Electoral Registration and Administration Bill

Mark Durkan Excerpts

Monday 18th June 2012 Commons Chamber

[Mr Harper]

We have hardly rushed in the way we have conducted this legislation. I announced our decision in September 2010 and we then published the legislation with the pre-legislative scrutiny. We have been doing this in a very deliberate and careful way, as I think most people would accept.

[Mark Durkan (Foyle) (SDLP)]

The Minister has referred to the experience in Northern Ireland, but does he accept that the dip that took place there was not just a temporary blip after which the numbers were immediately recovered following one step, because it took some time to recover? Does he also accept that there is something qualitatively different about the current proposal because for the first time individual electoral registration will be used to determine a boundary review? That is an overnight use of a new system.

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[Mr Harper]

There is a very clear answer: the register’s use in the election will be its first use, and we know that at the time of a general election people will be very focused on it. By the time of the publication of the registers in 2015, individuals who have not been confirmed automatically at the start of the transition will have had more than one year to register individually, had more than two canvasses, been contacted a number of times by the electoral registration officer and between canvasses had a general election, a time when awareness of politics and voting is at its highest.

Our intention remains that EROs will write to individuals who have neither registered nor been confirmed towards the end of the 2015 canvass to inform them that they will be removed and to offer them one further chance to apply. It seems to me that, for somebody to be eligible to be registered, at their property and not to have registered individually for the 2015 register, they will almost have had to go out of their way to avoid being contacted by an ERO, and almost deliberately have not registered. The steps that we have put in place are very robust.

[Mark Durkan]

Reflecting on the Northern Ireland experience again, does the Minister not recognise that one problem in Northern Ireland was that people thought, because they had voted in a recent election, that they were already registered automatically for future purposes? The amount of information actually created confusion and an assumption that if someone had a vote they were on the register in future.

[Mr Harper]

It is worth pointing out that, after the general election in 2015, there will be another full canvass of households to ensure that we get people on the register. The danger with just carrying everybody forward for ever and a day is that we just perpetuate inaccuracy; we might get completeness but it would be at the expense of ensuring that the data were accurate.

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[Dan Rogerson]

That is a very good point. Students will spend roughly six months a year in each of those two locations. They will probably have a strong affinity with the place where they grew up, particularly in the case of those who have recently left school. Their family may still reside in the area and they may ultimately look to return to it and therefore want to have a say there. They may spend all their time working there during their vacations. Students often take an active position in the community by volunteering, and perhaps interacting with the local political scene as well. If our approach is to be based on this principle, which is currently in place, we need to get it right and make sure that the information is available for electoral returning officers. We must determine the basis on which registration in more than one place is legitimate and where there is a case for it. Students may be an example of a group for which such a case can strongly be made.

The current position is based on whether the person applying to go on the register can demonstrate equal residence. That is what Cornwall council is using as the qualification, having decided to take action on the issue. It is writing to people to say that if they are seeking to be on the register in more than one place for a property in Cornwall and a property elsewhere—usually the one at which they spend most of their time—they will need to demonstrate some sort of equal residence. They may be in the process of moving to Cornwall for their retirement and have bought the property in advance of that, and are spending time there getting it ready and gradually making the transition. In many cases, however, we find that people are spending only a few weeks, or perhaps a month at most, a year at the property, and for the rest of the time they are renting it out as a commercial let, particularly in the winter, or as a holiday let in peak season. In those circumstances, it is a source of frustration to people who live in communities such as mine that their votes have equal standing with somebody who is on the register for that purpose.

There is another dimension to this. At the moment, if circumstances allow somebody to be on two registers at once, and if electoral officers are happy with that, it is permissible for them to vote in local elections in the two places, even if those elections are on the same day, because they are seen as separate elections. However, they are not allowed to vote in two places on the same day in a general election, nor would they be able to do so in a European election or a referendum on a national question. However, postal votes are readily available now, and it is entirely possible that someone could cast a vote based on one address in the run-up to the election and still vote in person on the basis of the other. Of course, people will say that we can check that.

[Mark Durkan]

Is the hon. Gentleman aware that although it is not possible to vote in two constituencies in a general election, if there are by-elections in two constituencies on the same day it is entirely legal for someone who is registered in both places to vote in both by-elections? In January 1986 in Northern Ireland, people who were registered in more than one constituency were free to vote in as many by-elections as they were registered for.

[Dan Rogerson]

While the hon. Gentleman was speaking, it clicked into view that the period he was talking about was that of the Anglo-Irish agreement. I was not aware of that, but I am now. I thank him for his intervention, which was helpful to me in giving the example another scenario in which this is legitimate.

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Question proposed, That the schedule be the Second schedule to the Bill.

[Mark Durkan]

I appreciate your indulgence, Mr Amess, and I hope the Minister will be able to offer some assurances about the concerns I raise.

This schedule is entitled “Sharing and Checking Information etc” and it clearly relates to the integrity of the registration process per se. I briefly consulted the draft secondary legislation, which the Minister advertised in response to previous invitations to establish whether the matter about which I am concerned is addressed in that secondary legislation. It is not addressed in the Bill, certainly not in schedule 2.

Issues about the sharing and checking of information arise not just at the registration stage, but during the key phase in the conduct and management of any given election process itself—whether it be a local government election, a general election, elections to health authorities or for police and crime commissioners, local referendums or whatever. A number of different votes now take place, and those charged with electoral management have to go to the market quite often to procure the services and supplies from companies that are in a position to support them. It is a growing and significant market, so the whole question of datasets is hugely important in that context. If suppliers cannot have proper access to the relevant datasets because somebody else says that they are really in control of them and leans on electoral registration officers to say that another firm will not get access to their formats or that access will not be made easy, it makes it hard for other suppliers to compete fairly.

That has been an issue in the past, and I have raised it previously. There is a very successful firm in my constituency, which has developed its position in electoral management services. It is a firm called Opt2vote. Local government officers here told the company that they were not in a position to procure from Opt2vote simply because it would cause them difficulty—in respect of time and for budgetary reasons—to issue the contract as another company, Express Ltd, which is a wholly owned subsidiary of Electra of Electoral Reform Services Ltd, has ability to access the data formats. Registration data should by its nature be deemed to be in the public interest and to be public property, and it should be fully and readily accessible to any firms competing to provide services. That is in the interests of both fair competition and best-value public procurement.

I hope that the Minister will address the whole question of open data standards in the Bill, because it would be odd if it were not addressed there. I have looked at the draft secondary legislation, in which the Minister has provided a list of other issues that he intends to address in that legislation and others that he does not intend to address. The issue that I have raised appears in neither list, which reinforces my request to him. The Cabinet Office evaluation of data matching pilots in 2011, published in March 2012, noted—on page 33—that there were also issues relating to the consistency of data sets with EMS systems, and that the formatting of some of the data sets meant that match rates were not always as high as they could be. The key way in which it suggested that that could be improved was the standardising of address and name formats throughout national data sets. Recommendation 4 stated:

“Where possible there should be greater consistency between the national datasets and the electoral register/EMS”

—electoral management system—

“to ensure compatibility. In particular improved standardisation of data formats and the use of UPRNs in national datasets would improve match rates, in addition to more sophisticated algorithms.”

We may have to be cautious in interpreting that recommendation. It does not imply that all electoral management systems should use the same data format; it simply implies that the national data set used should be compatible with all electoral management systems, which is substantially different. The Minister might consider it unreasonable to expect data from, for instance, the Department for Work and Pensions to be made available in three different formats to suit each of the electoral management systems. Perhaps the problem would be resolved more easily if only one data format were used.

Given that the Government have invested a substantial amount in developing a common interface electoral mark-up language to meet the objective of introducing a uniform and reliable way of allowing systems that support the running of elections to inter-operate, could the Government use the Bill as a vehicle to ensure that a common data standard is applied across all systems? That would end the anomalies that are inherent in the current market, which lead to abuses or, at least, to allegations of abuse, in which data standards are not common and access is not guaranteed to be open.

If Electoral Reform Services Ltd tries to refute the allegations that I have made about it tonight, and the insinuations that I have made about it in the past, I will suggest that the best way in which a company of its kind could be protected from such allegations—and the best way in which a company such as the one in my constituency could be protected from any future abuse—would be for us to address the issue properly in the Bill. It would be a dereliction of duty for that not to be done.

[Mr Harper]

I will not go into the issues in quite as much detail as the hon. Member for Foyle (Mark Durkan), but I will make a couple of points.

The mandating of the data standards that local authorities use for their individual electoral registers is a matter for them. We have been clear about the fact that theirs are local databases, and that we are not trying to recreate a national database. However, the hon. Gentleman made a good point about interoperability and the exchange of data. In terms of data matching, existing national databases such as the DWP database have a consistent format. We are working with all the electoral management service suppliers who are contracted to local authorities in Great Britain as part of the process in order to optimise the working of the system.

Given that the hon. Gentleman has raised a number of issues, the best thing for me to do is reflect on them and then either write to him or, if it is not appropriate to do just that—given that he mentioned a specific company in his constituency—arrange a meeting with him, which might be more helpful, to make sure that I have addressed his points.

One of the things that we are doing in the pilot—I alluded to this in relation to confirmation—is making sure that the process whereby electoral registration officers send data to the DWP, and vice versa, is scalable. The hon. Gentleman referred to issues in the first set of pilots whereby a lot of EROs found the process resource-intensive. That is one of the things we want to focus on in the second round of pilots, in order to make sure that the process is scalable and does not generate lots of resource issues. Some of that may be about having open standards and making it easier to transmit the data. Let me reflect on the issue further, however. I will then write to the hon. Gentleman and, if necessary, we can have a meeting. I hope that that is a satisfactory response.

Question put and agreed to.

Schedule 2 accordingly agreed to.

Clause 3 ordered to stand part of the Bill.

Clause 4

Annual canvass