to vote. We could, and should, do better in securing a more complete register. The noble Lord, Lord Shutt, who so ably chaired the Select Committee on which I served—it was a pleasure to serve under him—has set out the compelling reasons why this is so important.

The amendment asks the Government to produce proposals to improve the completeness of the register. I can see no reason for that to be resisted unless, despite what they have said repeatedly, the Government do not want to improve the register’s completeness. Beyond that, the amendment encourages the Government to make improvements in one area of the electoral register that particularly needs improvement.

As the Electoral Commission and many others keep pointing out, and as the noble Lord, Lord Shutt, has just demonstrated, the number of attainers on the register has fallen significantly over the last few years. Between 2015 and 2018, the registration rate for eligible 16 and 17 year-olds almost halved, and the introduction of individual electoral registration, for various reasons, has been a significant driver of such decline.

Quite apart from the general imperative, which, again, was much discussed in Committee, to ensure that the boundaries of parliamentary constituencies should be drawn on the basis of the most accurate and complete electoral register possible—the noble Lord, Lord Shutt, has just reminded us of those arguments—there is, I believe, another reason why the amendment matters. Attainers are not the only group significantly underrepresented on the electoral register but they are important in one particular respect: Parliament makes the laws that shape the country that they inherit, so it must be right to do everything possible to ensure that they have every opportunity to shape Parliament.

I recognise that there may be libertarian concerns that registration should not be automatic but a matter of choice for individuals. However, the measures suggested in the amendment would be enabling; it is not a back door to compulsory voting. It would still be for the individual to decide whether or not to vote, but individuals cannot make that choice if the process of registration has passed them by—and the data show that all too often, that process does pass attainers by.

There may also be concerns about privacy. But as more and more services move online, the Government have developed some considerable expertise in securing the privacy of users. I support the amendment on the basis that the Government would be able to address any such concerns if and when they introduced any measures to increase the electoral registration of attainers.

The amendment would require the Government to take steps to improve the completeness of the register, and would encourage them to do so, for the young people who will inherit this country from us. I therefore hope that it is an amendment that all sides of your Lordships’ House will support.

Lord Janvrin Portrait Lord Janvrin (CB)
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My Lords, I too—alongside the noble Lord, Lord Wills, who has just spoken—was a member of the Select Committee on the Electoral Registration and Administration Act 2013 so ably chaired by the noble Lord, Lord Shutt. I have added my name to this cross-party amendment, as I continue to believe that the Government should address the issue of the completeness of the electoral registers as a matter of priority, and certainly in the context of this Bill.

As has been made clear, the amendment has evolved since Committee, with its focus on completeness and on attainers. I want to make three brief points on Report. First, I entirely accept that the Government recognise the importance of the issue of completeness, and that they are well aware of the missing millions, and of the evidence that we do not perform well by international standards. In Committee, the Minister said that they were not complacent, and that there was work in hand to address some of the issues. If that is so, it would be a very small step for the Government to agree to a deadline for bringing forward further proposals, particularly in the light of the committee’s recent report. It would show a sense of urgency, which is important.

Secondly, the focus in the amendment on doing something about attainers is worth highlighting. Attainers are in a different position, and this has always been recognised, in that their names can be considered for entry on the register before they attain the right to vote. As the noble Lord, Lord Wills, said, there is significant evidence that registration rates for attainers have dropped markedly in recent years. Therefore, there is real cause to focus on them.

Thirdly, my reading of the amendment is that it is compatible with the Government’s position on automatic registration. I understand the Minister’s position that, in principle, registering to vote and voting are civic duties. The amendment does not seek to challenge the Government’s view, in that it would be perfectly possible to accept it while holding firm to that principle. I hope that the Minister will be able to accept this modest amendment as a way of working towards fairer constituency boundaries based on better data. It may be modest, but it is important in the wider context of the integrity of our democratic process.

Parliamentary Constituencies Bill

Lord Wills Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 8th September 2020

(3 years, 8 months ago)

Grand Committee
Read Full debate Parliamentary Constituencies Act 2020 View all Parliamentary Constituencies Act 2020 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 126-II(Rev) Revised Second marshalled list for Grand Committee - (8 Sep 2020)
Lord Grocott Portrait Lord Grocott (Lab) [V]
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My Lords, the Committee has heard three excellent speeches. I thank the noble Lords who tabled these amendments. I am acutely aware of the expertise of these speakers and the efforts they have put in over many years to try to deal with this fundamental weakness of our democratic structure. I cannot claim to have that level of expertise, but it is obvious to me that, however wonderful the Bill comes to be in its final form, it is still, to a worrying degree, a castle built on sand.

The basis of our representative democracy is, of course, the right of people to vote. It is assumed that everyone of an age is able to exercise that right. If, as has been amply demonstrated—there is no need for me to repeat it—it becomes more and more apparent that these figures are seriously inaccurate, and that the numbers on which we determine constituency boundaries do not reflect the number of people living in an area, it is a castle built on sand. It is a bit like an architect saying, “Here is a terrific design for your new house. I like everything about it. The bricks are really dodgy, but you can still go ahead.” The bricks are dodgy; that is the problem.

It is not just a question of numbers; it is also to do with the integrity of our democracy. We hear so many arguments about the size of electorates; for example, pointing out that some inner-city seat has only 50,000 electors, so “My word, it must be a bit of a cakewalk being an MP for that area, with only 50,000 electors.” Of course, it may be true that there are only 50,000 electors, but you can bet your boots, if it is a city-centre constituency, that there will be a lot more people than those 50,000 who live in the constituency and have the right—which they undoubtedly have—to come to you for help. I doubt whether any former MP speaking on this group of amendments, when faced with a long queue of people coming to see them at their surgery, checked before they agreed to help them whether they were on the electoral roll—I certainly never did. There may be MPs who are more effectively bureaucratic than I was who make sure they find that out even if it does not affect their performance, but one’s obligation is clearly to those people. To say that constituency A in an inner city with 50,000 is unfairly overrepresented compared with the rich suburb with 90,000 misses that fundamental point that the bricks out of which the building is constructed are flawed. There is no simple answer, but we have already heard from the previous three speakers that numerous practical things could be done to deal with this fundamental weakness of our democracy—I am not given to hyperbole, but, clearly, if electoral registration is not accurate, people are not able to vote who in our democracy ought to be able to.

I shall say no more and leave it to the experts, but I am so glad that this matter is being debated and with so many really informative contributions.

Lord Wills Portrait Lord Wills (Lab) [V]
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I want to say a few words on Amendment 24, to which I have put my name in support of the noble Lord, Lord Shutt, on whose committee I had the pleasure to serve, but, first, I hope that your Lordships will accept my apologies for my inability to be present at Second Reading.

The Conservative Party manifesto commits the Government to

“making sure that every vote counts the same—a cornerstone of democracy.”

While there are several ways to interpret how exactly every vote counts the same, what I think informs the phrase is a proposition with which I hope everyone can agree, which is that the vote gives every citizen the ability to help choose their Government and to hold those in power to account. That is the cornerstone of democracy and political order. As we have heard, that is true only if every citizen who is eligible to vote is able to vote. They are able to vote only if they are registered to vote. The Government’s aim of equalisation can be achieved only if everyone eligible to vote is registered to vote.

However, as we have heard, there are millions of people who are eligible to vote but who are not on the electoral register and so cannot do so. In this country, as we heard from the noble Lord, Lord Shutt, the register is only 85% complete, which is not a figure with which the Government should be content. In Canada, as the noble Lord pointed out, the register is 96% complete. In normal times, this level of completeness in our electoral register would be a concern, but these are not normal times. Across the Atlantic, in the world’s most powerful country, which has always prided itself on its democracy, there is now unprecedented questioning of the process for electing the next President. Politicians and commentators across the political spectrum are questioning the integrity of that forthcoming election. At the heart of much of that questioning lie well-documented techniques of voter suppression: techniques for stopping voters registering and voting. Such techniques benefit one party, the Republicans, at the expense of the other, the Democrats. Some of those voter suppression techniques are identical to those to which this Government seem attracted, and they use the same justifications as those used by the Republicans in the United States.

I do not want to go into those now. But in these circumstances I hope that the Government would want to take every opportunity to reassure Parliament, and the country, that their motives in pursuing electoral reforms are noble and non-partisan. This simple, straightforward amendment seeks to help them in that endeavour: it gives them an opportunity to share with Parliament their proposals for improving the electoral register until it is as close to being 100% accurate and 100% complete as possible, and it would allow the elected representatives of the people, and your Lordships’ House, to assess the merits of these proposals. It is an amendment that embodies a commitment to democratic transparency and scrutiny, and as such I see no good reason why the Government should not support it. I very much hope that the Minister will now commit the Government to embedding it in the Bill.

European Union Referendum (Voter Registration) Regulations 2016

Lord Wills Excerpts
Thursday 9th June 2016

(7 years, 11 months ago)

Lords Chamber
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Lord Hayward Portrait Lord Hayward (Con)
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My Lords, I rise to ask the Minister to clarify one or two things, and to make one or two observations, following the comments of the noble Lord, Lord Rennard. One is tempted to remind ourselves that the words “IT project, success and Government” are not often used in the same sentence. This might be yet another instance of that, although, having said that, I think that the capacity installed was pretty substantial. That takes me to the point made by the noble Lord, Lord Rennard, that, after the event, we will discover that a fair number of the people who were trying to register were already registered. Had that facility been available they would not have been overloading the system. As I said, we will not know the answer to that for several weeks, until the analysis has been done.

On my specific questions, first, are the returning officers fully okay with and accepting of the new timetables? I assume from what my noble friend Lord Bridges said that they are, but it would be appropriate, given the increased workload that they will face over a shorter period of time, to have confirmation that not only the Electoral Commission but the returning officers are satisfied that they can cope in the circumstances.

Secondly, and I do not expect an answer specifically relating to this at this point, when the specific regulations were debated in Committee I raised the opening of postal votes. I was given an assurance, although I have not checked Hansard precisely, that these would not be opened until the close of the poll because there were recognised implications for the markets around the world. I think that that was the assurance I was given. Rumours are going round about information emanating from the opening of postal votes already. I therefore ask the Minister to confirm with the Electoral Commission and with the returning officers that they are following due process as set out in the legislation and the regulations.

Lord Wills Portrait Lord Wills (Lab)
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My Lords, I also support this legislation. I particularly endorse what the Minister said. Whatever position anyone takes on the European referendum, I hope everyone can agree that it is vital that everyone who is eligible to vote should be able to do so on this existentially important issue and that registration is the key to this. This is necessary and important legislation. I congratulate the Government on how swiftly they realised this after the debacle of online registration on Tuesday night and how quickly they acted on the wise advice of the Electoral Commission.

I also send my congratulations to Ministers and officials, who have acted with impressive speed in bringing this statutory instrument before your Lordships’ House. We now know that at least this part of the system works. I am also grateful to the Minister for the courtesy and consideration he showed to me in talking about these issues this morning.

I do not want to hold up the passage of this statutory instrument. It is important that it passes as quickly as possible. There will be a time to hold the Government systematically to account for their stewardship of the electoral system, but now is not the time. We have already heard a number of very important contributions in this short debate. I am sure that the Minister will take them away and reflect on them, as he has pledged to do.

It is important to determine whether the Government have now recognised that, while this legislation is necessary, it is not sufficient on its own to put right the problems experienced on Tuesday night. Practical delivery now rests with the Electoral Commission, but unfortunately, in my exchanges with it over the last few days, it seems to believe that because it has been doing a good job in securing increases in registration—it has been doing a very good job—then that is good enough. But when millions and millions of British citizens who are eligible to vote still cannot because they are not registered, and when the Government have been repeatedly warned of the dangers of their approach to electoral registration and disenfranchising people in this way, then good is not good enough. If higher levels of registration had been achieved over time, as the Government and the Electoral Commission have been repeatedly urged by many people to secure, the surge in applications that led to the problems on Tuesday night might well not have happened, at least on the scale that disrupted the system so badly. In these circumstances, an attitude that good is good enough is not acceptable.

Yesterday, the Minister reassured your Lordships’ House that he was not complacent about what happened and today we have heard that he wants to learn the lessons from it. To demonstrate that, would the Minister say what the Government have done since yesterday to persuade the Electoral Commission, providing any assurance of necessary funding, that what happened on Tuesday night created a new situation where a new communications strategy was necessary to ensure that everyone with a potential interest was told that registration is still possible until midnight tonight and how to do it? Finally, will he say what action he took, following his answer to me yesterday, to explore how social media could be used as part of such a communication strategy?

EU Referendum: Voter Registration

Lord Wills Excerpts
Wednesday 8th June 2016

(7 years, 11 months ago)

Lords Chamber
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Lord Bridges of Headley Portrait Lord Bridges of Headley
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I thank my noble friend for that. There was extensive testing of the website, but I remind your Lordships of the unprecedented demand which, as my noble friend said, we now need to remedy.

Lord Wills Portrait Lord Wills (Lab)
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My Lords, I hope I can detect in what the Minister has just said that he is not quite as complacent as he once was about the Government’s approach to electoral registration. While welcoming the measures he has announced today, I ask him specifically: will he make the funds available for a major push on the social media that are so important in reaching many of those people who were unable to register last night, and make it clear to them that there is the opportunity until midnight tomorrow to register?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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The noble Lord makes an extremely good point. I will ensure that we are thinking about that right now. I am certainly not complacent.

Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2015

Lord Wills Excerpts
Tuesday 27th October 2015

(8 years, 6 months ago)

Lords Chamber
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Our country has never had a taste for frequent alterations to the fundamental features of its electoral registration arrangements. Indeed, this is only the second time that they have radically changed since their first appearance in the 1832 reform Act. This Government are putting the finishing touches to a radically improved system which should help to restore the trust and confidence in our democracy that has been badly eroded in recent years.
Lord Wills Portrait Lord Wills (Lab)
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My Lords, I did not support the fatal amendment put forward by the Liberal Democrats last night because I thought that it was constitutionally inappropriate. However, I shall support this one, not least because, arguably, the constitutional issue at stake today is even more important than the ones that your Lordships debated last night. Those constitutional issues concerned the respective legitimacies of your Lordships’ unelected House and the elected House of Commons. The issue today concerns the legitimacy of the elected House of Commons and, as such, is of profound importance to our constitutional arrangements.

Electoral registration is often a highly technical issue but it is always an important one. The struggle for the right to vote defines the history of our democracy and electoral registration makes that right a reality. Individual electoral registration is desirable and, as we have already heard, the previous Labour Government legislated to introduce it. However, it is generally accepted that, for all its merits, the introduction of individual registration carries with it the severe risk that significant numbers of people who are eligible to vote will not register and so will be unable to do so. For all the good work done in recent years by successive Governments, the Electoral Commission and local authorities, we can see these risks being realised as individual registration is introduced across the United Kingdom.

There is already a serious problem with the electoral register. The most recent assessment, last year, by the Electoral Commission estimated that the register was only 85% complete. More than 8 million voters are eligible to vote but cannot do so because they are not on the register. The fact that so many people who should be on the register are not, despite all the measures taken by previous Governments to increase registration, shows how intractable this problem is. The improvements that individual registration is likely to bring to the accuracy of the register are undoubted, but they have to be balanced by the deterioration that it is bringing and is likely to bring to the coverage of the register. I hope that that helps to address the point raised by the noble and learned Lord, Lord Mackay. This is a difficult issue and we are trying to balance competing priorities.

The Labour Government tried to do that by linking the introduction of individual registration to the achievement of a comprehensive and accurate register. In opposition, that approach was supported by both the Conservative Party and the Liberal Democrats. The coalition Government could have continued that approach, but they did not; they rejected it, for reasons that they have never adequately explained. They rushed forward with a timetable for individual registration, removing that key safeguard of the requirement of a comprehensive and accurate register.

This Government are now trying to make this bad situation worse, increasing the risk of disfranchising millions of voters by rejecting a carefully argued and proportionate recommendation from the independent Electoral Commission. Why might the Government be doing that? They have suggested systemic threats to the integrity of the register as a reason for this haste. We have just heard a very well-argued speech by the noble Lord, Lord Lexden, on precisely that point. There is undoubtedly localised fraud—there is no question about that—but how serious an issue is it? The independent bodies tasked with safeguarding the integrity of our electoral system do not share the assessment suggested by the noble Lord, Lord Lexden. They do not share the Government’s assessment of fraud. The analysis carried out by the Association of Chief Police Officers and the Electoral Commission into the 2010 election, for example, found,

“no evidence of widespread, systematic attempts to undermine or interfere with the May 2010 elections through electoral fraud”.

The report stated that,

“we are not aware of any case reported to the police that affected the outcome of the election to which it related nor of any election that has had to be re-run as a result of electoral malpractice”.

No analysis is yet available, at least in public, of the 2015 general election but, as the noble Lord, Lord Tyler, said, if the Government want to make their case for this statutory instrument on the basis of widespread fraud, that raises fundamental questions about the general election that put them into power. If the Government are so worried about the integrity of the system, why do they not bring in this legislation and agree to rerun the general election so that it can be run on the basis of an electoral register that everyone agrees is complete and accurate? I look forward to the Minister’s response to that suggestion, but I think I can guess what it is.

There is never any justification for any complacency about even a single incident of malpractice, but the evidence does not suggest that the spread of electoral malpractice justifies the risk that the Government are running with the electoral register. An extensive Joseph Rowntree Reform Trust report in 2008—some time ago, admittedly—concluded:

“It is unlikely that there has been a significant increase in electoral malpractice since the introduction of postal voting on demand in 2000”,

and that what malpractice there was,

“related to a tiny proportion of all elections contested”.

What evidence does the Minister have that suggests that that 2008 analysis now needs to be revisited?

Nor will individual registration address all cases of electoral malpractice—it is not a panacea. The Association of Chief Police Officers and the Electoral Commission concluded that the nature of recorded electoral malpractice changes as measures to combat it change. As one form of electoral malpractice is tackled, another rises to take its place.

Your Lordships can see just how seriously the Government take the issue of fraud by their response to the recommendation by the Electoral Commission in January 2014 that a key way to tackle fraud would be for voters to be compelled to produce proof of ID. After an extensive analysis, that is what the Electoral Commission suggested in January 2014. I understand that the Government have still not responded to that proposal. That is how seriously they take this issue of fraud.

The weakness of the Government’s case for their approach is matched by the damage it risks doing. It risks excluding millions from their democratic right to vote. It junks the principle followed for very good reasons by successive Conservative and Labour Governments that fundamental constitutional change such as this should proceed, wherever possible, only on a bipartisan basis.

We now look at why the Government are doing this. What they are doing matters for specific electoral reasons as well as on grounds of general democratic principle. Most agree that eligible voters who are not registered to vote are most likely to vote Labour when they do vote. The Liberal vote in the inner cities, such as it still is, is also likely to be affected. The Electoral Commission found over and over again that underregistration is notably higher than average among the young, private sector tenants and black and minority British residents, and that:

“The highest concentrations of under-registration are most likely to be found in metropolitan areas”.

The evidence suggests that the party that will suffer least, if at all, from such a flawed electoral register is the Conservative Party. Electoral registration has been significantly lower in Labour areas than in Conservative areas. It is significant that, despite the fact that the register is still only 85% complete, the only action that the Government proposed to take in their 2015 manifesto to increase that figure was to increase registration among British citizens living overseas. There was not a word about British citizens living in British inner cities, which we know are likely to be significantly underregistered. I am sure that I do not need to remind your Lordships that British citizens living in British inner cities do not tend to vote Conservative in large numbers.

The noble Lord, Lord Tyler, has also pointed out, as I did at length in another debate, that conducting the boundary reviews on the basis of this sort of flawed register is likely to benefit the Conservative Party. Sadly, the reason that the Government have rejected the Electoral Commission’s recommendations about individual registration seems all too clear.

Parliament and politicians have been falling into disrepute in recent years. I ask your Lordships, therefore, to consider the impact on the health of our democracy if it turns out that the outcome of a future general election has been determined by the fact that millions of eligible voters could not vote because they were not registered to do so, and that this was the result of a government policy deliberately pursued, despite all the evidence that it would have precisely this consequence. I give way to the noble Lord.

Lord Dobbs Portrait Lord Dobbs (Con)
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I am very grateful to the noble Lord. We keep hearing about these extraordinary numbers who will be denied the vote. The noble Lord, Lord Tyler, said that 1.9 million people will be wiped off the face of our democracy. Surely that is a fantasy. Yesterday we listened to a very fine speech by the noble Baroness, Lady Hollis—almost too effective a speech, from my point of view—in which she was able to quote time and again the individuals who believed that they would suffer from the tax change that we were discussing yesterday. Today, I have listened to all these speeches and so far not a single individual has come forward to say that they believe they will suffer, despite the fact that apparently 1.9 million are going to be wiped off the face of our democracy. Surely this is fantasy. Where are these mythical hordes that the noble Lord keeps talking about?

Lord Wills Portrait Lord Wills
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I am grateful to the noble Lord for that characteristically energetic and vivacious intervention, but we have to make policy on the basis of the evidence available to us. Of course the noble Lord is right that we cannot look into the future, and maybe magically, in the next few months, the electoral register will go from 85% up to, say, 95%, which is probably as close to being comprehensive as one can reasonably hope. Maybe it will but, on the basis of all the evidence that we have, it is unlikely to happen.

I quote to the noble Lord the experience of Northern Ireland. When it introduced individual registration, the independent Electoral Commission of Northern Ireland found that:

“The new registration process disproportionately impacted on young people and students, people with learning disabilities, people with disabilities generally and those living in areas of high social deprivation”.

It concluded—this is the sort of evidence on which we have to make policy—

“While these findings relate directly to Northern Ireland, they are not unique and reflect the wider picture across the UK. They present a major challenge to all those concerned with widening participation in electoral and democratic processes”.

There is the evidence that something has happened, and we have to learn from that.

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Lord Dobbs Portrait Lord Dobbs
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I will try to be brief on this. The noble Lord is talking about individuals who are not on the register. This whole order is about names that are on the register but should not be. That is a completely different argument from the one that he is putting forward.

Lord Wills Portrait Lord Wills
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No, my Lords. As I have already said, this is a difficult issue because we are trying to balance competing priorities. Of course the accuracy of the register is important, which is why all sides support the introduction of individual registration and why as a Minister I legislated to bring it into play. There is no question about the importance attached to accuracy. However, it has to be balanced by a comprehensive register, for all the reasons I have endeavoured to set out today. The Government could have done a very simple thing: they could have accepted the Electoral Commission’s recommendations. It would not have solved all the problems—they are too intractable for that—but it would have helped. The Government have decided to reject that. The risks are clear but, for no good reason, the Government have ignored them. Despite the eloquence of the noble Lord, Lord Lexden, and what I am sure will be the eloquence of the Minister in due course, no good reasons have been given for doing this.

The last time I spoke in a debate with the Minister at the Dispatch Box, I recommended that he read Aristotle. I am sure that, with his very heavy workload, he has not managed to pull down that well-thumbed volume from his bookshelves, so perhaps I may remind him of the words of that great Greek philosopher. He said that,

“constitutions which aim at the common advantage are correct and just without qualification, whereas those which aim only at the advantage of the rulers”—

or, in this case, only at the advantage of the Conservative Party—

“are deviant and unjust because they involve despotic rule which is inappropriate for a community of free persons”.

Once again, I recommend those words to the Minister; and to your Lordships’ House, I also recommend the conclusion of the royal commission, in 2000, that your Lordships’ House should act as a “constitutional long-stop” to ensure that,

“changes are not made to the constitution without full and open debate and an awareness of the consequences”.

That is why I will support this Motion.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, the noble Lord, Lord Wills, used the word haste, but this process has been going at a snail’s pace for years. We introduced individual electoral registration in 2002. As my noble friend Lord Lexden pointed out, the solution in dealing with the inevitable groups who tend to be underrepresented on every electoral register is not just to sit back and leave on the register loads of people who may or may not exist; as my noble friend Lord Lexden said, you target those groups. You form a schools initiative and go round the universities and the schools. We had a mobile unit that went round housing estates knocking on doors and to community centres to give people photographic ID cards so that they could use them at the electoral office if they did not have passports or driving licences. You target the people who you know are traditionally not on the registers.

As the noble Lord, Lord Tyler, said, the Electoral Commission is a body that the whole House respects. However, it is not a body that we take instructions from; it is a body that we listen to and consider. Take the Scottish referendum: I do not think that that was a particularly great example of good advice.

Nevertheless, we are talking about a balance of risk: the risk that people who are currently on the register will be denied a vote in the future versus the risk that people will be on the register and constituency boundaries drawn up on the basis of people who are not there at all.

There is another category of person that has not been identified. We talked about a figure of 1.9 million people. But even on the figures that we are getting more recently, that number will have reduced substantially, one way or the other, by the time that we come to December. However, that does not mean that those 1.1 million or 1.2 million people, as it will be by that stage, will not be on the electoral register; it just means that they will not be on the register at the address that they were knocked off it from.

In Belfast, there was a transition period when the process came in, and the register was printed including the names of those who were not individually registered. That is perfectly sensible and reasonable. However, a point came at which we decided to draw the line. At that point, people had to be individually registered or else they were taken off the register. In the Botanic ward in Belfast, near the university—my noble friend Lord Lexden will be very familiar with it—the number of people on the electoral register dropped by 27%. The reason was that the students, nurses, junior doctors and others in the area who occupied many of the dwellings were not there. However, they were registered at their home address in various other parts of the country. Just because a number of people are taken off the register, that does not mean that they are not voting somewhere. That is an issue that has to be taken into account, but which has not been in this debate so far.

The Act that the Minister has used to bring this provision forward provided him with the opportunity to do so. It could have said “2016”, but it included the provision that it could be brought in earlier. Presumably, therefore, at that stage, the Minister and the House saw circumstances in which there could be a variation in the timing of this process.

As I said to someone rather light-heartedly, even with these measures being introduced, it was lily-livered legislation. For example, it does not deal with the barking mad idea of postal votes on demand. Also, people still need to have photographic ID—there are huge gaps. However, I do not believe in the blood-curdling prognosis that the noble Lord, Lord Tyler, has brought forward as the risk factor here. In a transition from one system to another, there is always risk. It is a question of finding out what the balance is. There is substantial time and still opportunity to do that.

A big push should be made between now and the end of the year for publicity and action at local level. I also believe that the opportunity will still exist after 1 December for people to register. They should do what we did and target groups—it works. We have the proof, in that we got young people on to the register at a very high level. Target the schools, universities and community centres, particularly those in urban areas, because we all accept that the same profile of individual tends to be off the register in most places.

There is also another category of person: those who do not wish to be on the register. That can be for a variety of reasons: they could be “doing the double”, avoiding moneylenders or all sorts of things. People deliberately take themselves off the register. In my view, there is no way that we are going to deal with that, unless we change the law dramatically.

On balance, the risk here is that there are grossly inaccurate registers in certain places. There is no point in persisting and saying, “Well, we’ll keep it going for longer and longer”, because that will not fix anything. If you identify a problem in a particular area, you go and target the area. The local councils know where these areas are. We know where the schools are and where the universities are. Target those places instead of this blunderbuss approach where you just carry on and hope that, over time, it will get it more accurate. It will not.

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Lord Cormack Portrait Lord Cormack
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Of course, that is entirely true and it is a point I have made in both this House and in another place. I would like to see us get tougher on that. But the fact of the matter is—

Lord Wills Portrait Lord Wills
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My Lords—

Lord Cormack Portrait Lord Cormack
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They are coming at me right, left and centre.

Lord Wills Portrait Lord Wills
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I am very grateful to the noble Lord who, with all the authority of his experience and wisdom, raises a very important point about the importance of belief in the integrity of the electoral system. I think everyone agrees with him on that. But does he accept that the integrity of the electoral system involves both the accuracy of the system and its comprehensive coverage? The system cannot be thought to be replete with integrity when so many voters who are eligible to vote are simply not on the register.

Lord Cormack Portrait Lord Cormack
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For a start, we do not know exactly how many are not on it. The figure of 1.9 million has been quoted. It is inevitable that by the time we reach 1 December, that figure will shrink considerably and between then and the crucial elections that will take place in Scotland and elsewhere next year, I believe that the figure will be much smaller still, and I very much hope that it is. But we also have this balance between completeness and total accuracy. The noble Lord, Lord Wills, made this point in his very fair speech. We know from experience in Tower Hamlets and elsewhere that there have been occasions when the electoral register has been manipulated and democracy has been brought into disrepute. We know that for a fact. What we want is a register of total integrity. That is why I agree with the noble Lord and my noble friend Lord Empey that proof of identity should be a requirement. I also believe that postal votes should not be supplied on demand because that lends itself to abuse.

It has been said that this is a very different debate from yesterday’s. Of course, it is. Given the opportunity to speak yesterday, I would have argued that the constitutional priorities should be the most important ones for this House. But the House spoke as it spoke and, even though I may regret that, I had sympathy with the arguments advanced so brilliantly by the noble Baroness, Lady Hollis, and others. We are where we are, as they say, and we must see what happens. However, I use this opportunity to say to the House that we must be very careful about using the power that we have. Today, we quite rightly have it, and that was referred to by the noble Lord, Lord Rennard, when he quoted from the Act. Of course, we have the right to reject this order today if we choose to do so. However, as one who believes passionately in this House and its integrity, and who believes equally passionately—nay, perhaps more so—in the supremacy of the other place, where I had the honour to serve for 40 years, I say to the House that we must be very careful how we use our power.

Although I have very considerable respect for the noble Lord, Lord Tyler, and many of his colleagues on the Liberal Democrat Benches, I say this to them: they believe in a number of things very firmly and, I accept, with complete honesty. They believe in the supremacy of the House of Commons, as they tell us repeatedly. They believe in proportionality and many of them do not believe in your Lordships’ House, but some do—

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Lord Hayward Portrait Lord Hayward (Con)
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My Lords, I rise having listened to the full debate and, like many in this place, having fought many elections. In fact, my noble friend Lord Cormack referred to having canvassed in every election since 1959. I have fought a fair number of elections and the House of Lords Information Office has been good enough to produce biographical details on me. According to its information, I first fought Kingswood in January 1900 and in the same month it says I fought Christchurch, so, according to the Information Office, I somewhat outdo most Peers in this House. That will be corrected at some point.

I start on an aspect of harmony. A number of noble Lords on both sides, but originally the noble Lord, Lord Wills, identified that we should produce ID in voting. I wholeheartedly agree with all those who made those points.

On elections, a number of those who know me know that I have been interested in this subject for many years. In fact, and this is to some extent an admission of guilt but I hope of impartiality as well, I was the second new entry in the 1983 intake into the other House to vote against a government three-line whip. I did so on the paving Bill in relation to the abolition of the GLC because I thought it inappropriate. My comments today in support of what the Government propose are against the background that I have taken and still take a very dispassionate view on these matters.

I will pick up a number of points covered by other Members of this House. First, the noble Baroness, Lady McDonagh, commented on registration fraud. Unfortunately, it would appear that she has not read the verdict, statements and analysis of the recent case in Tower Hamlets where there is clear identification of that position. Also, the Electoral Commission in 2012 made the point that there should be improvements in electoral registration in Tower Hamlets. It identified that Tower Hamlets had a policy and administration that were above the practice of many of the London boroughs.

I turn to the question of “ghost” voters. I choose to call them that because having tried to contact these people nine times, they must be pretty close to being ghosts. The noble Lord, Lord Rennard, referred to the fact that there may well be people among that 1.9 million—dropping to 1.4 million or 1.2 million—who voted in May. I could understand it if the noble Lord, Lord Tyler, had made particular reference to that and said that this order should not be introduced until there had been that sort of matching process. Instead, we have a catch-all that we will do away with it completely or delay it until 2016.

However, these people have been called on nine times. I now speak from personal experience. I currently live some 200 yards from where the noble Lord, Lord Kennedy, went to primary school. When I attempted to be a candidate in the last London elections, I visited my neighbours. They were not on the electoral roll. I visited the neighbours four doors down, and they were not on the electoral roll either. When I first moved into my current address, I had eight years of having somebody on the electoral roll who had never lived there. That is the essence of this debate. We are talking about removing people who we have attempted to contact nine times as against those people who a number of noble Lords have said we need to get on the electoral roll. Those are two different groups of people, and that should be recognised in this debate.

I also listened to a number of contributions in which there have been criticisms of what happened in Northern Ireland. They said, “It happened like this”, or “It happened like that”. That seems to be a justification not for delaying but for not having IER in the first place. You cannot have both. If you are to have IER, then you will face some of those problems. They have to be tackled through better collecting of registration.

In his opening remarks, the noble Lord, Lord Tyler, made comments about shop stewards which a number of people who have backgrounds as shop stewards would consider a little unfortunate. He suggested that the AEA was the “shop stewards’ fora”—I think that was the phrase he used. He then went on to quote the Electoral Commission’s report. On page 3, under acknowledgements, there is only one acknowledgement and it is to that same group of people for their work.

I turn to the question that he identified about primarily urban or rural communities and their retained electors. Taking the top 20 authorities with the worst record on retained electors, it is not, as has been suggested, filled purely with Scottish or London boroughs, although there are a lot of London boroughs among them. The deprived London borough of Kensington and Chelsea is third on the list. The equally deprived borough of Windsor and Maidenhead comes out 12th. Harrow and Scarborough appear in the same block. None of them is an area that one would identify as being either deprived or necessarily totally urban.

Lord Wills Portrait Lord Wills
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The noble Lord raises the question of statistics. Is he aware of the relative registration rates in Conservative and Labour constituencies? I should be interested to know what his figures are for those national data.

Lord Hayward Portrait Lord Hayward
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I am, but I have not got them with me. I am happy to write to the noble Lord with the answer. They are not particularly relevant to the point I am making which is the one cited by the noble Lord, Lord Tyler about the difference in registration from one place to another in relation to those who would suffer if those ghosts were removed. I have just mentioned those areas where the level of retention would appear to be worst, if I may use that word.

On the other hand, there are authorities at the other end of the spectrum which have tackled this issue incredibly well, including the deprived areas of Hartlepool, Halton, Redcar and Cleveland, Barrow-in-Furness, Chesterfield and Bridgend. I am pleased to follow the noble Lord, Lord Alton, because one of the authorities with a reasonably good record so far is Liverpool. Knowsley, which nobody can argue is anything other than deprived, has a strikingly good record. So there is no correlation between the two. There is a correlation between some parts of the country and others. I would like to identify some of the other places—

Lord Wills Portrait Lord Wills
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Actually, I know the answer to the question I asked the noble Lord. I was about to tell him. There is roughly a 6% difference between registration levels in Conservative-held seats and Labour-held seats. That might have changed a little in the last general election, but I doubt by very much. There is a significant difference.

Lord Hayward Portrait Lord Hayward
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I do not challenge that. The noble Lord has made the point for me. We are talking about people who are registered or not registered and not about the ghost voters whom we are talking about in this debate.

There are other areas of deprivation where they have cleansed the register very effectively. There is a whole series of authorities in Wales—places such as Bridgend, Cardiff, Swansea and Rhondda Cynon Taff. All of them have low figures of problems, if I may use the term, in cleansing their registers. I have not raised this, but if it is right that it was possible in Wales to have cleansed the registers in those sorts of authorities, why is it not the case in London? If it is suggested that this is to do with boundaries, then the places that will suffer are the valleys of Wales because they have cleansed their registers. The boroughs of London which have not cleansed theirs will benefit.

In conclusion, we have been talking about this group of people—these ghosts—as if there is no burden. There is a substantial burden on local authorities. They have to print the electoral rolls with all these people on them, many of whom should not be there. They issue polling cards. They issue ballot papers. There has to be freepost provision for these people for some elections. There is an attendant burden. No wonder the AEA makes its views clear on what it thinks would be the best position. It recognises that there is an unnecessary burden on a large number of local authorities. If one removes retained voters from the register, we will not be sending out all the unnecessary cards, ballot papers, freeposts, et cetera, during the upcoming election.

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Lord Bridges of Headley Portrait Lord Bridges of Headley
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I completely agree with the noble Lord that the rules of politics must be seen to be fair, which is why we are taking this action today. We believe that it is wrong to have so many inaccurate ghost entries on this register and that the facts have changed, in that by December these four out of 100 voters will have been contacted at least nine times. I will go on.

Lord Wills Portrait Lord Wills
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The Minister keeps referring to this figure of 96%. Can he be absolutely clear that he accepts that 85% of the eligible population has registered to vote? In other words, 15% of those eligible are not registered. Many noble Lords have made the point in this debate that the process now under way, which the Government are hurrying forward in this way, will prejudice attempts to get that other 15% on to the register.

Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, I completely agree that we need to get more people on the register. However, let us not confuse apples and oranges—these are two separate things. If people are not on the register, there is absolutely no way they can be taken off the register, which is what we are saying today. I do not understand—maybe I am not explaining it clearly enough. However, I will go on, if I may.

When people move, we should not leave their entries on the register. That increases the risk of not only electoral fraud but benefit and financial fraud. In advance of Northern Ireland moving to a system of individual electoral registration in 2002, the police said that it would,

“go a long way to eliminating the opportunities for fraudsters to commit the offence of personation”.

The noble Baroness, Lady McDonagh, asked about fraud. Let us just remind ourselves that since 2002-03, courts have imposed jail sentences for electoral fraud in Ashford, Blackburn, Bradford, Bristol, Burnley, Coventry, Derby, Guildford, Oldham, Peterborough, Slough and Walsall.

Government Digital Service

Lord Wills Excerpts
Tuesday 13th October 2015

(8 years, 6 months ago)

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Lord Bridges of Headley Portrait Lord Bridges of Headley
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My Lords, the noble Lord makes an extremely good point. During the previous Government a number of websites were shut down—scores indeed—some of which were competing against each other. I hope this is not a party-political point, but I think we have all learnt the lessons from the early days of digital. We need to make sure we continue on the approach we have set.

Lord Wills Portrait Lord Wills (Lab)
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My Lords, the previous Government had an excellent record in promoting the use of open data in government. Can the Minister give an assurance that this Government will be equally vigorous in its use in this Parliament?

Lord Bridges of Headley Portrait Lord Bridges of Headley
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Absolutely, my Lords, and we need to continue to use our data better. It surprises me that we still have silos of data that we do not use and do not mine, and we need to continue to make the data more open and more available.

Constitution: Gracious Speech

Lord Wills Excerpts
Thursday 25th June 2015

(8 years, 10 months ago)

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Moved by
Lord Wills Portrait Lord Wills
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That this House takes note of the implications of the constitutional changes proposed in the Gracious Speech.

Lord Wills Portrait Lord Wills (Lab)
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My Lords, in 2007, when the last Labour Government launched their programme of constitutional reform, the political editor of the BBC pronounced that this was all very well but nobody would be talking about it down at the Dog and Duck. Last year, in the aftermath of the Scottish referendum, the same Nick Robinson said that such constitutional issues were,

“what politics is really about—who should have power over what?”.

He was right on both occasions.

Constitutional issues are often esoteric, but they are also always important. They reflect and determine how power is distributed in our country and, in turn, that determines how every other question in our public life will be answered. These issues are particularly important now. The politics of our democracy are febrile. Too many voters feel adrift and alienated, disillusioned and distrustful of politicians and suspicious of the established and powerful. In response, successive Governments have sought to make changes in the wiring of our democracy. There have been attempts to rebalance power away from Westminster and Whitehall, to reform Parliament and to restrict the power of the Executive. Now, this Government have announced themselves with a raft of new constitutional proposals in their manifesto and in the gracious Speech.

The Government are right to recognise the need for reform. Our constitutional arrangements urgently need to adapt to changing political realities. The union is fraying. Our relationship with the European Union is now in play. Everyone agrees that your Lordships’ House needs to change but very few agree how. At the last election, UKIP received nearly 4 million votes and has one Member of Parliament, and the SNP has 56 out of 59 MPs in Scotland and not a single Member in your Lordships’ House. George Osborne is the only member of the Cabinet with a constituency in the north of England. The main parties are increasingly sequestered in their redoubts. This is a fragmenting polity. Only 16% of the British people trust politicians to tell the truth but 31% trust bankers. Constitutional reform is needed.

Some of the Government’s proposals are welcome. Their measures that significantly devolve power to cities, Scotland, Wales and Ireland have received widespread support and will help to recreate a sense of belonging that is so important in countering this toxic sense of alienation. These reforms build on previous developments. The other proposals also address long-standing concerns.

However, the more closely those other proposals are scrutinised, the harder it is to avoid the conclusion that they are partisan and short-sighted, and driven not by the needs of the nation but by the short-term, sectarian interests of the Conservative Party. They do not adopt a one-nation approach, as promised in the gracious Speech; they are a departure from the welcome custom that successful and enduring constitutional reform needs to be framed by proportion and consensus. I want to discuss this in relation to four key proposals which, taken together, reveal an unmistakable pattern of behaviour. I am pleased to see that so many distinguished Members of your Lordships’ House from all sides are going to speak after me to provide their wisdom and insight into these issues and others, I hope.

Perhaps the most glaring example of this Government’s narrow and partisan approach is in their approach towards the union. For more than 300 years, the United Kingdom has in my view been a uniquely successful enterprise in multicultural and multinational living, but it now faces what one can only say is an existential threat. For those of us who care about the future of this remarkable institution, this is a time for statesmanship and vision, a time to bring the people of these islands together again. But what we are getting from the Government instead is a short-sighted, self-interested approach to one of the most difficult and intractable constitutional questions. The Daily Mail reported that on the night of the Scottish referendum result, over a curry dinner, the Prime Minister decided that he was,

“going to explode a bomb in Labour territory”.

That bomb was giving English MPs a veto over matters affecting only England, which it is widely agreed will tend to give that veto to the Conservative Party. It constitutes and continues the process of setting nation against nation which is so destructive of the union. The Chancellor of the Exchequer is reported to have been an enthusiast for this bomb—relishing, it is reported, the “raw politics” of it.

The Prime Minister and the Chancellor did not try to build on the Scottish referendum result to cement the union. Instead, the very next morning they went out to explode a bomb in Labour territory. Once the veto is scrutinised in detail, its flaws reveal themselves. Quite apart from the technical problems of definition, critically, it ignores the principle of the need for differential protections for the minority nations of the United Kingdom. The Economist chided its favoured party of government by saying:

“Britain’s union is a delicate balancing act. It is the only stable rich country of its kind: one in which the population of one constituent part is much greater than all the others put together”.

That Conservative bomb on Labour territory was followed by another one during the recent election campaign with that party’s scare stories about Labour and the SNP—again setting the nations of this United Kingdom one against the other. On this I can do no better than to quote one of your Lordships who sits on the Conservative Benches opposite and who has unsurpassed experience in these issues. The noble Lord, Lord Forsyth, was quoted in the Guardian in April as saying of his party’s approach that:

“It doesn’t seem to me to be a very good policy to try and deal with the rise of Scottish nationalism by stirring up English nationalism. I think you have to, we need to find ways of binding the United Kingdom together, of binding that partnership together”.

That is exactly so. The survival of the United Kingdom is not a tactical munition to be chucked around in some politician’s jape after a curry dinner.

That brings me to this Government’s onslaught on the Human Rights Act, which among other things was designed to help foster a sense of belonging by providing the individual citizen with protection against the overweening power of the state. One rule of law must command broad support in society for it to be sustained. It should not come at the price of requiring majority support for every leaky judgment. That would leave minorities and individuals defenceless. We forget at our peril where the orthodoxies of majorities can lead. Modern human rights were born from the terrible experiences of the 20th century, where the protections that we take for granted—democracy and the rule of law—proved frail and millions and millions paid a terrible price.

The Government’s commitment to scrap the Human Rights Act is intended to suggest that human rights judgments in the courts that have provoked disquiet in sections of the media and the population will no longer occur. That is simply not true, not least because many such cases have resulted from judgments not in British courts but in the European Court of Human Rights. If the Government then seek to satisfy those populist demands by also withdrawing from the European Convention on Human Rights, as some senior Ministers are reported to be advocating, they will be turning their backs on those fundamental protections for the individual.

Noble Lords should not take my word for that. In 2009 Jesse Norman, now a respected Conservative Member of Parliament and chair of the Commons Culture, Media and Sport Select Committee, and Peter Oborne, a prominent right-wing commentator, wrote this:

“As a General Election approaches, it is important for the Conservative Party to drive home the message that it stands for freedom, decency and British liberty. It should drop its opposition to the Human Rights Act”.

The fact that it has not, again, speaks for the short-term and partisan nature of this Government’s approach.

Anyone who still has doubts about that should chart, as I have done, the occasions of the Prime Minister’s public pronouncements on the Human Rights Act. Their timing is characterised by coming after the Prime Minister has had some difficulty or other with the more extreme dwellers on his party’s right wing. The Human Rights Act is the meat that he throws from the sledge to keep those wolves at bay. The protection of the individual against the state really should be more precious than that.

Finally, I want to address two issues that are perhaps so technical that the Government might have hoped that they would sneak through without anyone in the media or the public taking much notice. Both of them will nevertheless fundamentally alter the way in which elections are fought in this country and how Governments are elected. In the light of this Government’s track record it is not surprising, perhaps, that they will alter them in favour of the Conservative Party.

The first concerns political party funding and the Government’s proposals that trade unions should opt in to this. There are two fundamental principles that should govern any attempt to solve the intractable problems with political party funding. First, it should remove the public perception that political influence can be bought; and secondly, it must do so in a way that is roughly equivalent in its impact on all the main political parties. In other words, it should be seen to be fair. This proposal satisfies neither principle. It will do little to address the popular perception that political influence can be bought and, while there may be good arguments for an opt-in, there are none for doing it in this way in isolation.

Why are the Government bringing forward this measure and not also one that, for example, would ban all party political donations from individuals who had evaded tax through aggressive tax avoidance schemes? There is at least as good a case to exclude such donations. This Government’s partial approach makes it impossible to avoid the conclusion that they do not want to secure a long-overdue clean-up of party funding. Instead, they want to privilege the short-term interests of the Conservative Party.

My last example of this Government’s partisan approach is the superficially innocuous commitment in their manifesto to try again to,

“address the unfairness of the current Parliamentary boundaries, reduce the number of MPs to 600 to cut the costs of politics and make votes of more equal value”.

There is nothing inherently objectionable about that proposal. However, the statistical basis on which the size of constituencies is equalised is crucial. The Government appear to be opposing this not on the basis of population but on the basis of an electoral register that remains neither comprehensive nor accurate. The most recent assessment by the Electoral Commission last year suggested that it was still only 85% complete. That means that 8 million voters who are eligible to vote cannot do so because they are not on the register. This matters for specific electoral reasons as well as on the grounds of general democratic principle. Most agree that those eligible voters not registered to vote are more likely to vote Labour when they do vote and the Liberal Democrat vote in the inner cities, such as it still is, is also likely to suffer. The Electoral Commission found that underregistration is notably higher than average among the young, private sector tenants, and black and ethnic-minority British residents, and that the highest concentrations of underregistration are most likely to be found in metropolitan areas.

The evidence suggests that the party that will suffer least, if at all, from such a flawed electoral register is the Conservative Party. Electoral registration has been significantly lower in Labour areas than in Conservative ones. The Daily Telegraph, with its hotline into the inner sanctum of the Conservative Party, revealed on 8 May this year the real motivation behind this reform:

“Redrawing constituency boundaries to lock Labour out of power for decades is at the top of the agenda for the new Conservative government, senior Tories have said”.

Our electoral arrangements should never become the object of partisan manoeuvring; it corrodes public trust and undermines the foundations of our democracy. So for many years all political parties have sought consensus on such issues and have, for the most part, succeeded in finding it—but no longer, apparently.

These are all far-reaching reforms being pursued by a Government who have hardly received a resounding endorsement from the electorate. In the last 50 years, only one Government have had a smaller absolute majority. In these circumstances it might have been thought prudent to embark on an extensive and comprehensive programme of public engagement and consultation, but there has been no sign of that so far. The Government may argue that this is a matter for Parliament and that it is through Parliament that popular consensus is secure. Of course our system of representative democracy is one that we should continue to cherish, but it can be augmented. In the case of such profound changes, it should be.

Many of my noble friends, and others in your Lordships’ House, believe that there should be a constitutional convention to discuss all these issues in a way that properly reflects their interdependence. I have long been a supporter of this; I wrote a pamphlet advocating it 10 years ago, although it is important that such a convention should not just convene the usual great and good, but accommodate the peoples of these islands through a randomly selected, demographically representative sample of them. Even if a constitutional convention is too great a stretch, there are other means to engage the public through new technologies and deliberative forums. Again, there has been not a word from the Government about any of these forms of public engagement.

Worse than this, earlier this week we heard from the Justice Secretary his intention to restrict the ability of the public to engage with these issues by emasculating their rights to know under the Freedom of Information Act. It is no surprise that Ministers and civil servants do not like that Act—it would not be doing its job if they did—but it is essential to open up the Government to the public whom they serve. How do the Government think they will enhance the public’s confidence in their politicians if they restrict their rights to know in this way? What exactly is it that the Government want to stop the public finding out about their plans for the country?

I understand that the Minister is an Oxford historian. I do not know whether he took the paper on theories of the state when he was up there, but if he did he may recall what Aristotle said about constitutions. The great philosopher wrote that:

“constitutions which aim at the common advantage are correct and just without qualification, whereas those which aim only at the advantage of the rulers are deviant and unjust, because they involve despotic rule which is inappropriate for a community of free persons”.

If he does not recall those words, I commend them to him now. In the context of these short-sighted and partisan proposals, I conclude by also commending to him and to everyone in your Lordships’ House the conclusion of the royal commission in 2000, which was that your Lordships’ House’s key function is,

“to act as a ‘constitutional long-stop’”,

to ensure that,

“changes are not made to the constitution without full and open debate and an awareness of the consequences”.

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Lord Wills Portrait Lord Wills
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My Lords, it was daunting enough to open this debate. It is even more daunting to close it after such a distinguished and compelling succession of speeches. I thank everyone on all sides of the House who took part in the debate. Every single contribution illuminated these extremely important issues.

I wish to pick up on only one point made by the noble Lord, Lord Butler, before I turn briefly to the Minister’s remarks. I do so only to set the record straight because he seemed to suggest that I was opposed to any attempt to deal with the West Lothian question, on the grounds that to do so would be partisan. That is not my position, as I think he will see when he reads Hansard tomorrow, as I hope he will. I am simply opposed to the way of dealing with it—the veto—set out in the Conservative Party manifesto. It is interesting that in his comprehensive remarks, the Minister did not seek to deny the story that I cited: that the Government’s motivation was to put a bomb on Labour territory. I do not know how the noble Lord, Lord Butler, defines “partisan”, but putting a bomb on the opposition’s territory seems a pretty good definition of it to me.

I thank the Minister for a very illuminating and comprehensive response to what I agree was an excellent debate. I am extremely grateful to him for reading our pamphlet, which means that I can now start counting its readership on my second hand. That is a devotion to duty that goes well beyond anything that could reasonably be expected of him, so I am grateful to him for that. I am also grateful to him for the wide range of references. I do not think I have ever been bracketed in the same paragraph with Elvis Presley before, something for which I will always be in the Minister’s debt.

Apart from that, I am afraid that the substance of the Minister’s response did nothing to allay my concerns about the Government’s programme. There are a whole range of issues on which we shall have to differ. I was particularly alarmed to note that the Government are still not ruling out leaving the European Convention on Human Rights. However, I have no doubt that we shall return to these issues again and again and again in the coming months. In the mean time, I beg to move.

Motion agreed.

Electoral Register

Lord Wills Excerpts
Thursday 19th March 2015

(9 years, 1 month ago)

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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, after the election, the Electoral Commission, which is an excellent organisation, will of course examine the successes and weaknesses of the transition to individual electoral registration. We have guaranteed that this will come back to Parliament—there will be a report to Parliament on how the transition to individual electoral registration has gone. I emphasise that this has not been a failure. Applications are still coming in. Two-thirds of applications since last June have been online. We are doing everything we can to ensure that more people who have not yet registered, or who are registered in the wrong place, register before 20 April.

Lord Wills Portrait Lord Wills (Lab)
- Hansard - -

My Lords, the Electoral Commission has said that between March and December last year 920,000 people disappeared off the electoral register. This is clearly going to have an impact on the outcome of the general election. Will the Minister say what impact he thinks it will have?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
- Hansard - - - Excerpts

My Lords, I have just emphasised that nearly 3 million have applied to register since December. There is movement on and off the voting register all the time, as the noble Lord well knows. We are doing everything we can to make sure that movement in the next few weeks, as over the past three months, continues to be positive.

Census 2021

Lord Wills Excerpts
Wednesday 16th July 2014

(9 years, 9 months ago)

Lords Chamber
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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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I note the noble Lord’s question. We have not yet decided exactly how many questions there will be in the next census. I should correct him, however: the census covers Great Britain. The arrangements for Northern Ireland are a little different.

Lord Wills Portrait Lord Wills (Lab)
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My Lords, I welcome the Government’s acceptance that the census needs to be updated. I also welcome what I take to be the Minister’s announcement today that the Government are planning to reuse administrative data to get more accurate and timely information. However, can he confirm that such reuse of administrative data will be coupled with a sample of annual household surveys to ensure that whatever conclusions are drawn from those data are accurate?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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That is one of the issues currently under consideration. We have some time yet before we go final for the next census. Administrative data are an important issue. At the moment the Government are involved in an open policy-making process with stakeholders to discuss how we might modernise the various structures of law that apply to different departments and different local authorities about how one collects administrative data. It is our intention in the autumn to publish a White Paper on this.

National Voter Registration Day

Lord Wills Excerpts
Tuesday 1st July 2014

(9 years, 10 months ago)

Lords Chamber
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Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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My Lords, we need a range of activities by a range of different organisations, including political parties, of course. We touched on citizenship education yesterday. The activities in schools—I hope that Peers and others will help in that by going into schools—are all part of the effort we need to make to engage young people in the registration process.

Lord Wills Portrait Lord Wills (Lab)
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My Lords, why do the Government not send registration forms with every student loan?

Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire
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It is partly because we want people to register to vote online. It is more efficient and cheaper. A number of efforts are going on with universities to ensure that students are also encouraged to vote. There will be various activities during Freshers’ Week. I will take that back as a suggestion but we feel that we are covering this in another, more effective way.