Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and Matthew Offord

Thursday 29th November 2018 Commons Chamber

[Dr Matthew Offord (Hendon) (Con)]

I have the utmost respect for the Attorney General, but does the Solicitor General agree that if we went to Chancery Lane we could get another opinion that would completely contradict his own remarks?

[The Solicitor General]

My hon. Friend knows that the documentation—the withdrawal agreement and the future relationship document—is all out there in the ether for the public and for informed and, shall I say, less well informed commentators to make observations about. There is a plethora of opinion, some of it legal, out there, and my hon. Friend makes that point very well.

Electoral Registration and Administration Bill

Debate between Robert Buckland and Matthew Offord

Monday 25th June 2012 Commons Chamber

[Dr Offord]

It will be through the canvass. I hope, as I continue with my speech, that it will become clearer to the hon. Gentleman and the Minister what I seek to achieve by tabling the amendment.

The introduction of individual registration allows blind and disabled electors to specify at registration the format in which they wish to receive the information, including Braille, tape, large print, easy read, and so on. That would mean that a blind elector could specify when registering to vote that they would need to receive a polling card in a Braille or other format, or that they would require an audio postal vote application form. Allowing individuals to specify what format they need enables EROs to plan more effectively and meet the needs of a variety of disabled people who all encounter different barriers. Gathering data on voters’ preferred formats would enable EROs to send forms and information in that appropriate format and avoid having to make assumptions about voters’ needs. For instance, while Braille is used by some blind people, other formats may be just as important for blind and partially sighted people, including large print.

The registration form could also capture requirements to enable physical access to the polling station or for the support that voters may need in casting a vote. Provided that such information is shared with a returning officer, it could be used to ensure that those needs are met in the run-up to polling day and on polling day itself. It should be obvious, for instance, which voters may need a large print ballot paper and how many copies need to be provided at one or other polling station.

Recording information on access needs could not only be used to inform planning by electoral administrators, but is consistent with the Government’s goals in introducing individual registration to encourage individuals to take responsibility for registering themselves to vote. It should also be up to an individual to specify what alternative format they prefer. It is well known that the transition to IER is taking place in a climate of significant pressures on electoral budgets. Providing alternative formats involves some cost, but it is important to recognise that such a provision would not place any additional duties on EROs other than those they already have. Rather than increasing costs, such a measure would allow existing resources to be used more effectively.

I have tabled the amendment to support the recommendation made by the Electoral Commission for a scheme to be piloted that would involve EROs asking for individual access needs of electors at the point of registration. Piloting that would provide valuable guidance to EROs on the most suitable system for maintaining registration forms and their associated access needs records, as well as allow the Government to assess the merits for such a provision to be rolled out.

I hope that the Minister decides to accept the amendment, because I remain unaware of the validity of any claim that under the current legislation the Government already have sufficient powers to introduce the pilot—a view supported by the Electoral Commission and disability groups such as Scope, which have already impressed it on the Government. However, if it is asserted that that power already exists in other legislation, I can tell the Minister that the amendment would specifically ensure that the registration process itself is used to identify and meet access needs. No other legislation provides for the registration process to be used for that purpose. Given that, I believe the registration process to be the most effective mechanism for achieving both improvements for disabled people and benefits for electoral staff.

[Mr Robert Buckland (South Swindon) (Con)]

I commend my hon. Friend for tabling the amendment and wish that I had had time to sign it, because I am with him entirely—in spirit if not on the Order Paper. Is not the function of this probing amendment, as he says, to identify the need to husband our existing resources far more effectively, rather than taking a more scatter-gun approach that will not address the fundamental needs of disabled people?

[Dr Offord]

I am grateful to my hon. Friend for his intervention. He is entirely right. This will be an opportunity to define what people need so that we can ensure that EROs’ resources are used most effectively and that the electoral registration process is suitable for blind and partially sighted people.

It may be asserted that such a provision already exists in the Bill, under the power to make regulations in clause 2. That will give the Secretary of State the power to prescribe the type of evidence that a person must provide to establish eligibility to register to vote. The Government could argue that that includes a power to ensure that access needs are recorded at registration, but I believe that the clause is limited to prescribing evidence that is needed to establish eligibility and therefore cannot be used to achieve the same purpose as my amendment.

I believe that the Minister is a considerate man. If he chooses not to accept the amendment, will he please explain where he believes the power currently lies for the Government to carry out a pilot scheme in order to provide assurances about how information, forms and notices relating to the electoral process in alternative forms will be provided to blind and disabled people at future elections, and will he indicate when that will be achieved?