HL Deb 23 July 2001 vol 626 cc1791-5

10.5 p.m.

Lord Falconer of Thoroton rose to move, That the draft regulations laid before the House on 5th July be approved [2nd Report from the Joint Committee].

The noble and learned Lord said: My Lords, with permission, I shall speak also to similar regulations for Scotland and for Northern Ireland. There are some minor differences between the three sets of regulations reflecting differing electoral provisions in those parts of the Kingdom, but their effects are the same. These relatively simple regulations should not detain us long. Their purpose is perfectly plain, but I shall also explain the background to why we are discussing these regulations rather than other more comprehensive regulations about the sale and supply of the electoral register.

These regulations are made under Sections 10(4) and 201(3) of the Representation of the People Act 1983. They specify a form to be used for the annual canvass of electors that each electoral registration officer is obliged by Section 10 to conduct in his area. Electoral registration officers can use that form or one to the same effect to carry out their canvass, which takes place each year by reference to the date 15th October. The form specified is the same as the form that was previously prescribed for that purpose, except for one or two minor modifications that make it clearer or reflect changes in the law.

We need to prescribe a form this year in particular because the previous form was repealed. It had been prescribed in the Representation of the People Regulations 1986, most of which were repealed when the new 2001 regulations were introduced in February this year. Those regulations implemented a large part of the Representation of the People Act 2000, but there were some outstanding regulations still to be made to bring Section 9 into force. We had intended to introduce those regulations at this time, but, for reasons that I shall explain in a moment, we do not now intend to do so. Those regulation would have contained a new registration form that would have allowed electors to tick an opt-out box to ensure that their details did not appear on an edited register—the only one available for unrestricted sale under the proposed new regulations.

The background to the issue lies in the European Data Protection Directive and our own Data Protection Acts. One of the fundamental principles of data protection is that data collected for one purpose should not be used for another without the consent of the data subject.

Section 9 of the Representation of the People Act 2000 gives effect to that principle by providing for an opt-out box on the registration form and for two registers—an edited one and a full one—so that electors can say whether they are content for their details to be used for purposes other than electoral ones. Regulations are needed to bring that section into force.

Since the Act was passed in March 2000, officials and previous Home Office Ministers, who until now have been responsible for the regulations, have been engaged in extensive consultations. The aim has been to find a way to make regulations that protect the personal data contained in the register while at the same time preserving the ability of law enforcers, commerce and government to carry on their legitimate and vital business. That is not an easy balance to strike. There are conflicting interests and strong differences of opinion.

When we published our draft regulations earlier this year, we received comments from a wide range of interests. The consultation shows that there remain fundamental divisions and widespread concerns over the regulations. In the light of those responses to the consultation and after receiving advice from the Electoral Commission, we decided not to proceed with the draft regulations. Instead, we intend to consult further to see whether we can resolve some of the difficulties.

The aim will be to lay a further draft before Parliament in the autumn or winter. That will mean that the introduction of the opt-out box on the registration form and the publication of the register in two forms—a full one and an edited one—will be delayed until next year. That is regrettable, but I have no doubt that it is preferable if it ensures that we introduce the new arrangements in an orderly and well planned way.

I know that some noble Lords were concerned about the timing of the regulations and felt that what was planned was being rushed. I hope that the decision meets their concerns. I stress that we have not in any way given up on our commitment to put in place measures that will protect the personal data collected from electors for electoral purposes. Further draft regulations will be produced in due course. In the mean time, we are obliged to give electoral registration officers the means to carry out their annual canvass this year by prescribing a form for them to use. The regulations do that. In effect, they restore the status quo so that the annual canvass of electors can proceed as usual this autumn. I beg to move.

Moved, That the draft regulations laid before the House on 5th July be approved. [2nd Report from the Joint Committee].—(Lord Falconer of Thoroton.)

Lord Glentoran

My Lords, having listened carefully to the noble and learned Lord, I believe that the Government find themselves in somewhat of a mess in relation to these affairs. If I remember rightly, when the Bill passed through this House, we pressed the Government on a number of matters which were discarded. I suspect that those issues are now arising and becoming real on Ministers' desks. However, as do others, we welcome anything which will help to increase the number of people who vote. No one can be happy that a government can gain such a large majority with the support of only 25 per cent of the electorate.

I want to raise two small points, although they may be larger than I suspect. In looking at the regulations, we can see no provision for householders to be asked whether someone is a Peer of Parliament. Having no vote in parliamentary elections, do we not need to be marked appropriately on the electoral roll? If we read it correctly, the form also implies that EU citizens resident here cannot vote in elections for the European Parliament but only in those for local government. Can the Minister explain that position? Outwith those questions, we shall support the regulations tonight.

Lord Goodhart

My Lords, I, too, feel concern in relation to this matter. I want to raise two relatively minor points about the form of the regulations. One, concerning local government electors, has just been made by the noble Lord, Lord Glentoran. I understand that it may be technically correct to say that the franchise for European elections may be provided by reference to local government electors. However, that is clearly unsatisfactory because it fails to make it clear to citizens of other member states of the European Union that they have a right to vote not only in local government elections but in European elections and, indeed, in elections for the Welsh Assembly, the Scottish Parliament and the Northern Ireland Assembly. It is clear that in its current state the form is misleading and that it should provide further explanation of the elections in which resident citizens of other member states are entitled to vote.

My second point is that, for the first time, the Representation of the People Act provided for the registration of homeless persons. The form appears to be wholly inappropriate to be filled in by people who are homeless. They must be canvassed in some other way. I wonder what plans, if any, the Government have for doing so.

However, the most important issue by far is the question of access to the register. I remember that I participated in some substantial debates on that matter during discussion of the Representation of the People Act. It was accepted that, for the purposes of campaigning, political parties would have access to the full register. However, it was also clear that, save for very limited and specific purposes, there should be no general access for commercial or other non-political purposes to an unedited version of the register.

I believe that this is a matter of considerable importance. People certainly expect that their names and addresses will not be made available to the general public or businesses at large. The issue has become much more important in the past two years now that it is possible to buy the whole electoral register of the United Kingdom on CD.

It is very important for the Government to proceed with the proposal. I am unhappy about the fact that we are now going to face another year in which the electoral register will not be edited when being made available for general commercial purposes, apart from the very limited circumstances in which it was agreed that it was legitimate to make it available. We are, I am afraid, unhappy about the fact that the proposal will be delayed for a further year but we hope that the Government will come forward as soon as possible with a final version of the regulations relating to the canvass of electors. That will enable us to proceed to an edited version of the register.

The Earl of Mar and Kellie

My Lords, further to the point made by the noble Lord, Lord Glentoran, it is important to record the fact that one is a Member of this House. I was issued with a voting card, which is wrong, although I did not use it. It would not be difficult to provide such information on the canvass form. That also had a microscopic effect on the turnout.

Lord Falconer of Thoroton

My Lords, I am grateful to those noble Lords who supported the order. I shall begin with the point made by the noble Lord, Lord Glentoran, and by the noble Earl, Lord Mar and Kellie. The form has a box that states: Mr. Mrs. Ms. Miss, etc.". One could add the word "Lord", if one is a noble Lord. I can think of nobody more to be trusted to record the fact that they are Members of this House than Members of this House.

Lord Goodhart

My Lords, with all respect to the noble and learned Lord, surely he realises that there are now very large numbers of Peers who are entitled to vote in parliamentary elections.

Lord Falconer of Thoroton

Indeed, my Lords. I should have thought that those very people would be able to indicate that they are able to vote. We are dealing in this context with a moderately informed electorate. Although this point is of great interest to Members of this House it does not give rise to any real difficulty.

There are no European elections until 2003 and no Welsh elections until 2004—

Lord Goodhart

My Lords—

Lord Falconer of Thoroton

My Lords, perhaps the noble Lord would hold on until I have finished my answer, after which he can give me a going over in relation to it.

The provisions are intended to apply for only one year. It is intended that there should be a canvass for 2002.

Lord Goodhart

My Lords, I am very sorry to interrupt the noble and learned Lord again. He said that no European elections were due until 2003, but there could perfectly well be a by-election for the European Parliament.

Lord Falconer of Thoroton

My Lords, the schedule refers to: "Your right to vote", and it states: You can vote in elections only if your name appears in the register of electors", but there is no specificity in relation to that.

On homelessness, the homeless can register in the locality in which they spend most of their time. That has been the position since February of this year.

The noble Lord, Lord Goodhart, rightly raised some very important points about access to the register. I did not in any way seek to underplay that in my earlier contribution. We consulted fully on this matter. Quite a number of issues need to be resolved. We are in effect rolling over the status quo for another year, which seems to us to be far and away the most sensible thing to do and better than rushing to a conclusion this year. In that respect we have the support of the Electoral Commission. As I said, we hope to bring forward in the autumn or winter of this year an electoral canvass form for 2002, which will deal with and resolve those important issues. I hope that the noble Lord feels comforted by my remarks.

Lord Glentoran

My Lords, before the Minister concludes, I point out that it is highly likely that there will be an election in Northern Ireland within the next six months.

Lord Falconer of Thoroton

My Lords, the form of canvass, which appears in the schedule, states: You can vote in elections only if your name appears in the register of electors". On Question, Motion agreed to.