HL Deb 25 February 2002 vol 631 cc1254-66

4.46 p.m.

Report received.

Clause 1 [Registration: provision of signature and date of birth]:

Lord Williams of Mostyn moved Amendment No. 1:

Page 1, line 11. at end insert "and (c) in relation to each such person—
  1. (i) his national insurance number or a statement that he does not have one,
  2. (ii) a statement of whether or not he has been resident in Northern Ireland for the whole of the three-month period ending on the 15th October in the year in question, and
  3. (iii) any address in the United kingdom in respect of which he is or has applied to be registered (other than the address in respect of which the form is completed)."

The noble and learned Lord said: My Lords, there is a significant number of government amendments in this first group; namely, Amendments Nos. I to 6, 10, 12 and 16 to 19. I put these amendments compendiously, and they have been agreed in this grouping. I believe I can reasonably say that such amendments are the result of assurances that I gave in response to points raised by noble Lords on earlier occasions. I have been in correspondence with a number of your Lordships on these matters.

I shall briefly outline the purpose of the amendments. Amendments Nos. 1, 2 and 6 will require a person applying to be registered in respect of a Northern Ireland address to give a national insurance number, or to make a statement that he does not have such a number. The applicant will also be required to make a statement that he or she has been resident in Northern Ireland for the requisite three-month period before the date of application, and to state any other address in the United Kingdom in respect of which he or she is, or has applied to be, registered. Those particular points of detail were raised by the noble Lord, Lord Glentoran, and other noble Lords. It took some time to produce an appropriate draft. That is why we are dealing with these matters on Report, rather than doing so previously in Committee. I wrote to noble Lords in that respect.

Amendment No. 4 puts new subsection (5A) into Section 10A of the Representation of the People Act 1983. It adds to the provisions contained in that section regarding the circumstances in which the chief electoral officer must, or may, remove a person's name from the register. A person's name will be removed in respect of any address if he returns an application for registration in respect of that address without any of the required information specified in the Bill. For example, if an application does not have the signature of each of the persons to whom the application relates, if it lacks mention of the date of birth, if it fails to specify a national insurance number or omits the statement that there is no such number, the person's name will be removed. I hope that the provisions in Amendment No. 4 meet the anxieties and questions raised during earlier stages of the Bill. As can clearly be seen, Amendments Nos. 3 and 5 are essentially consequential.

Amendment No. 10 amends Section 6(1) of the Representation of the People Act 1985, which specifies requirements where an elector applies for an absent vote at elections for an indefinite period. An application can be granted only if it states the applicant's national insurance number, or states that the applicant does not have one, and if the chief electoral officer is satisfied that the number or statement on the application corresponds with the number or statement that the applicant gave on application for registration. Amendment No. 12 is a similar amendment to Section 7(1) of the 1985 Act.

Amendment No. 16 produces a new clause to amend Schedule 2 to the Representation of the People Act 1983, provisions which may be contained in regulations to registration. It provides for the disclosure by the authority responsible for national insurance numbers to the chief electoral officer following a request by him of the national insurance number recorded in respect of a specified individual or of the fact that the individual is not recorded as having such a number. The chief electoral officer will be able to cross check other information.

Amendment No. 17 makes it an offence to provide false information. Amendment No. 18 amends the Long Title to include a reference to national insurance numbers. Amendment No. 19 amends the Long Title to include a reference to the fact that a person will be required to supply, on application to the register, information relating to their period of residence in Northern Ireland and appropriate addresses.

Amendment No. 8 inserts a new clause which would require electors to indicate at registration if they were registered at any other address. Any person knowingly giving false information will be liable to criminal prosecution.

I am genuinely grateful for the way in which these matters of national insurance numbers have been approached. I did say that I would go away with an open mind to see whether, consistent with the spirit of what we all wanted, we could deliver the appropriate changes. I simply want to say how hard the officials and the draftsmen in the Northern Ireland Office have worked to produce what I hope is a satisfactory answer. I beg to move.

Lord Glentoran

My Lords, I thank the noble and learned Lord for that very clear and swift outline of this group of amendments concerning the use of national insurance numbers. I also take this opportunity to thank him and his staff for the work that they have done. I know from conversations with the noble and learned Lord outside the Chamber that there has been a considerable amount of work and rethinking in order to have the amendment drafted as it is. It is extremely comprehensive. From my reading of it and that of my helpers, which was several times over, I believe that it covers the necessary areas very neatly and thoroughly.

Lord Maginnis of Drumglass

My Lords, 1 concur with what the noble Lord, Lord Glentoran, has just said. The Minister has been most helpful. He wrote to me, as promised, on the point that I raised. I am particularly pleased that national insurance numbers have now been included as a means of identification of those registering to vote. I draw attention to the fact that the three-month period of residence for someone coming from outside Northern Ireland is now very firmly on the face of the Bill. That will prevent considerable abuse of the electoral process in Northern Ireland.

It is perhaps ironic that within about a week of my raising that particular matter of voters coming from the Irish Republic and registering in Northern Ireland in order to pervert the electoral system there, I saw voters in the Irish Republic causing a row about the fact that it was now happening the other way and that Sinn Fein voters in Northern Ireland were registering in the south in the hope of perverting the electoral process there. It has particular significance in the Irish Republic and as regards the next election. But that is not our business.

In debate it often suddenly occurs to one that perhaps one could have done better in amending the legislation. One thought occurs to me and perhaps the noble and learned Lord will give me some reassurance on it. In the past we have seen a reluctance at times to enforce the law and punishments for those who break the law. I have a strange feeling that this legislation will be tested at every turn by those who want to pervert the electoral process in Northern Ireland. I would be grateful if the noble and learned Lord could reassure me that there will be an immediate and stringent imposition of the penalties included in the Bill. In fact, the thought that occurred to me was that it would have been helpful if we had had some arbitrary penalty to be imposed like a traffic warden imposing a penalty for illegal parking. The chief electoral officer could then immediately impose a penalty if he found that there was widespreadtesting—that is what it will be—of the effectiveness of this legislation.

Lord Shutt of Greetland

My Lords, I thank the noble and learned Lord for this raft of amendments, which appear to take into account the concerns expressed on these Benches as regards national insurance numbers. Therefore, I am very pleased indeed to see these amendments put forward by the Government.

Lord Williams of Mostyn

My Lords, I am very grateful. I shall deal very quickly with the points made by the noble Lord, Lord Maginnis. I believe that the real answer on which he and I would agree is that if there is any form of electoral malpractice the key appears to me to be prompt complaint, early prosecution and appropriate sentencing. I do not agree with him about parking wardens. I have recently received a ticket. I wrote to complain, saying that I had committed no offence. Amazingly and perhaps uniquely, the parking authorities replied that for once I was right.

Lord Glentoran

My Lords, perhaps I may raise one query. In his opening remarks the noble and learned Lord mentioned Amendment No. 8, which stands in my name. I do not believe that it is necessary. I am not sure whether the Government want it moved or not.

Lord Williams of Mostyn

My Lords, I believe that the noble Lord is quite right. Amendment No. 8 is not necessary. I simply referred to it as being included in the grouping. I am grateful for that clarification.

Lord Williams of Mostyn moved Amendments Nos. 2 to 6:

Page 2, line 6, at end insert "and (c) in relation to each such person—
  1. (i) his national insurance number or a statement that he does not have one,
  2. (ii) a statement of whether or not he has been resident in Northern Ireland for the whole of the three-month period ending on the date of the application, and
  3. (iii) any other address in the United Kingdom in respect of which he is or has applied to be registered,"
 Page 2, line 15, at end insert— "( ) in subsection (5), at the beginning there is inserted "Subject to subsection (5A) below," Page 2, leave out lines 17 to 21 and insert— "(5A) A person's name is to be removed from the register in respect of any address if—
  1. (a) the form mentioned in section 10(4) above in respect of that address does not include all the information relating to him required by virtue of section 10(4A) above; or
  2. (b) the registration officer determines that he is not satisfied with the information relating to that person which was included in that form pursuant to that requirement.","
 Page 2, line 22, leave out ""(5)" there is inserted "or (5A)"" and insert ""above," there is inserted "or his name is to be removed from it by virtue of subsection (5A) above,"" Page 2, line 30, at end insert "and (c) in relation to each such person—
  1. (i) his national insurance number or a statement that he does not have one,
  2. (ii) a statement of whether or not he has been resident in Northern Ireland for the whole of the three-month period ending on the date of the application, and
  3. (iii) any other address in the United Kingdom in respect of which he is or has applied to be registered,"

Clause 2 [Dates of birth and ballot papers]:

Lord Williams of Mostyn moved Amendment No. 7:

Page 3, line 5, leave out "to the Chief Electoral Officer for Northern Ireland"

The noble and learned Lord said: My Lords. the second group of amendments, Amendments Nos. 7, 9, 11 and 14, stands in my name. They seek simply to make the drafting more elegant. As the legislation stands at present, the registration officer and the chief electoral officer are referred to in the same provision. As any schoolboy knows, in Northern Ireland they are one and the same. Amendment No, 7 corrects that as regards Clause 2. Amendments Nos. 9, 11 and 14 refer to Clause 3. They are to make the Bill rather more attractive as a product. I beg to move.

[Amendment No. 8 not moved.]

Clause 3 [Absent votes and declarations of identity]:

Lord Williams of Mostyn moved Amendments Nos. 9 to 12:

Page 3, line 34, leave out "to the Chief Electoral Officer for Northern Ireland" Page 3, line 43, leave out "and"." and insert— "(1A) For the purposes of subsection (1)(bc) above, the registration officer must be satisfied—
  1. (a) if the application states a national insurance number. that the requirements of subsection (1B) below are met, or
  2. (b) if the application states that the applicant does not have a national insurance number, that no such number was supplied as his national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act.
 (1B) The requirements of this subsection are met if—
  1. (a) the number stated as mentioned in subsection (1A)(a) above is the same as the one supplied as the applicant's national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, or
  2. (b) no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application.""
 Page 4, line 1, leave out "to the Chief Electoral Officer for Northern Ireland" Page 4, line 10, leave out "and"." and insert— "(1A) For the purposes of subsection (1)(bc) above, the registration officer must be satisfied—
  1. (a) if the application states a national insurance number, that the requirements of subsection (1B) below are met, or
  2. (b) if the application states that the applicant does not have a national insurance number, that no such number was supplied as his national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act.
 (1B) The requirements of this subsection are met if—
  1. (a) the number stated as mentioned in subsection (lA)(a) above is the same as the one supplied as the applicant's national insurance number pursuant to section 10(4A)(c)(i), 10A(1A)(c)(i) or 13A(2A)(c)(i) of the principal Act, or
  2. (b) no national insurance number was supplied under any of those provisions, but the registration officer is not aware of any reason to doubt the authenticity of the application."

Lord Glentoran moved Amendment No. 13:

Page 4, line 10, at end insert— "( ) In section 12 (offences as to declaration, etc.), after subsection (3) there is inserted— "(3A) If a person presents to the Chief Electoral Officer for Northern Ireland a form for an absent vote on a form (copy or otherwise) other than one supplied by and uniquely encoded by the Chief Electoral Officer, he shall be guilty of an offence.""

The noble Lord said: My Lords, we all want to achieve the same end, which is fraud-free elections. As we have already said, the department has been very quick to recognise and rectify a number of the issues. However, this amendment follows a theme which I raised in Committee and to which the noble and learned Lord gave a positive response. It seeks to put on the face of the Bill a requirement to ensure that the absent vote forms to be used are those supplied and uniquely encoded by the Chief Electoral Officer for Northern Ireland.

At present, "like-effect" forms are acceptable, including those supplied by the political parties. As those of us with direct experience of Northern Ireland elections know, this is open to widespread abuse. My amendment would make it an offence to present a form for an absent vote which is not one supplied by and uniquely encoded—by bar code or other means—by the chief electoral officer. This safeguard will add to the armoury proposed by the Bill for tackling electoral fraud.

In response to my amendment at Committee stage, the noble and learned Lord said:

"The chief electoral officer already has plans to take administrative measures to ensure that applications for an absent vote are given a unique identifier. I agree with his caution: one must be careful to ensure that it is not possible to identify the way in which a citizen has voted in a secret ballot".

I made that point in Committee. The noble and learned Lord went on to say:

"The chief electoral officer plans to introduce either a serial number or a bar code. As he is already going to do that, we do not need to legislate for it.".—[Official Report, 4/2/02; cols. 486–487.]

That was a very welcome reply.

However, I bring the issue back for two reasons: first, to add on to the face of the Bill a requirement for only the form issued by the chief electoral officer to be the legitimate and valid form; and, secondly, to make it an offence to present a form other than that one supplied by the chief electoral officer. The offence that I propose would be up to level three on the standard scale. The noble and learned Lord may be able to assure me that it would be de facto an offence, and I would welcome that assurance.

As the noble and learned Lord understands from our discussions outside the Chamber, in simple terms my objective is to ensure that after an election is over and the systems are being checked, absentee forms will be counted, and the number used in the election should be that number or a lesser number than those issued by the electoral officer. If there are more in the electoral ballot boxes than those issued by the electoral officer, clearly they would have been used fraudulently.

This gap in the system has been exploited fairly thoroughly over many years. I ask the noble and learned Lord, once again, to work with his officials to see if we can find a means of closing this loophole. I know and understand fully the anxiety of the Government to ensure that we do not deprive older people of the opportunity of voting, but if we leave it open to photo-copied bar-coded papers or anything of that nature we will leave a loophole. So much good work has been done on the Bill to close down the opportunities for those who wish to distort elections, it could be made that much tighter by closing yet another little hole. I beg to move.

5 p.m.

Lord Shutt of Greetland

My Lords, I support the amendment. There should be a special form for the absent vote rather than a desultory letter written by the person seeking an absent vote. In the circumstances of the Bill, it is clear that information is required—such as national insurance numbers and other information—and it would be an odd system which did not have a form. If he were to get a letter, the chief electoral officer or his staff would almost immediately, in nearly every case, have to write back to that person and say, "Please fill in the requisite form". Indeed, I hope that that would happen in any event, rather than it being an offence to write a simple letter. The object of the amendment is to combat electoral fraud. In the unique circumstances of Northern Ireland, having a proper form would be the right way to do it.

Lord Cooke of Islandreagh

My Lords, when the Bill first came to this House it was a travesty and quite worthless for its stated objective of preventing electoral fraud. I add my thanks and appreciation to the noble and learned Lord, Lord Williams of Mostyn, for the work that he has put in and for bringing forward a series of amendments in relation to the important issue of the national insurance number and related matters. Those changes have made all the difference to the Bill.

However, this is a task that we cannot complete in one trial because the devices and ruses which will be used by Sinn Fein—which is expert in all matters of electoral fraud—will find gaps. This amendment seeks to close one gap and it is important that there must be a form from the electoral office.

Let me add one remark on the subject in general. In the past, the electoral office and the electoral officer have not been too busy in trying to catch people out and things have slipped by. I am sure that the officer will have to be much firmer and stricter in future and ensure that everything is looked at to prevent electoral fraud. It is amusing that the Irish Republic has suddenly taken fright. It is holding an election in some weeks time and has found that members of Sinn Fein are working in ways quite unknown there. They are determined again, to become experts in twisting the democratic system. I support the amendment, which adds another piece to the chain.

Lord Williams of Mostyn

My Lords, but it does not. If one looks at the amendment—if I have got it rightly in my own mind—it states: If a person presents to the Chief Electoral Officer for Northern Ireland a form for an absent vote on a form (copy or otherwise) other than one supplied by and uniquely encoded by the Chief Electoral Officer he shall be guilty of an offence". Let us take the position—oh joy of hypothesis—of someone who has not received an original form from the chief electoral officer, perhaps because of a strike or the postman not carrying out his delivery, and writes in making a request for an absent vote on a form which is not the original by definition. I do not think that any of your Lordships, even at the most draconian time of the day or night, would wish that to be made an offence.

Lord Maginnis of Drumglass

My Lords, with respect, that particular rule could apply to the delivery of a postal vote. If a postal vote does not arrive and the person is unable to go to the ballot, then of course that person is precluded from voting and nothing can be done about it. With an effective system, that is not likely to happen frequently.

Lord Williams of Mostyn

My Lords, I have not made myself clear. The consequence of the amendment of the noble Lord, Lord Glentoran, would be that if someone applied for an absent vote on a form which was not the original, he or she would be guilty of a criminal offence. It cannot be the intention to introduce a criminal sanction. I would be very surprised to see my colleagues and friends on the Liberal Democrat Benches want a criminal conviction for such an act. But, of course, if they do wish for such a thing, I am quite happy to sit down while they make their position clear.

I understand the point behind this, but I do not believe that what is proposed is the way to get it. It is the norm at the moment that absent votes are applied for on forms or copies of forms submitted. I repeat: the CEO already plans to take administrative measures to ensure that applications for an absent vote, as the noble Lord, Lord Glentoran, rightly said, will be given some kind of unique identifier—whether it is the original form or a copy—either a serial number or a bar code. He can do that without legislation. That is what he intends to do.

I do not believe that the present amendment is capable of working. It is possible, of course—indeed, your Lordships may say it is quite likely—that I have completely misread it, but I do not think that I have. I shall not close my mind to the point. We all want to be able to have elections which give maximum confidence to all parts of the voting public. I do not think this will do that. I certainly will not close my mind to looking at it again, but I am not sure that I shall be able to meet your Lordships' concerns on this occasion because I have gone fairly vigorously along the road of compromise.

If any of your Lordships believe that I have got it wrong and the elderly widow—it must be an elderly widow, please, for the purposes of my example—sends in an application for an absent vote, is it your Lordships' settled determination that she should be guilty of a criminal offence?

Lord Shutt of Greetland

My Lords, my belief is that if the elderly widow writes a letter, the correct response is to say: "This is an inquiry. Here is a form to fill in".

Lord Williams of Mostyn

My Lords, that is not what the amendment says. If, of course, the noble Lord, Lord Glentoran, wishes to withdraw it, T am happy to forgive and to overlook it.

Lord Glentoran

My Lords, I thank the noble and learned Lord for his patience. We have perhaps not drafted the amendment as neatly as we might have done. I know that the noble and learned Lord understands my problem, and I had not intended to divide the House. I shall ask leave to withdraw the amendment and see whether the noble and learned Lord and his team can come up with some method that will reassure us at Third Reading that the loophole is closed. In the meantime, we shall also attempt to examine the matter. We may be able to have a meeting outside the Chamber and make some suggestions. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Williams of Mostyn moved Amendment No. 14:

Page 4, line 26, leave out "to the Chief Electoral Officer for Northern Ireland"

Lord Glentoran moved Amendment No. 15:

After Clause 4, insert the following new clause—

"VOTERS: SPECIFIED DOCUMENTS

(1) From 1st May 2003, paragraph (1E) of rule 37 of the parliamentary election rules applicable to election in Northern Ireland, imported into Schedule 1 of the Representation of the People Act 1983 (c. 2) by section 1(2) of the Elections (Northern Ireland) Act 1985 (c. 2), is amended in accordance with subsection (2). (2) For sub-paragraphs (a) to (e) there is substituted—
  1. "(a) the plastic photographic card which is, or forms the counterpart of, a current licence to drive a motor vehicle;
  2. (b) a current passport issued by the Government of the United Kingdom or by the Republic of Ireland;
  3. (c) a senior citizen's concessionary fare pass issued by the Northern Ireland Department of Regional Government;
  4. (d) a current electoral identity card issued under section 13C of this Act.""

The noble Lord said: My Lords, the noble and learned Lord and I have exchanged letters and have discussed this proposal. I know that the noble and learned Lord is behind the amendment. Indeed, he has written to me in extensive terms stating the Government's position. If he would be good enough to tell the House what he said to me so that it can be set out in Hansard for the future, I do not see any need to pursue the amendment. I beg to move.

Lord Shutt of Greetland

My Lords, I await with interest the noble and learned Lord's response. I trust that the amendment will be taken on board.

Lord Williams of Mostyn

My Lords, the stance we adopted was that there plainly was a good deal of informed concern. The noble Lord, Lord Maginnis, asked me particular questions about percentages which I said I would research. I have written to various noble Lords about the matter. Perhaps I may refer briefly to the results of the research.

An omnibus survey was carried out in March 2001 by the Northern Ireland Statistics and Research Agency. We wanted to find out who, among potential voters, had access to photographic identification which is presently acceptable. The results indicated that about 68 per cent of people in Northern Ireland had a passport and about 71 per cent had a photographic driving licence. The indication is that about 30 per cent of the electorate do not have a form of photographic identification which is presently acceptable—that is, about 400,000 people. I repeat—and I am happy to respond as fully as I can to the invitation from the noble Lord, Lord Glentoran—that it is our intention to offer every one of those 400,000 or so who require an electoral identity card every reasonable opportunity to acquire one before May 2003.

One of the types of passes mentioned in the amendment—I simply point this out; I do not mention it in any nit-picking sense—is a current concessionary travel pass. My advice is that that is not secure enough to be relied upon for the future. So at the moment the card referred to in the amendment would not be acceptable. We hope to issue a new card in April to all those over the age of 65. That will be secure; hence we are adding it to the list of specified documents.

I am happy to give the particular assurance that the noble Lord sought; namely, I can reassure your Lordships that the Government will conduct an extensive publicity campaign to coincide with this year's annual canvass informing the Northern Ireland electorate of the extensive changes to the electoral system as a result of the Bill.

The chief electoral officer will include a question on the annual canvass form asking if people will require an electoral identity card. He will also use the opportunity to inform electors that specific photographic identification will be required at the polling station from May 2003. We are confident that the period from the annual canvass, in October 2002, to the Assembly elections in 2003 will allow everyone the time and opportunity to avail themselves of an electoral identity card if they should require one. I believe that that is the full assurance, in the precise, terms that the noble Lord asked me to give.

5.15 p.m.

Lord Maginnis of Drumglass

My Lords, in the light of the noble and learned Lord's remarks, could a process be put in place whereby a photographic ID could be provided before May 2003? I apologise for harking on about the mischievousness of some of the electorate in Northern Ireland, but I believe that opportunities will be taken, if provided, to delay the whole process if it does not begin until the canvass returns have been analysed. I ask the noble and learned Lord whether, as soon as the Bill becomes law, he will put in place the provision for those who understand that they will require photographic ID to obtain such ID before they are notified as a result of the canvass. In other words, if the process can start straight away, those who are willing to participate will be able to avail themselves of it speedily. In that way there will be less opportunity for others to give the excuse of not being able to obtain their photographic ID in time.

Lord Williams of Mostyn

My Lords, that is a good point. However, my advice is that we need to conduct the publicity at the time of the canvass. A period from October 2002 to May 2003 is probably the appropriate time, but I shall certainly take the noble Lord's point on board.

Lord Glentoran

My Lords, once again I thank the noble and learned Lord for his assistance. I also hope to receive one of the new Translink passes in the very near future. On that happy note, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Williams of Mostyn moved Amendment No. 16:

After Clause 5, insert the following new clause—

"REGULATIONS AS TO INFORMATION ABOUT NATIONAL INSURANCE NUMBERS

  1. (1) In Schedule 2 to the 1983 Act (provisions which may be contained in regulations as to registration), paragraph 1 is amended as follows.
    2. 1265
  2. (2) After sub-paragraph (4) there is inserted—
 "(4A) Provision for the disclosure (otherwise than by virtue of sub-paragraph (4) above) by the authority responsible for national insurance numbers ("the relevant authority") to the Chief Electoral Officer for Northern Ireland, following a request by him, of—
  1. (a) the national insurance number recorded in respect of an individual specified or described in the request, or of the fact that the individual is not recorded as having a national insurance number, and
  2. (b) in the case of such an individual recorded as having a national insurance number, any name and former name, date of birth, sex and address as recorded by the relevant authority in respect of the individual in question.
 (4B) Provision authorising the relevant authority to charge fees to the Chief Electoral Officer for Northern Ireland to cover the expenses of the relevant authority in complying with such requests." (3) In sub-paragraph (5), after "sub-paragraph (4)" there is inserted "or (4A)"."

On Question, amendment agreed to. Clause 6 [Offences]:

Lord Williams of Mostyn moved Amendment No. 17:

Page 5. line 39, leave out from beginning to end of line 14 on page 6 and insert—

""13D PROVISION OF FALSE INFORMATION

  1. (1) A person who provides false information pursuant to any requirement of section 10(4A), 10A(1A) or 13A(2A) above—
    1. (a) on a form mentioned in section 10(4) above and returned to the Chief Electoral Officer for Northern Ireland; or
    2. (b) in an application made to him under section 10A or 13A above
    3. is guilty of an offence.
  2. (2) A person who provides false information to the Chief Electoral Officer for Northern Ireland for the purpose of obtaining the dispensation referred to in section 10(4B), 10A(1B) or 13A(2B) above is guilty of an offence.
  3. (3) In relation to a signature, "false information" for the purposes of subsection (1) means a signature which—
    1. (a) is not the usual signature of; or
    2. (b) was written by a person other than, the person whose signature it purports to be.
  4. (4) A person does not commit an offence under subsection (1) above if he did not know, and had no reason to suspect, that the information was false.
  5. (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4) above, the court shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not."

In the Title:

Lord Williams of Mostyn moved Amendments Nos. 18 and 19:

Line 2, leave out "and dates of birth" and insert ", dates of birth and national insurance numbers" Line 3, after "Ireland" insert "and of information relating to their period of residence in Northern Ireland and addresses in respect of which they are or have applied to be registered"