Representation of the People (Northern Ireland) (Amendment) Regulations 2013

Lord McAvoy Excerpts

Tuesday 4th June 2013 Grand Committee

[Lord Empey]

My Lords, I have a number of issues that I would like to raise with the Minister. She refers to the high number of inaccurate entries on the current register. In her wind up can she give the Committee some up-to-date figures as to what in her opinion the accuracy level of the register is at present? It is a continuous process but people perhaps become less exercised by it and do not follow through; if they move house and move around and so on, it is definitely an issue.

With regards to the reference that you are going to support research by NISRA into alternatives to the 2021 census, I think many people felt that the census was an extremely costly process. The information also decays very rapidly with time. Ten years is a long time in public policy and needs change. If it is possible to have a more accurate and running figure when one is making public policy and spending decisions, there is merit in that. Quite frequently we had to make decisions on the basis of previous censuses which obviously were very inaccurate by the time we got to them.

The Northern Ireland Electoral Commission also recommended changes to the way the canvass form is set, which would require primary legislation. The Government are considering this recommendation. Can the noble Baroness tell us where that thought process is at and whether the Government have decided to accept this recommendation? Will a law come forward?

The one issue to which I want to draw the Committee’s attention is that of confidentiality. We all know about the Census (Confidentiality)(Northern Ireland) Order 1991 but I have to tell noble Lords that there is considerable anxiety among many people that the spread of information—the number of agencies from which the information is both drawn from and goes to—means that a very large number of people have access to it. No matter what is said, given that lip service is always paid to confidentiality, I am not clear about what is actually being done about this, so I would be grateful for an indication of what processes and decisions to implement it are in place. The fact is that people are still being targeted and, sadly, we have seen evidence of that over the past six months. A number of people are nervous about having their names appear on the electoral register, and yet they are under a legal obligation to provide information for electoral purposes. That information will be spread around a large number of public bodies whether they want it or not. In the past, I have listened to Ministers say that it is an issue and they are looking at it but I am unclear as what has ever been done about it. It is an extremely difficult problem to solve. Once information is passed to public bodies, it is in the system where loads of people have access to it, and it is not clear to me how that information is controlled.

I would be grateful if the noble Baroness could address these issues in her response to the Committee.

[Lord McAvoy]

My Lords, I am grateful to the Minister for her clear outline of the regulations. It is extremely important, particularly in Northern Ireland, that there is a continual process of encouraging people to register, despite the obvious difficulties quite rightly mentioned by the noble Lord, Lord Empey. The issue of confidentiality is the only point I wish to raise.

Paragraph 8.4 of the Explanatory Memorandum explains that the Information Commissioner’s office made,

“recommendations in relation to the contents of the data arrangements between”,

various organisations and bodies in Northern Ireland. Is the noble Baroness able to share with us what those recommendations were, or at the very least at this stage say what the issues were that led the Government to further consider these recommendations? If she cannot do so today, perhaps she will write to me and the noble Lord, Lord Empey.

The Opposition Front Bench supports what the Government are doing here and would encourage them to make sure as best they can that people register and take part in the democratic process in Northern Ireland. I know that I have sprung a question on her, but if the information regarding the Information Commissioner’s Office is available and it is possible share it, I would be grateful.

[Baroness Randerson]

I thank both noble Lords who have spoken for their contributions and those noble Lords who have attended and shown interest in this debate. I will do my best to answer the questions posed and, as ever, I will review the record afterwards and write to noble Lords who are here if I have any further information to add.

The noble Lord, Lord Empey, asked about the completeness of the register and its accuracy. The parliamentary register is considered to be 73% complete and the local government register is considered to be 71% complete. The accuracy for both registers is considered to be 78%. That gives us 22% inaccuracy. It is in the interests of democracy that we make the register as accurate as possible because inaccurate names will not increase the turnout; in fact, they would probably do the reverse. Therefore, it is important that we have a very accurate register in Northern Ireland.

I am pleased that the noble Lord welcomed using NISRA for the census and approaching the census information in a different way. The recommended changes to the canvass form that he referred to are in the primary legislation currently before the other place: the Northern Ireland (Miscellaneous Provisions) Bill. They will allow very broad parameters to be set by government. The form will be designed by the Electoral Commission. In my view and that of the Government, that is very much more satisfactory because, after all, the Electoral Commission has a wealth of experience and its approach has been honed in other parts of Britain.

I shall go back to the census and the issue about confidentiality raised by both noble Lords. Part of the benefit of information sharing with NISRA is improving its ability to obtain information relevant to the census. Confidentiality is a difficult issue, as the Northern Ireland Office is very aware. There was a public consultation on anonymous registration, and provisions on it are currently being considered. It is important to bear in mind that people do not have to have their address advertised on the register in order to have the right to vote. They have a legal obligation to register to vote but do not have to have their address advertised. I emphasise that NISRA deals with census material under conditions of secrecy and confidentiality. Its staff are trained to a very high standard in this and are under considerable regulation in the way in which they handle that data, for the reasons that noble Lords outlined in their concern about confidentiality. The concern about sharing data is not new. It has existed for some time and therefore is not associated with these regulations.

Finally, I shall correct a slip that I made when talking about the Electoral Commission designing the form. It may design the form but will not necessarily do so. The legislation before the other place would permit it to do so.

I commend the regulations to the Committee.