HL Deb 01 April 2003 vol 646 cc1247-52

8.2 p.m.

Baroness Farrington of Ribbleton rose to move, That the draft regulations laid before the House on 4th March be approved [15th Report from the Joint Committee]

The noble Baroness said: My Lords, it may be for the benefit of your Lordships if I speak to the draft order at the same time.

As noble Lords know, the Electoral Fraud (Northern Ireland) Act 2002, which introduced measures to minimise the opportunity for fraud while protecting the right of individuals to exercise their franchise, has already been subject to extensive consultation and debate involving the House, the Northern Ireland political parties, the Northern Ireland electoral office, the Electoral Commission and the electorate. These regulations, which follow on from the Act, introduce the electoral identity card—a matter of great significance to this House—into use for parliamentary and Assembly elections in Northern Ireland.

The regulations are compatible with the European Convention on Human Rights and are being made in exercise of the powers conferred by Section 201(1) and (3) and rule 37 (1F) of Schedule 1 to the Representation of the People Act 1983. Specifically, these regulations amend paragraph 1E of rule 37 of the parliamentary elections rules set out in Schedule 1 to the Representation of the People Act 1983.

The purpose of the amendments is to remove all non-photographic forms of identity documents from the list of specified documents set out in paragraph 1E of the parliamentary election rules. Rule 37 (1A) stipulates that a ballot paper shall not be handed to a potential voter unless he or she has produced one of the specified documents to the presiding officer or clerk.

I take this opportunity to remind noble Lords of the four specified documents. They are: an EU member state passport for Assembly or local elections; a Great Britain or Northern Ireland photographic driving licence; a Senior SmartPass, issued under the Northern Ireland concessionary fares scheme; and, of course, the electoral identity card. For parliamentary elections, a UK/Irish passport is also required.

The Government are aware that some concerns have been raised recently by those who consider that we should wait until after the forthcoming Assembly election before enacting this measure. They believe that removing non-photographic identification at this time risks disenfranchising a large number of eligible voters. They cite the relatively small uptake for the electoral identity card. There have been 57,000 applications, whereas 235,000 people indicated on their electoral registration form that they required the card.

I should say straight away that the Government have no intention of taking away people's democratic right to vote. If we believed that thousands of voters would not be able to vote because of this measure, we would not be introducing it at this time. However, it is of course right that, as the Government, we should do everything in our power to ensure that anyone who requires a card receives it in time.

For that reason, the Secretary of State met last week with the Chief Electoral Officer and the Electoral Commission to agree a co-ordinated strategy to ensure that those who need the card have every opportunity to get one. As a result of that meeting, we are putting in place a number of measures which we believe should increase confidence in the card. Not only will it help those who need the card to get one, it should also inform us why a large number of people who indicated that they needed a card have not subsequently applied for one. The measures include writing to those who originally expressed an interest in the card but who have not applied or presented a complete application for one. This number is estimated at 180,000 people. A new application form will be sent to all these people in good time for them to be able to have a card, should they wish, in time for the election.

The Electoral Commission will conduct research with a representative sample of the Northern Ireland population to determine if they ticked the box on the registration form requesting an application form for an electoral ID card. If they requested a form but did not subsequently apply for a card, they will be asked why they did not apply and if they have other eligible ID.

Another measure will be to take the mobile application centres into other areas where people gather, such as shopping centres and supermarkets. Targeted publicity will tell eligible voters that they require photo ID to vote, and how to get it.

The political parties have, of course, a role to play, and I would like to use this opportunity to ask them to join me in playing an active and positive role in raising awareness of the card and of photo-identity in general.

People still have seven weeks to apply for a card. The Chief Electoral Officer has guaranteed that all correct applications received by 16th May will be processed in time for the Assembly election. People can apply by post or in person at a number of mobile application centres.

In conclusion, I hope that noble Lords recognise the importance of these changes in improving confidence in the electoral system in Northern Ireland and tackling abuse at the polling station.

I wish to speak also to the Local Elections (Northern Ireland) (Amendment) Order 2003. The local elections order does not have an SI number. The Privy Council cancelled its April meeting and as a result we had to relay the order yesterday morning due to the commencement date on the original order now being wrong. The draft order was reconsidered by the Joint Committee on Statutory Instruments this morning. Copies of its report are now available in the Printed Paper Office. The committee found the order satisfactory. The order is compatible with the European Convention on Human Rights and is being made in exercise of the powers conferred by Section 84(1) and (3) of the Northern Ireland Act 1998.

I shall try not to repeat myself as the order mirrors the regulations to which I have just referred. The order applies to local elections in Northern Ireland and specifically amends paragraph 6 of rule 34 (voting procedure) of the local elections rules in Schedule 5 to the Electoral Law Act (Northern Ireland) 1962, as substituted by Schedule 1 to the Local Elections (Northern Ireland) Order 1985. The next local elections in Northern Ireland are scheduled for May 2005.

The purpose of the amendments is to remove all non-photographic forms of identity documents from the list of specified documents set out in paragraph 6. Rule 34(2) states that a ballot paper shall not be handed to a potential voter unless he or she has produced one of the specified documents to the presiding officer or clerk. The specified documents are the same as for the regulations.

In conclusion, the introduction of the electoral identity card is a matter of great importance to this House. I hope, therefore, that the regulations will be approved. I beg to move.

Moved, That the draft regulations laid before the House on 4th March be approved [15th Report from the Joint Committee].—(Baroness Farrington of Ribbleton.)

Viscount Bridgeman

My Lords, we on these Benches pay tribute to the efforts of the noble and learned Lord the Lord Privy Seal in setting these arrangements in place. We welcome this small but essential progress towards the reduction of electoral fraud in Northern Ireland. I have only one question for the Minister: as regards the very specific and comprehensive arrangements for the issue of the documentation, can she assure us that the software is in place?

Baroness Harris of Richmond

My Lords, I thank the noble Baroness for introducing the regulations and the order. As we heard from the noble Baroness, the purpose of the regulations is to remove all non-photographic forms of identification from the list.

During the passage of the Electoral Fraud (Northern Ireland) Act 2002, much debate took place on non-photographic forms of identification which could be open to abuse, for example the medical card. The Conservatives and these Benches argued that only photographic identification should be used to obtain a ballot paper. The Government introduced the electoral identity card and said that it was their intention to remove the non-photographic forms of ID from the list before the Assembly elections. However, they wanted to ensure that there was a sufficient take-up rate of the identity card so that no one would he deprived of their right to vote simply because they had the incorrect type of identification.

Concerns have certainly been raised about the electoral identity card, in particular the number of people who have not returned their application for one. About 200,000 people have stated that they required the ID but have not received it. One lady applied for her card in November but received it only yesterday. My concern is that the great length of time that it has taken for that to be received could be replicated for great numbers of people in Northern Ireland. We certainly support the intention behind the regulations. We have been looking for the Government's reassurances that such matters will be looked into, and that no one will be denied the right to vote because they do not have the correct identification. I am heartened by the Minister's response to that, giving us a number of assurances that have been put in place. I thank her for that.

I shall move on to the Local Elections (Northern Ireland) (Amendment) Order, which removes all non-photographic forms of identity. It is consequential on the Representation of the People (Northern Ireland) (Variation of Specified Documents) Regulations 2003, and provides that a ballot paper will not be delivered to the voter unless he or she produces one of the documents to the clerk or presiding officer. That therefore ensures uniformity across all elections in Northern Ireland, and we support the measures.

Lord Laird

My Lords, I am happy to offer the support of the Ulster Unionist Party for these long overdue measures. The obvious need for the regulations is well known and, as such, I am going to resist the temptation to detail some of the more innovative techniques employed by republicans down the years in their attempts to cheat their way to electoral success.

Suffice it to say that, although Sinn Fein has significantly increased its representation in elected forums over some years, it would certainly not have done so to such an extent if the regulations had been in place. For example, the chairman of the Ulster Unionist Party, Mr James Cooper, would now be representing the proud constituency of Fermanagh and South Tyrone in another place, rather than Sinn Fein's Michelle Gildernew. Of that I am quite sure.

My principal concern surrounding electoral identity cards is that take-up among the electorate in Northern Ireland will not be as high as one would wish, simply because of ignorance. Believe it or not, interest in all things political and electoral is not as high in the community at large as it is in your Lordships' House. Even though the Government have taken steps to publicise the existence of the cards, I believe that more could and should have been done. I hope very much that it is not a case of too little, too late, although I fear that that might well be so. None the less, I support the regulations.

Lord Fitt

My Lords, the noble Baroness will be surprised that I can give her my full-hearted support, which makes this rather an unusual occasion. I think that those who would have tried to prevent the legislation coming before the House until after the election had something to gain from that attitude.

The very fact that the statutory instruments have come before the House is an indication about the assertion once made in another place that Northern Ireland was as British as Finchley. One does not have regulations such as these in Finchley or any other part of the United Kingdom. They show that Northern Ireland was unique in its fraudulent elections that took place over many years.

I have a slight concern, which I hope that the noble Baroness can ease. Many people in Northern Ireland, particularly old people, are averse to having their photographs taken. I know that from people in my own family on medication such as cortisone, which leads to physical attributes including swelling of the face, particularly in women. It puts people off having their photographs taken. I hope that the Government will make every effort to ensure that the absence of a photograph does not lead to the denial of a vote in Northern Ireland.

I was particularly heartened by what the noble Baroness said about the mobile units that are to travel Northern Ireland to advise people on their eligibility for a vote. I hope that enough staff would work in the mobile units to handle the applications and assist people to fill them in. If political parties are to travel around and make an application on someone else's behalf, or help them to make it, the applicant may feel compelled to support that political party. However, if the application is helped to become valid by government agencies, there would be less compulsion for people concerned to vote for a particular political party.

I am very happy to support the legislation. It has been long overdue in Northern Ireland.

Baroness Farrington of Ribbleton

My Lords, I am delighted that it is one of those rare occasions when speakers from all parts of the House have agreed with one another on the subject of Northern Ireland. In the absence of certain noble Lords, I could be emboldened to say to my noble friend Lord Fitt that not only is Northern Ireland not Finchley, but Finchley is not as beautiful as Northern Ireland, in spite of the beautiful trees in parts of it. I believe that we could probably all agree on that.

All noble Lords who spoke referred to the need to ensure that people know how to get help. I stress that there is a helpline telephone number that people can use for confirmation of programme dates and venues.

The noble Viscount, Lord Bridgeman, asked about the system of software. The equipment being used in relation to the card is state-of-the-art technology and the electoral office has the ability to cope more than adequately with the increased demand. I hope that that also reassures the noble Lord, Lord Laird. I am sure that the noble Lord does not expect me to comment in any way on his view about what happened in previous elections.

In response to the noble Baroness, Lady Harris of Richmond, applications for the card started only in January, and nearly 60 per cent of those who applied have received their card.

While recognising that a photograph is the best way of ascertaining a person's identity, I reassure the noble Lord, Lord Fitt, that there will be enough staff on hand. I understand what he said about people feeling under pressure if a political party helps them to complete their form. There is a programme of mobile application centres at which eligible applicants, such as those on the electoral register, can apply in person for an electoral identity card. At the centres, people can have their photograph taken and their application completed. I stress that that process is free of charge. Over the next few weeks, the centres will visit shopping centres and housing estates throughout the Province.

I thank all noble Lords for their support and commend the regulations to the House.

On Question, Motion agreed to.