Electoral Registration and Administration Bill

Mark Harper Excerpts

Monday 18th June 2012 Commons Chamber

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

I shall speak briefly on this group of amendments, which we broadly support, on the role of the Electoral Commission. The Electoral Commission is, of course, strongly in favour of individual electoral registration as a means of fighting electoral fraud, and I commend it for taking that position. However, the commission’s role needs to be used as a safeguard to ensure that IER will work as intended—this should be prior to its introduction —and for continued monitoring afterwards.

Amendment 30 particularly interests me because of the proposal for registration objectives in the Bill. As hon. Members will know from my contributions to the Opposition day debate on this subject and on Second Reading, my primary concern is for the inclusion of as many eligible registrations as possible on the electoral roll. I am sure that that aim is shared by all hon. Members. The Electoral Commission’s most recent estimate was that about 6 million eligible adults were missing and that registers were between 85% and 87% complete. Therefore, these changes, which we can expect will further diminish the completeness of the electoral register, and which as we saw when IER was introduced in Northern Ireland, may well be counter-productive in terms of including people on the electoral register.

I would like to see a duty on the Electoral Commission and on individual electoral registration officers for their principal aim to be that registers are as complete as possible and that there is a presumption in favour of inclusion on the roll, rather than deletion. As we have discussed previously, there is the opportunity for electoral fraud, but the number of convictions for that offence has been small. That is not to say that there is not a problem, but I believe it is more important that we get people on to the electoral register and entitled to vote. That is especially the case now, given the equalisation of constituency electoral rolls being introduced for Westminster elections and the new proposals from the Secretary of State for Wales for boundary reforms for elections to the National Assembly for Wales. No change is not an option now in terms of the National Assembly for Wales; even if we retain the 40:20 split, there will be new, equal-sized constituencies for the 40 seats.

Parts 1 and 2 of the Bill should clearly not be brought into force until IER has been trialled, and until the Electoral Commission is convinced that any adverse impacts will be as limited as they can be and that the completeness of the register will not be affected.

[The Parliamentary Secretary, Cabinet Office (Mr Mark Harper)]

I should say at the beginning that I was slightly surprised that the hon. Member for Caerphilly (Mr David) said that the Opposition were in favour of individual registration, as I could have sworn that on Second Reading they not only tabled a reasoned amendment, but voted against the Second Reading of the Bill. That was strange; it is difficult to see how they are in support of it. If they had only voted for the reasoned amendment, I could have accepted it as a principle, but it seems to me that they are opposed to our fundamental position.

I wish to make one or two points that I hope are helpful to the Committee. The hon. Gentleman drew attention to the lengthy period of pre-legislative scrutiny we have had. Not only did we have that, but, as I think he has acknowledged, we made a number of significant changes to our approach as a result. All I say to the Committee is that I hope the progress of the Bill reflects that considerable pre-legislative scrutiny. It is probably also worth saying that, as the Committee may have noticed, we deliberately decided not to use knives in the programme motion for the first two days of debate in order to enable it to focus on points that hon. Members thought were important. I hope that the flexibility that that gives the Committee is used properly and that we make reasonable progress that focuses on where the Committee thinks the important issues are.

I pay tribute to my hon. Friends the Members for The Cotswolds (Geoffrey Clifton-Brown) and for Epping Forest (Mrs Laing) for the amendments that they have led on. They have participated very well in the experiment that the Procedure Committee has asked us to undertake. This Bill is an example of it, because all hon. Members tabling amendments were asked to include explanatory statements to enable hon. Members to understand better the nature of the amendments. I am pleased that they have done so, as it is very helpful to the House. It is just a shame that the official Opposition appear to have ignored the fact that we are conducting that experiment and have not taken that opportunity. I am sure that the Procedure Committee will draw the appropriate conclusion.

[Mrs Laing]

I thank the Minister for expressing his gratitude. Does it occur to him that the official Opposition might not have wished to publish explanatory statements to support their amendments as they do not want to explain their effects because they are trying to have their cake and eat it by opposing the Bill while saying that they do not oppose it? The more smoke and mirrors that are involved and the less clarity there is about their amendments, the better it is for their purpose.

[Mr Harper]

I could not have put it better.

[Mr David]

I am more than happy to provide an explanation. Resources are extremely limited for Opposition Members and the Minister will have noticed how many amendments we have tabled. That shows our concern about the fine detail of the Bill. However, we thought it was far better to follow the time-honoured practice of tabling amendments and using the facility of being at the Dispatch Box to explain our points and that is precisely what we are doing.

[Mr Harper]

I am sure that the Committee will thank the hon. Gentleman for that point. I simply observe that my hon. Friends the Members for Epping Forest and for The Cotswolds do not have the benefit of £6 million or so of Short money to provide resources, but they seem to have been able to draft very good explanatory statements for the benefit of the House.

I said on Second Reading that I intended to publish secondary legislation in draft for the House to consider. I was criticised by Opposition Members—indeed, I think that it was in their reasoned amendment—for the fact that we had not done so by Second Reading. I said that we would do so while the Bill was in Committee and I drew the House’s attention to the fact that the Opposition were responsible in government for two similar Bills, but they published no draft secondary legislation before those Bills received Royal Assent. I can confirm that I have placed in the Library of the House the first tranche of draft secondary legislation, which will be available on the Cabinet Office website tomorrow morning, for Members to consider while the Bill is in Committee. We have published the first tranche of documentation and will publish it all while the Bill is still going through Parliament and by the time the House returns in the autumn. I hope that that is helpful and it is a useful example of something that the Opposition did not do at any point when they were in government.

[Mr David]

rose—

[Mr Harper]

Of course I will give way, so that the hon. Gentleman can explain.

[Mr David]

I hope that the Minister will explain—after all, that is the Government’s job. If there is to be full and proper scrutiny, there is no point in publishing some of the draft legislation—we do not know which pieces—in the middle of our consideration in Committee. I raised this matter as long ago as last November and surely it would have been better for secondary legislation to have been prepared so that we could have proper parliamentary scrutiny in Committee; the Electoral Commission made the same point. It is no good producing part of the secondary legislation halfway through when we do not even know which legislation it is.

[Mr Harper]

The first tranche was published before we started our consideration this afternoon—on day one, not halfway through. As I said, with two similar pieces of legislation, both of which delegated significant powers to Ministers, the Labour party published no draft secondary legislation at any point during the passage of either Bill through either House of Parliament. It was all published after the Bill had received Royal Assent. I accept that this Government might not be perfect, but on this issue we have made enormous progress compared with the Labour party.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

Is it not a bit rich for the Front-Bench spokesman of the Labour party to make a fuss about this issue? When the Opposition were in government, I remember spending hours and hours in the House while they virtually rewrote entire Bills, not only by rafts of amendments as late as Report stage, but sometimes by secondary legislation after Report? I congratulate my hon. Friend on attempting to improve the procedures of the House.

[Mr Harper]

I am grateful to my hon. Friend for drawing that point to the attention of the Committee. As I said, I think we made a useful step forward with pre-legislative scrutiny. We have been publishing the secondary legislation in draft so that people can read it and look at the Bill in the light of it, and I think that is a step forward. We may not be perfect yet, but we are getting there. We are getting an awful lot better.

[Mr Love]

Prior to the general election, when my right hon. Friend the Member for Blackburn (Mr Straw) moved his legislation introducing individual electoral registration, he made every effort to achieve cross-party agreement. That does not seem to be the case with the present Government.

[Mr Harper]

I am sorry, but that is a rewriting of history. If I get any details wrong, I am sure my hon. Friend the Member for Epping Forest will correct me. When that Bill was introduced in the House, it did not contain any provisions about individual registration, which is why we tabled a reasoned amendment and voted against the Bill. Those clauses were not in the Bill when it left the House. They were added in the other place under enormous pressure from the Conservative Members there, so this House did not even get a chance to debate them until we considered Lords amendments. I am afraid that Bill was not an example of good parliamentary practice.

[Mrs Laing]

I agree with my hon. Friend’s recollection of the history of a couple of years ago. The Bill to which he refers was massively changed and we had very little time in this Chamber to discuss the provisions. They were ill thought out and it is fortunate that this Minister has managed to make sense of the previous provisions introduced by the Labour Government.

[Mr Harper]

I am grateful to my hon. Friend for that point.

Before I come to the amendments, let me say something about the tone adopted by the hon. Member for Caerphilly, a point to which my hon. Friend the Member for North Cornwall (Dan Rogerson) drew attention. One of the things that I have been very clear about all the way through is that the Government are as focused on completeness as they are on accuracy, but both of those—getting on to the register everyone entitled to be on the register, and also making sure that no one is on the register who is not entitled to be on the register—are equally important. One is not more important than the other. The hon. Gentleman’s amendments, in this grouping and elsewhere, all seem to be focused on completeness, with no sense that accuracy is equally important.

The hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) went further than that and explicitly said that he was not particularly bothered about accuracy; it was all about getting people on to the register. Getting people on to the register who are not entitled to be there is a problem. That is why 36% of the public think there is a problem with electoral fraud. It is also why, when the groups from the Organisation for Security and Co-operation in Europe come and inspect British elections, they say that if we have low levels of electoral fraud, it is not because of our electoral system, but in spite of it. That is not good enough, and it is why we need to fix the system. My hon. Friend the Member for North Cornwall is right: we should be as focused on completeness as on accuracy. That has informed the proposals that the Government have put forward, and that is why they were well received during pre-legislative scrutiny and why we made the changes that we have.

The hon. Member for Edmonton (Mr Love) asked when it would be right to take steps if the number of people on the register fell precipitously. We do not think that that would be the effect of our proposals. I will set out a little more about our proposal for confirmation and say why we think we can successfully move two thirds of electors over to a new register. I say gently to the hon. Gentleman that it was under the previous Government that 3 million people ceased to be on the electoral register, and we know that from the research that this Government commissioned. The previous Government were unaware of that fact because they commissioned no research and did not know what was going on. As a result, they took no action at all. So Government Members will not be lectured about large numbers of people falling off the electoral register, because it happened under the previous Government and no action was taken in response.

[Mr Love]

To return to the previous point on accuracy, amendment 30 suggests that the Electoral Commission’s report, if it was drawn up,

“would help the achievement of the registration objectives”,

one of which is accuracy, so the amendment would take care of that point.

[Mr Harper]

The hon. Gentleman is quite right in one respect. There are two objectives: one is to get everyone on the register who is entitled to be on it; and the other is to ensure that no one is on it who should not be. Both are central to, and inform, everything we are doing. That is partly why we put the carry-forward proposals in place. If anything, they do a little of what the hon. Member for Carmarthen East and Dinefwr suggested, which is to ensure that for the 2015 general election—the first for which the new register will be used—people do not inadvertently fall off the register and become unable to vote. I think that that is a sensible proposal.

Amendment 2, tabled by the hon. Member for Caerphilly, proposes that we should not be able to commence with these provisions if the Electoral Commission does not say that the new electoral system is operating effectively. It relates to the guidance issued by the Secretary of State. The reason we thought it appropriate to have guidance issued by the Secretary of State is that there will be important operational details that registration officers will have to think about, particularly on how the new IT service for verifying applications will operate. We therefore thought that the transitional period should effectively switch off after five years.

The hon. Member for Caerphilly tried to make a big hoo-ha about the use of the word “likely” and the choice of five years. It seemed to me to be a sensible period of time. I could have written “certain”, but then he would have criticised by arguing that I could not possibly know the future. It is a sensible set of proposals. We are working closely with the Electoral Commission on all these matters, and it is represented on the programme board. We worked closely with it during pre-legislative scrutiny and listened carefully to its advice, but I am clear that, ultimately, Ministers are responsible for the implementation of the system—they have the advantage of being accountable to Parliament—which I think is right.

Amendment 30, which the hon. Member for Edmonton spoke to earlier, would ask the Electoral Commission to pronounce on the state of the register or the proposal. My first point on that is that the chair of the Electoral Commission, Jenny Watson, has welcomed our move and, indeed, the timetable. She said:

“The Electoral Commission wants to see our registration system tightened up and it’s good that the Government plans to introduce new laws to do this which will apply to any of us who want to vote by post before the 2015 General Election.”

I see no great value in the commission producing a report on the basis set out in the amendment. It refers to

“an electoral register made up solely of electors who have registered individually”,

but one of the things we have learned from the experience in Northern Ireland, to which the hon. Member for Caerphilly referred, is that the register used for the 2015 general election will not entirely consist of people who have registered individually because we have a carry-forward proposal to ensure that those who are on the previous register and failed to register individually do not drop off the register and miss out on their opportunity to vote. That is an important safeguard, and one that we inserted, having learned from the experience in Northern Ireland, and it has been generally welcomed outside the House. When Northern Ireland Members have commented on that, they have also welcomed the fact that we have learned from it. I do not think that amendment 30 is justified by the evidence.

Finally, let me turn to amendment 31. It appears implicitly to support the Electoral Registration Data Schemes Order and the pilots it will set up, so I look forward to the support of the hon. Member for Caerphilly for the order tomorrow in Committee. Again, I think that the use of that order is very sensible. When we did our first set of pilots, more than 2 million records were matched against Department for Work and Pensions data. That showed us that we could check the accuracy of the information against the DWP database and, therefore, be confident that those people really existed and lived at those addresses. Therefore, that is a good way for moving two thirds of the electors on to the new register, thereby reducing the risk and enabling electoral registration officers to focus on the remaining third of electors. The Electoral Commission said that because we had drawn those conclusions from pilots where that had not been the intention of the pilots—they had been about using data matching to look at increasing the number of people on the register and at people who had not previously been registered—it felt that we should run a further set of pilots with that specific objective in order to be absolutely certain that confirmation would work.

We are very confident that confirmation will work, and we think that what the Electoral Commission said was very sensible, which is why the order we will be debating tomorrow will enable us to run that set of pilots. That will do two things: first, it will confirm to our satisfaction and that of the Electoral Commission that confirmation will work; and secondly, it will enable us to refine the process so that we make the process as efficient as possible for electoral registration officers. I think that is very sensible.

[David Wright]

When does the Minister expect the process to be complete? Will the Government assess whether the process has been effective, and what happens if it is not? Will we have to go through a further phase of piloting, or will the Government proceed anyway?

[Mr Harper]

The hon. Gentleman asks some very good questions. The pilots will run this year and then be assessed not just by the Government—we will of course assess them—but by the Electoral Commission, as the previous set of pilots was. We will then publish our assessment, and the commission will publish its assessment, so we will be very transparent about the process and Members will be able to see what has happened.

Based on the pilots that we have already run, we are pretty confident—I am not going to say “certain”, because that would be complacent—that the process will work and that confirmation will enable us to move a significant number of electors on to the new register in a way that is much less risky, increases confidence and, very importantly, enables EROs not only to focus their efforts on the electors they cannot confirm, but to do some work with electors who may not be on the register—people who perhaps move more frequently. That is important, and that is how we have set up the funding mechanism. We have been very transparent about the process, which will be published, and it will enable us to take sensible decisions.

The Bill strikes the right balance between completeness and accuracy, both of which are very important, but the amendments would tilt that balance in an unhelpful direction.

[Mr Love]

The Government seem in something of a rush to bring all that in by December 2015, so I ask the question that was asked earlier: why the rush? Is there not room for flexibility should it prove not to be as easy to register people as the Government currently presume?

[Mr Harper]

I am not really sure that there is an enormous rush. The Electoral Commission likes to point out that it has been calling for individual registration since 2003—nine years ago. We made it very clear that, as the hon. Gentleman now knows from what I and my hon. Friend the Member for Epping Forest said, when his Government were legislating for individual registration, having been forced to do so because of pressure from, among others, my hon. Friend, we said that we thought they were going incredibly slowly and we could speed them up. Indeed, it was a commitment in our manifesto.

We have not suddenly speeded up the process. We said from the beginning—in the previous Parliament—that we thought it could be done much more quickly. That is important, because—[Interruption.] The hon. Gentleman says from a sedentary position that we did not object, but actually we did. When the proposal was finally included in the Bill in the other House, my hon. Friend the Member for Epping Forest gracefully accepted that the Government had moved, and it would have been a bit churlish if, having got the stuff on the statute book, she had then started cavilling about it.

We made it very clear at the outset, however, that the proposal should have been in the Bill from the beginning, but it was not, which is why we voted against the Bill by way of a reasoned amendment. The proposal was inserted in the other place only at the eleventh hour. We have been very consistent; we think that the provision should have been introduced some time ago, and the Electoral Commission has been calling for it for the best part of a decade. No one can really accuse us of going at break-neck speed.

[Mrs Laing]

With all due respect, the hon. Member for Edmonton (Mr Love) is wrong about what my party did in opposition. I happened to be speaking for the Opposition on this issue, so I know what we did. What the Minister has said is absolutely correct.

We accepted the last Government’s proposals because they were better than nothing, but we always said that the matter should be dealt with more quickly and that the relevant measures could be implemented more quickly than the last Government wanted. We always said that we would have a view not only to the accuracy but to the comprehensiveness of the register, and that we would proceed at the right pace. The fact that this Government are very much more efficient than the last one in implementing a necessary policy is a matter on which to congratulate the Government and the Minister in particular, not criticise them.

[Mr Harper]

I am grateful to my hon. Friend.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

rose—

[Mr Harper]

I have not yet finished answering my hon. Friend the Member for Epping Forest, but of course I will give way before I ask the Opposition to withdraw their amendments.

On pace, I should say that we have hardly rushed this matter. In September 2010, I made an announcement at this Dispatch Box about our proposals. We then published draft legislation. We have conducted pre-legislative scrutiny, which I think even the hon. Member for Caerphilly admitted has gone at a reasonably leisurely pace. We have hardly been bounding through. Unlike the previous Government, we have not at the drop of a hat introduced Bills that no one had ever seen and then rammed them through the House. We have conducted ourselves in a thoughtful way, and we have hardly been rushing.

[Angela Smith]

In 2009, the hon. Member for Epping Forest (Mrs Laing) said:

“That is one of the reasons why we will not oppose the timetable the Minister has suggested this evening…the Electoral Commission…and others who will be involved in the implementation of the Government’s current plans are concerned that this should not be rushed, but taken step by step to ensure that the integrity of the system is protected—and not only protected, but seen to be protected”—[Official Report, 13 July 2009; Vol. 496, c. 108.]

Will the Minister explain the change in point of view?

[Mr Harper]

There has not been a change in point of view. I did not want to bother the Committee with this again, but I am going to have to now. On Second Reading of the previous legislation in 2009, my right hon. Friend the Member for Horsham (Mr Maude) made it clear that we approved of the decision to proceed with individual registration, but we thought that it could be accomplished earlier. We said at the time that it could be done earlier, and on page 47 of our 2010 manifesto we made a commitment to implement it swiftly. This is not new news.

As I said, when the Bill for which the Labour party was responsible left the House, it contained no provisions about individual electoral registration; they were inserted in the other place. When the Bill came back, it seemed to me that, having got the Government at least to move on that issue, it would have been churlish to have started cavilling about it.

[Mrs Laing]

rose—

[Mr Harper]

On that point, I shall allow my hon. Friend to put the record straight.

--- Later in debate ---

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

I gave the hon. Lady a lot of latitude to correct the record, but she needs to do that only once.

[Mr Harper]

My hon. Friend has corrected the record and put the matter straight. I heard the hon. Member for Penistone and Stocksbridge (Angela Smith) talking from a sedentary position, so let me say that we are working very closely with the Electoral Commission on this matter. It is represented on the programme board, as are the Society of Local Authority Chief Executives and the Association of Electoral Administrators.

[Mr Love]

Will the Minister give way?

[Mr Harper]

No, I will not. I have given way to the hon. Gentleman several times, and I am concluding my remarks.

The Government are responsible for delivering this proposal. It is better that such things be the responsibility of Ministers, who are accountable to Parliament and to Members of Parliament, than to give the responsibility to bodies that, yes, are statutory, but are not really accountable to this House in that way. I urge the hon. Member for Caerphilly to withdraw his amendment and to support clause 1 standing part of the Bill.

--- Later in debate ---

[Mr Harper]

The right hon. Member for Holborn and St Pancras (Frank Dobson) and a number of others raised a point about service personnel. About 75% of our service personnel are registered to vote. I will not be quite as harsh to Labour Members as one or two of my hon. Friends were, because, admittedly, their Government made some progress, on that as on many other issues involved in the Bill. Some of my hon. Friends took every opportunity to harry Labour Members, but they did make progress, although, as was pointed out by my hon. Friend the Member for Epping Forest (Mrs Laing), who has now left the Chamber, they did so only at the last possible moment. At the time of the most recent general election, they made specific arrangements to enable our service personnel stationed in Afghanistan to vote.

One of the problems involves the electoral timetable, which, for general elections, is quite tight. I will not go into that in detail now, because we will deal with it when we reach clause 13, but one of our reasons for wanting to extend the timetable is our wish to ensure that overseas voters, both service personnel and others, have a much more realistic chance of casting a vote themselves, by post, rather than having to rely on appointing a proxy. I think that if they could vote by post and had an opportunity to make their votes count, more of them would feel incentivised to do so. When our troops are deployed overseas in significant locations, we will repeat the exercise that the Labour Government organised for the general election and we organised for the referendum on the alternative vote, and take specific steps to enable our service personnel to participate. Like my hon. Friend the Member for North Cornwall (Dan Rogerson), I am very pleased that we are retaining the first-past-the-post system for the foreseeable future.

[Mr Syms]

Is not one of the good by-products of five-year fixed Parliaments the fact that everyone will know the most likely date of a general election well in advance? That will make electoral registration for central and local government, and the build-up to it, much easier to deal with.

[Mr Harper]

Yes, that will make a difference. My hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) gave some statistics. In the December 2010 register, which followed the most recent general election, 32,000 electors were registered to vote overseas—which, admittedly, is not a huge number in comparison with the 4.3 million cited by my hon. Friend—but by the following year, the figure had fallen to 23,000. It appears that the incentive of the general election is a spur to registration, as it is for domestically residing voters. I think that knowing when an election will take place will help both registration officers and people living overseas.

My hon. Friend referred to the attestation requirements involved in the registration process. I know that they can pose difficulties, especially in countries where there are not many other British citizens. We are trying to establish whether there is anything that we could do. If we need to alter the requirements, we can do so by changing secondary legislation. We are also considering a trial of online registration, which I think could help not just voters living in the United Kingdom, but those living overseas.

That brings me to the point made by my hon. Friend the Member for North Cornwall about communication. The Government are currently trialling—without universal approbation from Members on both sides of the House—a website featuring statements from all the candidates for the police and crime commissioner elections, which will then be promoted by the Electoral Commission and in the material that goes to voters. We may consider a similar procedure for a general election, with an eye on overseas voters.

I should also say to my hon. Friend that overseas voters can vote only in parliamentary elections. That makes their relationship with their local councillors slightly less consequential, but it also means that their votes are not just about who their Member of Parliament will be but about what flows from that, namely who will govern their country—and they are, of course interested in that.

My hon. Friend the Member for The Cotswolds made the important point that most British citizens overseas are working there, winning orders for Britain and working for British companies that bring wealth into this country. It is important for them to have an opportunity to contribute to the decision on who will govern the country.

[Mark Menzies]

The Minister is absolutely right. I have several hundred BAE Systems constituents who are out in the Kingdom of Saudi Arabia, and I want to ensure that they are not disfranchised.

[Mr Harper]

That is a good point. One of the ways in which we can grow our economy is to win orders abroad. My right hon. Friend the Foreign Secretary spoke of those who work hard for many of our companies overseas. That means basing British citizens abroad, sometimes temporarily but often permanently, so that they can work with companies to win orders and install and support equipment, and it is very important for them not to be disfranchised.

[Geoffrey Clifton-Brown]

My hon. Friend has heard the fairly strong opinions held by, at least, Conservative Members. He has said, adeptly, that the attestation requirements could be changed by means of secondary legislation, but he has not said whether they would be changed by that means. Will he give us some idea of the action that he will take following the debate?

[Mr Harper]

My hon. Friend has anticipated my closing remark. As he knows, we have been considering the matter. Along with my officials, I am continuing to think about ways in which we could replace the attestation process with a process involving appropriate levels of security—my hon. Friend’s thoughtful proposals touched on that—and also making it much easier for people to register. I will add my hon. Friend’s well thought through model to my current thinking. I have listened carefully to the thoughts that have been expressed in the House. If we decide to make changes, which I hope to be able to do, the House will have to vote on them in the usual way. I hope that that reassures him.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Schedule 1

Register of electors: alterations and removal

[Mr David]

I beg to move amendment 3, page 16, line 20, at end insert—

‘(6A) The Minister must ensure that a formal appeals process is in place for any person in respect of whose registration a determination has been made under subsection (1).’.

--- Later in debate ---

[Frank Dobson]

Although there is apparently a consensus on moving to individual electoral registration, I declare that I do not subscribe to that consensus. I think I had been in the Commons for about a month when there was a vote on which both Front-Bench teams were agreed on some principle. Bernard Braine, an old Tory MP, said to me, “Come on, let’s vote against, because when both Front Benches are in agreement, somebody is being swindled out of their rights.” There is a real danger that in implementing the general proposal, many people will be swindled out of their rights.

We should bear it in mind that estimates of the number of people currently entitled to be on the register but who are not on the register vary between 3 million and 6 million, but no one queries the fact that at least 3 million of our fellow citizens who are entitled to vote are not at present on the electoral register. We are now contemplating a change that will make it more difficult to register. Logically, it would appear that the 3 million will be added to, rather than reduced. We are also talking about the non-carry-over of many postal votes. The people who are on that list are not exclusively disabled and disadvantaged, but many of those who have a postal vote for several elections, which as far as they are concerned is indefinite, are among the most disabled and disadvantaged. It is difficult to see how we can be complacent about knocking them off the register or the list of postal voters, particularly when there are doubts about the appeal arrangements, as my hon. Friend the Member for Caerphilly (Mr David) said. The Government, on behalf of the House of Commons, need to address those points, because so far that has not been done.

Another point I will make for Tory Members is that their party has always been the best, by miles, at getting people postal votes, so there is every possibility that once in a while it will be quite a lot of Tory voters who lose the right to a postal vote. I urge Government Members, in their own self-interest, to consider whether that is a good or a bad idea.

My hon. Friend the Member for Caerphilly also talked about the application of the new arrangements to the electoral register which will be used for the next round of boundary changes. I must admit that I am opposed to the whole approach to boundaries at the moment. Members used to represent a locality, but in future they will represent an anonymous agglomeration of people and there will be little sense that they represent a particular area. Indeed, we could reasonably start talking about constituency No. 10 or constituency No. 245 rather than the place they allegedly represent, because it will no longer be a place; it will be just a group of people. I think that there is a real danger—in fact, almost a certainty—that the introduction of individual electoral registration will mean that the boundary changes that will be considered after the next general election will be mean a smaller number of voters than were on the register at the previous general election.

Apart from a very limited number of people who are paid to support what is proposed, I have yet to meet anyone who does not admit in private conversation that the likely consequence of introducing individual electoral registration is a reduction in the number of people who are registered. We need to get things in perspective. If between 3 million and 6 million people are entitled to be on the register but are not on it, knocking some people off because there might have been a limited amount of fraud seems to me to be putting the cart before the horse.

[Mr Harper]

I can reassure the right hon. Member for Holborn and St Pancras (Frank Dobson) that he can simultaneously support his party and oppose individual registration, because it says it is in favour of it but then votes against the Bill, so he can have his cake and eat it. To pick up on the central thrust of his remarks, I simply do not accept his proposition on the number of people who will be on the register. In Northern Ireland, where individual electoral registration was introduced, what went wrong—after all, it was introduced by the Government of whom he was a member—was its introduction overnight with no carry-forward process, which caused a number of people who were eligible to be registered to drop off the register. That was recognised and the carry-forward process was reinstituted. We have learned from that. If we look at the status quo, the register is more accurate in Northern Ireland than it is in Great Britain; fewer people who are not entitled to vote are on the register and it is at least as complete as it is in Great Britain. In other words, there are at least as many people who are entitled to vote on the register under individual registration. I am not going to start comparing people who live in different parts of the United Kingdom, but if in Northern Ireland they can manage to register under an individual electoral registration system and have a register that is both as complete and more accurate, it should be perfectly possible for citizens in the rest of the United Kingdom to manage that, too.

[Frank Dobson]

What is the Minister’s source of information on the number of people on the electoral register in England, Scotland and Wales who are not entitled to be on it?

--- Later in debate ---

[Mr Harper]

The information comes from a very good piece of work that we commissioned the Electoral Commission to do, so that we had a clear understanding of the electoral registration system’s starting position before we introduced individual electoral registration. We mean to carry out that piece of work after we have introduced the system so that we can demonstrate that the right hon. Gentleman’s fears are groundless. As I have said, the system is working very well in one part of the United Kingdom, and without all of these problems. We have learnt from Northern Ireland’s transitional experience so that we do not repeat the mistakes—mistakes that were introduced under the Government of whom he was a member. I think that he really exaggerates the fears.

[Graham Jones]

Following the point made by my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson), in the piece of work the Minister says the Electoral Commission has done, how many people were excluded from the register or were not on it? Was it 3 million or 6 million? What was the figure?

[Mr Harper]

I can tell the hon. Gentleman, although I am not pleased to, that the figure was 6 million. I can confirm, therefore, that under the previous Government 3 million people disappeared from the register, so I will take no lectures from the Opposition on that. I am confident that, under the proposals we have set out, we will not see the problems that they have suggested there will be. The brutal truth is that when they were in government they commissioned no research to help them understand the position post-2000 and so they did not know what was going on. Having commissioned that work and had the Electoral Commission carry it out, we now know that the problem actually got worse and the previous Government did nothing about it. We are confident that our proposals are robust, and I will set some of them out and respond to the amendments in a moment. We know that the system works well because it works perfectly well in Northern Ireland and we have learnt from the problems that occurred during the transitional process.

[Mr David]

The Minister says that he is confident about his proposals, but the sure way to test whether his confidence is well placed would be to delay the introduction of the process until the second tranche of pilot schemes have been assessed. Why does he not allow that assessment to take place before deciding, because then he would see whether or not his confidence is well placed?

[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.

[Mr Harper]

There are two points there. I accept that there was a problem and that it took some years to get the register back after that drop, and that is precisely why having learnt from the experience we have put the carry-forward process in place—so that we do not get the drop in the first place. That point is quite right. I will address the hon. Gentleman’s second point directly when I refer to amendments 20, 18 and 19. If he does not think that I have done so, he can come back to it.

On amendment 3, the hon. Member for Scunthorpe (Nic Dakin) talked about the appeals system and asked very perceptively whether the hon. Member for Caerphilly (Mr David)was trying to keep in place the existing system or to put in place a new one. I think that the answer, which the hon. Gentleman obfuscated, is that he is after keeping in place the existing system, and I can confirm that sections 56 and 57 of the Representation of the People Act 1983 already make provision for appeals against the decisions of registration officers in Great Britain, including those to remove people from the register.

Paragraph 17 of schedule 4 to the Bill makes the necessary amendments to ensure that that provision continues to apply under the new system, and I refer hon. Members in particular to the proposed insertion of paragraphs (azd) and (aa) in section 56(1) of the 1983 Act, which would deal with appeals against decisions under proposed section 10ZE.

That sounds very complicated, but basically it means that the existing appeals system will continue as now but under the new system. It is quite complicated and not easy to follow because this Bill amends the 1983 Act, but I hope that, with that reassurance, at least on amendment 3 the hon. Gentleman will not feel the need to press it to a Division.

Electoral fraud came up in the debate, and I now have in front of me the quotation from the Organisation for Security and Co-operation in Europe. Its office for democratic institutions and human rights undertook an election assessment mission report in 2010, on page 11 of which it describes the voter registration system in Great Britain as

“the weakest link of the electoral process due to the absence of safeguards against fictitious registrations.”

So there is a real problem, and about 36% of voters think that there is a real problem with electoral fraud. Indeed, the problem is with not just electoral fraud, but the use of the electoral register, which has been identified as an important stage in identity fraud and financial crime.

[Nick de Bois]

I remind the Minister that I have reported to the House on two occasions, last year and this year, that from a random sample of 100 people who came to my constituency and had no entitlement to vote, more than 20% were found on the electoral roll—for a number of reasons, I concede, which backs up my hon. Friend’s point.

[Mr Harper]

My hon. Friend makes a good point. Let me continue with my point about fraud.

A recent Metropolitan police and national fraud initiative analysis, looking at 29,000 strands of identity data found on forged and counterfeit documents, showed that 45.6% matched electoral registration data, and a lack of any robust verification process is a tool that criminals use for creating fictitious identities to be used not in voting fraud but for financial crime, so we need to deal with that as well.

When police have electoral fraud drawn to their attention, and it is the responsibility of the police given that electoral fraud is a crime, they take such matters seriously. I recently met the Association of Chief Police Officers’ lead on the issue and have discussed it with the Electoral Commission, and, if colleagues think that there is electoral fraud and report it to the police, the police will certainly take it seriously, but colleagues will be expected to stand up the accusations they make and be prepared to swear statements and to enable the police to take action. There is both a perception of a problem and a real problem with, in particular, financial fraud.

In amendments 20, 18 and 19, the hon. Member for Caerphilly sets out his concerns about our proposals. Amendment 20, which would extend the transition to individual registration by extending the carry-forward, focuses only on completeness, not on accuracy, and one problem with his suggestion is that, if we did what he wanted, by the time of the publication of the registers after the 2015 canvass, it might have been almost two years since EROs had actually heard from people—[Interruption.]

[The Temporary Chair (Katy Clark)]

Order. Will Members refrain from chatting and enable the Minister to be heard?

[Mr Harper]

Thank you, Ms Clark.

The danger for the hon. Member for Caerphilly is that, in his proposals, he urges us to deal with completeness, but, if we accept his argument that they would increase completeness, and I am not sure that they would, we find that they may do so at the expense of accuracy. They would leave on the register people who were not likely to be at the address in question any more, because they would not have responded to an electoral registration officer for some time.

[Angela Smith]

If accuracy is more important than completeness, why is the Minister allowing the register to be used for the general election in 2015? If it is good enough for the election, it is good enough for the boundary review.

[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.

[Sheila Gilmore]

Will the Minister give way?

[Mr Harper]

Let me make some progress, because otherwise I will not be able to deal with the amendments that the hon. Member for Caerphilly tabled. I will see how things have moved on at the end.

We have announced that about two thirds of voters will be confirmed automatically, but the hon. Member for West Ham (Lyn Brown), who is no longer in her place, said that the figure will not be uniform throughout the country, and that is quite right—I confirmed it on Second Reading. She also referred to funding, and we propose to deal with the issue by ensuring that better support for funding is available to areas with bigger challenges. In the summer, I will publish our proposals on how we allocate funding in order to receive feedback from electoral registration officers throughout the country so that they feel that the funding mechanism is sufficiently robust.

Amendment 18 and 19 are about the carry-forward of absent votes. If we were undertaking this process is a purist way, we would not bother having the carry-forward at all; we would just have individual registration and then test it out. But we have learned from Northern Ireland, so we are introducing the carry-forward to stop people dropping off the register.

We do not propose to extend the canvass to those who have an absent vote, because there is a risk in the system with absent voters: if registrations are fictitious in the first place, the checks and balances on identifiers for absent votes will not really add any security to the system. If someone can make up an identity, they can make up the identifiers, so we think that there is more risk involved in that process.

To deal with risk, however, we propose, first, to use data matching to undertake confirmation, meaning that two thirds of voters will be moved over automatically on the register, including two thirds on average of those who have an absent vote.

Secondly, as colleagues on both sides of the House will know, people with postal votes have postal identifiers, their date of birth and their signature, which they have to refresh every five years because signatures can change and deteriorate over time. We are therefore going to delay the postal vote identifier refresh in 2014 and bring forward the refresh from 2015, so all electors using postal voting methods whose identifiers are due to be refreshed in those two years will be asked to provide them as well as to register. Those whose entries on the register have automatically been confirmed will be asked to provide their refreshed identifiers when they get their letter. EROs will be communicating to anyone with an absent vote who is invited to register under the new system, to make it quite clear what happens if they do not register. If they do not register, they will be written to again and informed that they have lost their absent vote but given another opportunity. All the steps that we propose will make things very clear and it will be difficult for someone inadvertently to lose their absent vote.

The final point is about disabled voters. As I said on Second Reading, we are also going to look at having an online registration system; moving away from a paper-based system to one in which people can register electronically is a way of getting more disabled people registered.

[Sheila Gilmore]

rose—

[Mr Harper]

I give way to the hon. Lady, who is on the Select Committee.

[Sheila Gilmore]

The Minister stated that concern about carrying forward the postal vote is to do with fictitious people. However, he appears to be happy to carry over other people, who might equally be fictitious. If a fictitious person is on the roll at the moment and carried over, come the general election someone using that identity could go to the polling station and vote; we do not check identity as people vote. If large numbers of people using fictitious identities are trying to vote, they can do that. Why is it thought that there is a greater problem with postal voting, for which at least some additional safeguards are in place?

[Mr Harper]

Those safeguards work only if the person with the postal vote is legitimate in the first place. The postal vote identifiers are very good for checking that the postal vote cast is the one for the person who has registered; there is a good check in that part of the system. That is not helpful, however, if the person who has registered has created a fictitious identity. We know that it is easier for somebody to set up a fictitious identity and cast a postal vote than vote in person using that identity. The hon. Lady seems to be arguing in favour of having ID cards before one votes, but the Government do not plan to introduce those.

I urge the Opposition to withdraw amendment 3 on appeals and not to press their remaining three amendments. The steps that I set out are robust. We are providing proper funding in the system for electoral registration officers to be able to communicate with voters and make sure that the system is sufficiently flexible. In parts of the country where there is a bigger challenge, for whatever reason, EROs will have access to more funding.

[Frank Dobson]

rose—

[Mr Harper]

I probably should not give way to the right hon. Gentleman because it probably will not be worth it, but I shall.

[Frank Dobson]

I thank the Minister for his snotty response. Oddly enough, I was simply seeking information. The Minister confirmed—I am glad that he did—that the current appeals machinery will cover people being knocked off the electoral register. Will that also apply to people being taken off the list of postal voters? If so, will they be informed in time to appeal?

[Mr Harper]

The provision for appeal against the decisions of registration officers are against the decisions of registration officers. If those decisions are made because a rule laid in statute is being followed, the appeal will not get very far. As I said, we will make sure that EROs contact people who are registered with an absent vote a number of times to encourage them to register individually. If they do not register individually, EROs will explain to them on a number of occasions the consequence for their absent vote, so that people are given the opportunity.

One would have to be trying hard to avoid knowing what was going on and avoid registering individually. Part of the reason for the confirmation process is to get the on average two thirds of voters moved to a new system, to enable electoral registration officers to focus on those who do not, to target resources better, to use public money more efficiently and to have a more efficient, complete and accurate register.

I hope that the Opposition will withdraw their amendment and let the schedule stand part.

[Mr David]

I hear what the Minister said about amendment 3 and I am pleased that his reassurances are clear. However, as my right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) said, we are talking about a new system and it might not be possible simply to use the current system for a new system. I urge the Government to keep the issue under review, bearing in mind that, as has been said, more people might want to appeal against an ERO’s decision than have until now.

I am minded not to press amendment 3 to a vote, but we shall press amendments 20 and 18 at the appropriate time. We will leave amendment 19 to one side. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 1 agreed to.

Clause 2

Applications for registration and verification of entitlement etc

--- Later in debate ---

In the context of amendment 4, may I ask the Minister what information and database access electoral registration officers will have to determine whether someone has put down their correct nationality? If someone says they are British, how will EROs be able to check whether that is correct? I am no doubt joining the Minister when I recommend opposing the amendment.

[Mr Harper]

As my hon. Friend the Member for North Cornwall (Dan Rogerson) said, amendment 1 is largely a probing amendment. It concerns an important issue, and as I said to him when we exchanged words on the subject previously, it is of course right that people who are eligible to vote in more than one location because they genuinely reside there should be able to exercise their rights. We do not have any plans to change what elections someone can vote in once they are registered to vote. If they are on the register legitimately, they will be able to vote in those elections.

In the amendment, my hon. Friend probes whether registration officers should be able to ask people whether they are registered to vote elsewhere. I can confirm that the draft secondary legislation that I have published today, which is available in the Library, contains a provision to be made under the powers in clause 2 requiring that an application form for registration must ask for other addresses at which the applicant is resident. That will mean that registration officers can then perform checks to ensure that the applicant is genuinely resident there. It is not about owning property there; it is about being resident there. If they are, they should be able to be registered to vote there in accordance with the law and not otherwise.

We will need to design the paper forms carefully so that we do not make them too complicated and user-unfriendly, and the Electoral Commission will do so. I feel sure that my hon. Friend will be reassured if he examines the draft secondary legislation in the Library. Given that he said amendment 1 was a probing amendment, I hope that he will feel able to withdraw it.

[Mark Reckless]

The Minister may have reassured my hon. Friend the Member for North Cornwall (Dan Rogerson), but the issue that I raised was what happens when someone votes twice. The Minister suggested that ACPO took that seriously, but why does ACPO decide how seriously electoral fraud should be taken, and what can we do to see that there is proper enforcement when illegal behaviour has clearly taken place?

[Mr Harper]

I listened to my hon. Friend very carefully. I obviously do not know the circumstances of the case that he mentioned, but I can give an example of why the police may not have pursued the case beyond simply giving advice. The constituent in question may have voted more than once inadvertently, not understanding the rules. I do not know what the circumstances were, but that is entirely possible. For example, after the last election I received several letters from colleagues writing on behalf of constituents who were not British nationals or Commonwealth citizens, so were not legitimately able to participate in our general election but who had been erroneously registered as such. They had found that the electoral registration officer had been a bit more diligent and had suddenly told them that they could not vote in our general elections. They were writing because they were outraged, and one did not like to put it to them that they had actually been breaking the law for the past few years in casting a vote. If those cases were raised with the police, they might consider that the law had been broken, but they might also consider that the appropriate mechanism would be to explain matters to the person rather than pursue them.

If my hon. Friend has in mind a specific case, I suggest that he speak to the Crown Prosecution Service and ask why it did not pursue the case. There are two tests of course, one being an evidential one and the other whether a prosecution is in the public interest. I suggest that in this specific case it may be worth his doing that. If he does not get anywhere with the police or the CPS, I would be obliged if he would get back to me and I would be happy to take it up for him.

Amendment 4 would require details of the information that we would require to be put in the Bill. That would not be helpful for two reasons. First, the draft legislation that I published earlier today sets out the requirements and the information that individuals will need to provide. It is worth saying that although regulations are made by Ministers, all the regulations under this Bill are affirmative and will have to be debated and voted for by both Houses of Parliament. It is not a power only for Ministers—there is parliamentary control over it. We will ask for that information as set out in the draft legislation.

Secondly, as well as being unnecessary, the amendment would be unhelpful. Putting the details on the face of the legislation would make it difficult to change if it became preferable to use different evidence in the future. Although we expect the national insurance number and date of birth to be the standard information for the vast majority of the population, we have said that if there are people—it will be only a small number—who do not have an NI number, it should be possible for them to provide alternative evidence so that they may register to vote. Given that the hon. Member for Caerphilly (Mr David) wants to be assured that no eligible elector would be disfranchised, putting the specific details in the Bill and not allowing any exceptions would be unhelpful.

[Mr David]

I note what the Minister says about certain exceptional circumstances in which an NI number cannot be provided, when additional evidence will be required. Will he give us an example of the form that such evidence might take?

[Mr Harper]

An example might be if someone did not have an NI number but had other evidence of identity. A citizen from another Commonwealth country who had never worked or claimed benefits in the UK, and did not have an NI number, might be able to use their passport. It is about providing a range of evidence that fulfils the accuracy test so that we can be confident about someone’s identity in that small number of cases in which people are not able to provide NI numbers. When the hon. Gentleman looks at the draft secondary legislation, he will see that it sets out that information in detail.

The hon. Gentleman read out the information in the privacy impact assessment, and my hon. Friend the Member for Enfield North (Nick de Bois) also picked up that point. The first piece of information will obviously have been provided already. It is worth saying that none of the extra information requested will be published or added to the electoral register. It will be used to confirm someone’s eligibility to vote—for example, the reason for asking for immigration status if someone is not a British or EU citizen is that Commonwealth citizens are eligible to vote in our elections only if they do not need, or have, leave to remain. At the moment, it is not clear in many of the forms that people have to fill in that that information is required, which may be one reason why people vote genuinely not understanding that they are not entitled to do so.

Nor is immigration status checked on any systematic basis. It is checked in Northern Ireland, where it is one of the checks that the electoral officer does. In answer to my hon. Friend, we are working with the Border Agency to se whether—in a scalable way, given that Northern Ireland has a much smaller population—that information can be checked systematically so that only those people eligible to vote can go on the electoral register. I know that will reassure him and others.

For the sake of completeness, the reason for asking people about their previous address—some electoral registration officers already ask for this—is so that we can ensure that we clean up duplicate registrations. If someone moves, the new electoral registration officer will ask where they previously lived and can then inform the previous electoral registration officer so that the person can be deleted from the old register. That sometimes happens now, but it is not done systematically. We received feedback during pre-legislative scrutiny that it would be good to ensure that we no longer had lots of duplicate registrations. It was one of the arguments made for a national register. We did not like that idea because we did not want to create a national database, but this is a way to deal with the problem without creating such a database.

[Mr David]

I do not want to trespass into the next debate, but on the specific issue of students, presumably there will be a way to ensure that they are not captured by that provision.

[Mr Harper]

Yes. This is about people who have moved. People who legitimately reside in more than one place, which may well include students, are entitled to be registered in either or both of those places. It is up to them to choose. As I said to my hon. Friend the Member for North Cornwall, we will also ask people if there are other locations where they reside and where they are registered or intend to be registered. That will not drive anyone away, but will help electoral registration officers to make sure that the register is more accurate.

I hope that with those assurances my hon. Friend will feel able to withdraw his amendment.

[Dan Rogerson]

I am delighted to hear what the Minister has to say and it was remiss of me not to have checked in the Library before I spoke. I am grateful to him for his remarks and for how he has listened over the past couple of years to me and my constituent Mr Angus Lamond, with whom he has corresponded on several occasions. My constituent was an independent council candidate in the elections and was incensed because he felt that second-home voters were being targeted and mobilised in some way. I am delighted that the Government are taking this issue seriously and dealing with it proportionately. I look forward to seeing the proposals that the Minister has put in the Library today come into effect, and I beg to seek leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Mr David]

I just have a query on my amendment. The Minister was slightly cavalier in comparing primary legislation, and matters on the face of the Bill, with secondary legislation. Yes, both have to go through the House as part of the parliamentary process, but there is a world of difference. I would not like to think that the Minister was undervaluing primary legislation.

[Mr Harper]

I do not undervalue primary legislation. Indeed, it is because I recognise that the Bill contains significant secondary legislative powers that we have published the first tranche in draft today, and I have committed to doing so while the Bill is still in this House. It is important that colleagues on both sides are able to look at what we are intending to use those powers for and what we are intending to bring forward for approval. It is not sensible, however, to put all that detail in the Bill, because it would mean that every time we wanted to change something we would have to produce a Bill and take it through all its processes. On these important issues, it is right to have affirmative legislation so that it has to be debated and voted on in both Houses of Parliament. That gets the balance right between proper parliamentary control and the flexibility to change with changing times.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Schedule 2

Sharing and checking information etc

--- Later in debate ---

I will not detain the Committee any longer. There is a great deal of business to get through, and I look forward to the Minister’s response.

[Mr Harper]

A number of points have been raised; let me go through them.

First, I shall respond to the hon. Lady’s questions about the IT service. Part of the point of developing the pilots, and particularly the set that we will be discussing in the delegated legislation Committee tomorrow—I do not know whether I shall have the pleasure of seeing the hon. Members for Penistone and Stocksbridge (Angela Smith) or for Caerphilly (Mr David) there—is to ensure, as I think I mentioned, that they are scalable. One of the things that came through in the original pilots was that they are quite resource-intensive. One of the things that we want to look at, in seeing how some of this data capture will work, is ensuring that the process is scalable. The final shape of how the IT service will operate is something that we will work on over the next period, although the service will definitely not be a quango, because, apart from anything else, we deliberately do not have the power to create quangos in this Bill. The final shape is yet to be decided, but we are not going to create another unaccountable non-governmental organisation that nobody will have any control over.

The hon. Lady’s amendments fall into two groups. Amendment 5 deals with local authorities, a point that divides into two parts. In two-tier areas, the ERO already has the ability to look at all the data that the local authority they were appointed by possesses. He or she can therefore look at council tax data and housing benefit data. The gap arises in two-tier areas where the ERO currently does not have the ability to look at the data held by the higher-tier authority. One of the things we will do—not in the pilots that we will debate tomorrow, but in a further set of pilots—is look specifically at how effective the sharing of data is between those tiers of local authorities. If the pilots show that it is effective, we would propose to enable it for local authorities through secondary legislation—that is, if it works, we enable it.

However, the specific pieces of data that the hon. Lady mentioned, such as council tax—I think she also mentioned housing benefit—are already available to the ERO. Interestingly, not all of them use those data to the extent that they are able to, but they absolutely have access to it. Clearly, it is more sensible to use those data, because they map quite considerably across the population and there is access to them. In fact, one of the factors determining registration is people moving. When people move, they generally get registered for council tax purposes. If the EROs are doing their job properly, they will use those data to ensure that their register is up to date.

The situation is slightly different in other circumstances, however. The hon. Lady mentioned further and higher education institutions. Under regulation 23 of the Representation of the People (England and Wales) Regulations 2001, registration officers already have the power to

“require any person to give information required for the purposes of that officer’s duties”.

They can, and do, use that power to require FE and HE institutions to provide such information. That is the legal basis on which it is provided to EROs by, for example, universities with student accommodation. Otherwise, the institutions would not have a legal basis on which to disclose it. So that amendment is unnecessary, as the power already exists.

The hon. Lady asked what we were doing specifically about students. We are working with groups that represent students, such as the National Union of Students. From memory, I think that I have a meeting in my diary this week to discuss this issue with the relevant NUS officer, who has written to me about it. We are also working with organisations that interact with students, such as the Student Loans Company, to look at ways of using the information to ensure that students are given every opportunity, and that it is made as easy as possible for them, to register to vote. It is worth remembering that the existing block registration applies only to university students in halls of residence. It does not apply to those living outside the halls, and the situation will obviously vary across universities. We are absolutely taking this issue seriously.

The question of sheltered accommodation has been raised by a number of organisations. EROs already have the power to require the managers of sheltered accommodation to provide the relevant information to them. Their duty then obliges them, once they have the information, to write to those people. We are also working with organisations that represent people who live in sheltered accommodation, to look at ways of simplifying the process and making it more straightforward. This information will be considered in our second round of data-matching pilots.

The hon. Lady’s final point related to private landlords. I do not think that her proposal adds a great deal, however. The main reason that those in private rented accommodation are less likely to be registered is not directly related to their being private tenants; it is related to the fact that they move more often.

[Angela Smith]

That is what I said.

[Mr Harper]

Yes, I know that the hon. Lady said that, but it is because they are likely to move more often that they are also likely to miss the annual canvass. She will know that relatively few people use rolling registration to register to vote. Also, asking those landlords to provide an annual update—assuming that local authorities had a full list of all their private landlords—would have exactly the same flaws as the annual canvass. It would be unlikely to add anything to the process, except a lot of bureaucracy.

The hon. Lady referred to the barriers to registration. The work that we are doing with under-represented groups in that regard is well under way, and I will be in a position to publish it before the summer recess. What we really want to do is develop some of these proposals with evidence. We want to look at the barriers that prevent the various groups from registering. We know who the groups are, from the quantitative research carried out by the Electoral Commission, but our qualitative research, which will tell us why they are not registered, will be ready in the not-too-distant future. At that point, we will be able to consider how to tackle those barriers in a systematic and co-ordinated way.

I hope, therefore, that the hon. Lady will see that the necessary legal powers for electoral registration officers in all those circumstances are already available. We are doing the research, which will be published before the summer recess, and we are already working with most of the organisations that work with the under-registered groups. To be fair, she acknowledged that. On that basis, I urge her to withdraw the amendment.

[Angela Smith]

I thank the Minister for his response. I acknowledge that any scheme to enable data-sharing—particularly when those data are sensitive—will be IT-based, but I have never yet heard of an IT system that works without having the necessary people to put in the data in the first place. The Minister did not give a response about the cost, or about the commitment to funding the scheme properly to ensure that the service runs smoothly and without unnecessary delays. That is the key point, but he did not respond to it. If data sharing is to be used to verify applications in this way, we need to ensure that it does not lead to unnecessary delays, particularly in the run-up to the general election in 2015.

[Mr Harper]

The hon. Lady is quite right; I did not respond to that point. I had written down all her other points, but I simply omitted to mention that one. The transition to IER is fully funded by the Treasury for this comprehensive spending review period; we are confident about that. We did not inherit a budget for this, incidentally; this was a budget that we had to put in place. I am confident that that is covered and that there are not going to be any issues relating to it. As I said, part of our work in the data-matching pilots involves ensuring that the project is scalable and that it works. We are conscious that, particularly when there is high demand for registration in the run-up to an election, we need to ensure that it all works. One element that will help EROs, particularly at high turn-out elections, is the fact that we know when the next general election is going to be, so it will not be sprung on them at short notice. That should help them with their planning and preparation.

[Angela Smith]

I thank the Minister for that very full response. I think that there was also an acknowledgment that the Government are relying on the data-testing pilots to ensure that the system runs properly. There is also, however, a refusal on the Government’s part to acknowledge the need to complete that testing work before we stop using the carry-over data for the boundary review in December 2015. There is therefore a potential problem, as we discussed earlier, in relation to the amendments. I am sure that we will come back to that matter.

On amendment 5, I entirely take the Minister’s point about the two-tier authorities; he is absolutely right. Nevertheless, he will be well aware that a large number of authorities are now unitary or metropolitan authorities. I said that a degree of data-sharing was already taking place internally within local authorities, but it remains the case that not all EROs are making use of that facility or using those data effectively to raise levels of completeness in their electoral registers. The amendment is about placing an obligation on EROs to use those data to make life easier not only for people wishing to register but for the EROs themselves in the long run.

On amendment 9, the Minister made the point that the power already exists to require higher and further education institutions to supply the relevant information to EROs. Again, that power is not necessarily being used. Now that we are introducing a radical new way of registering people to vote—namely, individual registration —it is even more important that that power should be properly used. We shall not therefore allow that amendment to lapse; we will seek to press it later.

As for the amendments relating to sheltered housing and private landlords, we believe that amendment 9, which deals with the provisions for universities, is a test of the Committee’s feeling on this key point about the sensible and common-sense sharing of data and the placing of obligations directly in the Bill to maximise the use of data-sharing practice without requiring complicated IT provisions or the verifications of the more sensitive data referred to in the schedule.

Opposition Members are receptive to the Minister’s point about barriers. Our deepest concern is that we might end up with an electoral registration system that effectively discourages and discriminates against those parts of the population that are the least likely to register. That is a great concern to us. That is why we believe we need a belt and braces approach to maximising registration and that that approach should be placed as much as possible on the face of the Bill.

--- Later in debate ---

[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

[Angela Smith]

I beg to move amendment 6, page 3, line 39, leave out from ‘canvass’ to end of line and insert—

‘(1A) The annual canvass must be held during the month of October every year in relation to the area for which the officer acts.’.