House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

135

House of Commons

Monday 25 June 2012

Committee of the whole House

Electoral Registration and Administration Bill

Note

The Amendments have been arranged in accordance with the Order of the House

[23 May 2012].

Mr Wayne David

Angela Smith

10

Clause  4,  page  4,  line  13,  at end insert—

‘(5D)
In all forms of sheltered accommodation the person with responsibility for

managing an individual premises must provide a list on an annual basis of

individual residents to the local authority officer.

(5E)
The local authority officer must write individually to all residents whose names

have been provided on such lists.’.

Mr Wayne David

Angela Smith

11

Clause  4,  page  4,  line  13,  at end insert—

‘(5F)
All private landlords must provide the relevant local authority on an annual basis

with a list of all individuals to whom they rent residential accommodation. The

local authority officer must write individually to all residents whose names have

been provided on such lists.’.

Mr Wayne David

Angela Smith

22

Clause  6,  page  5,  leave out line 27.

Committee of the whole House: 25 June 2012
136

Electoral Registration and Administration Bill, continued

Mr Wayne David

Angela Smith

24

Clause  6,  page  5,  line  27,  at end insert—

‘(2A)
If the Minister considers it appropriate to proceed with the making of an order

under subsection (2), the Minister must lay before Parliament—

(a)
a draft of the order, and

(b)
an explanatory document explaining the proposals.

(2B)
Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing

between negative, affirmative and super-affirmative parliamentary procedure)

are to apply in relation to an explanatory document and draft order laid under

subsection (2) but as if references to section 14 of that Act were references to

subsection (2).’.

Mr Wayne David

Angela Smith

23

Clause  6,  page  5,  leave out lines 28 and 29.

Mr Wayne David

Angela Smith

25

Clause  6,  page  5,  line  32,  after ‘section’, insert ‘with the exception of an order

made under subsection (2)’.

Mr Wayne David

Angela Smith

27

Clause  7,  page  6,  line  7,  leave out ‘give a copy of the report to the Minister’ and

insert ‘lay a copy of the report before Parliament’.

Mr Wayne David

Angela Smith

28

Clause  7,  page  6,  line  9,  leave out subsection (4) and insert—

‘(4)
The report must be laid before Parliament no sooner than three months beginning

with the day on which the Commission is consulted, and no later than five months

beginning with that same day.’.

Mr Wayne David

Angela Smith

29

Clause  8,  page  6,  line  28,  at end insert—

‘(3A)
The Minister may only make a pilot scheme once written approval from the

Electoral Commission has been received.

Committee of the whole House: 25 June 2012
137

Electoral Registration and Administration Bill, continued

(3B)
Any such written approval must be published by the Minister.’.

Dr Matthew Offord

32

Clause  9,  page  7,  line  29,  at end add—

‘(7)
An order under this section may require registration officers to record at the point

of registration—

(a)
a voter’s access needs in relation to any document which is required or

authorised to be given to voters or displayed in any place for either

registration or election, and

(b)
a voter’s access requirements to the polling station.’.

Member’s explanatory statement

This amendment would allow for pilots which could assist disabled people both to register to vote

and to cast their vote. It would achieve this by allowing electoral registration officers to establish

the level of demand for (a) documents in alternative formats and (b) additional accessibility

meaures at polling stations. It is estimated that there are approximately 15,000 disabled potential

voters per Parliamentary constituency.

Mr Wayne David

Angela Smith

12

Clause  5,  page  4,  line  32,  at end insert—

‘(1A)
A local authority must include a statement about the importance of electoral

registration in its annual communication with residents relating to the payment of

council tax.’.

Mr Wayne David

Angela Smith

13

Clause  5,  page  4,  line  32,  at end insert—

‘(1B)
There will be a duty on local authorities to ensure that individuals are invited to

register when those individuals move into the area of the local authority and

register for council tax purposes.’.

Mr Graham Allen

Mr Andrew Turner

Paul Flynn

Mrs Eleanor Laing

Stephen Williams

Sheila Gilmore

Andrew Griffiths

33

Clause  5,  page  5,  line  12,  after ‘penalty’, insert ‘of £500’.

Member’s explanatory statement

The amendment would provide that the fine for failing to comply with a requirement to make an

application to be on the electoral register would be set at £500.

Committee of the whole House: 25 June 2012
138

Electoral Registration and Administration Bill, continued

Mr Wayne David

Angela Smith

14

Clause  5,  page  5,  line  14,  at end insert—

‘(7A)
The civil penalty shall be £100.’.

Mr Wayne David

Angela Smith

16

Clause  5,  page  5,  line  15,  at end insert—

‘(9)
Regulations under subsection (2) must require registration officers to include on

electoral registration forms a clear explanation that the electoral register is used

for other civic purposes.

(10)
There should also be a clear explanation that the electoral register is used for

assessing an individual’s credit worthiness and ability to sustain mortgage

repayments.’.

Mr Graham Allen

Mr Andrew Turner

Paul Flynn

Mrs Eleanor Laing

Stephen Williams

Sheila Gilmore

Andrew Griffiths

34

Clause  5,  page  5,  line  15,  at end insert—

‘(9)
Regulations under subsection (2) must require registration officers to include on

invitations given under subsection (1)—

(a)
a clear statement to the effect that the edited electoral register is available

for general sale and is used by organisations for commercial activities, as

well as for other civic purposes; and

(b)
clear instructions on how to opt out of the edited electoral register.’.

Member’s explanatory statement

The amendment is intended to ensure that it is clear to people who are invited to apply for

registration that the edited register may be sold, and to ensure that people know how to opt out of

the edited register.

Mr Wayne David

Angela Smith

17

Clause  5,  page  5,  line  16,  at end add—

‘(3)
Government departments with responsibility for welfare payments, pensions,

driving licences, revenue collection, National Insurance and passport applications

must inform all individuals who apply for these benefits or services of their

possible entitlement to join the electoral register.’.

Committee of the whole House: 25 June 2012
139

Electoral Registration and Administration Bill, continued

Mr Wayne David

Angela Smith

15

Schedule  3,  page  19,  leave out lines 9 and 10.

Mr Wayne David

Angela Smith

21

Schedule  5,  page  27,  line  21,  at end insert—

‘(6)
The Government shall report to Parliament annually within two months of the end

of the financial year on what money had been made available to local authorities

to meet costs of transition to the new register and what safeguards have been put

in place to make sure the money has been spent on the specified task.’.

Mr Wayne David

Angela Smith

20

Schedule  5,  page  27,  line  44,  leave out ‘second’ and insert ‘third’.

Mr Wayne David

Angela Smith

18

Schedule  5,  page  31,  line  6,  leave out ‘first’ and insert ‘second’.

Mr Wayne David

Angela Smith

19

Schedule  5,  page  31,  line  19,  leave out ‘first’ and insert ‘second’.

Mr Wayne David

Angela Smith

26

Clause  10,  page  7,  line  34,  at end insert ‘, with the exception of an order made

under section 6(2)’.

Remaining NEW CLAUSES

Personation

John Hemming

NC1

To move the following Clause:—

Committee of the whole House: 25 June 2012
140

Electoral Registration and Administration Bill, continued

‘In section 60 of the Representation of the People Act 1983 (Personation) after

subsection (2) insert—

“(2A)
The Secretary of State shall introduce regulations by statutory instrument

to facilitate actions by electoral registration officers, their agents and

others, including candidates and their agents in elections, to—

(a)
prevent, and

(b)
detect personation.”.’.

Other voting offences

John Hemming

NC2

To move the following Clause:—

‘In section 61 of the Representation of the People Act 1983 (Other voting

offences) after subsection (6) insert—

“(6AA)
The Secretary of State shall introduce regulations by statutory

instruments to facilitate actions by electoral registration officers, their

agents and others, including candidates and their agents in elections, to—

(a)
prevent, and

(b)
detect the offences listed in subsections (1) to (6).”.’.

Representation of the People Act 1985 (Amendment)

Geoffrey Clifton-Brown

Tony Baldry

Mr Gary Streeter

Mr Robert Buckland

Mr Robert Walter

Mr Greg Knight

Nick de Bois

Sir Roger Gale

NC3

To move the following Clause:—

‘(1)
The Representation of the People Act 1985 is amended as follows.

(2)
In section 1 (Extension of parliamentary franchise) omit subsections (3)(c) and

(4)(a).

(3)
In section 3 (Extension of franchise for European Parliamentary elections) omit

subsections (3)(c) and (4)(a).’.

Member’s explanatory statement

Currently, British citizens can qualify as overseas electors only if they have been resident in the

United Kingdom within the previous 15 years. This also applies to Members of the House of Lords

for European Parliamentary elections. This amendment would remove this qualifying period, so

that British citizens could qualify as overseas electors even if they had ceased to be resident in the

Committee of the whole House: 25 June 2012
141

Electoral Registration and Administration Bill, continued

United Kingdom more than 15 years before.

Voting procedure

Mrs Eleanor Laing

Meg Munn

Mr David Blunkett

Bob Blackman

Mr Clive Betts

Meg Hillier

Nick de Bois

Tom Greatrex

Nic Dakin

NC4

To move the following Clause:—

‘(1)
Schedule 1 to the Representation of the People Act 1983 (c. 2) (parliamentary

elections rules) is amended as follows.

(2)
In rule 37 (voting procedure) after paragraph (6) insert—

“(7)
A voter who is in the polling station or in a queue outside the polling

station for the purpose of voting at the time specified for the close of the

poll shall be entitled to apply for a ballot paper under paragraph 1 above

and a ballot paper shall be delivered and the voter entitled to vote in

accordance with this rule.”.’.

Member’s explanatory statement

Currently, voters who are in a queue at a polling station at 10 pm but who have not yet been issued

with their ballot paper are unable to cast their vote. This amendment would allow for ballot papers

to be issued to any registered voter who is in the polling station or in a queue outside the polling

station at 10 pm, in order that they may then cast their vote.

Mr Wayne David

Angela Smith

30

Clause  25,  page  14,  line  17,  at end insert—

‘(1A)
Before making an order under subsection 1, the Secretary of State must seek the

views of the Electoral Commission as to whether the establishment of an electoral

register made up solely of electors who have registered individually would help

or hinder the achievement of the registration objectives.

(1B)
For these purposes the registration objectives are to secure, so far as is reasonably

practicable—

(a)
that persons who are entitled to be registered in a register are registered

in it,

(b)
that persons who are not entitled to be registered in a register are not

registered in it, and

(c)
that none of the information relating to a registered person that appears

in a register or other record kept by a registration officer is false.



© Parliamentary copyright	Revised 25 June 2012