Electoral Registration and Administration Bill

SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 22nd October 2012, as follows—

Schedule 3
Clauses 6 to 12
Schedules 4 and 5
Clauses 13 to 26

[Amendments marked * are new or have been altered]

After Clause 5

LORD LEXDEN

LORD NORTON OF LOUTH

25

Insert the following new Clause—

“Representation of the People Act 1985 (Amendment)

(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).”

LORD LEXDEN

26

Insert the following new Clause—

“Representation of the People Act 1985 (Amendment) (No 2)

(1) The Secretary of State may by Order made by statutory instrument amend the Representation of the People Act 1985 either—

(a) in section 1 (extension of parliamentary franchise), to omit subsections (3)(c) and 4(a) and in section 3 (extension of franchise for European Parliamentary elections), to omit subsections (3)(c) and (4)(a); or

(b) to substitute for the period of 15 years provided for in each of those sections a longer period (“the relevant period”).

(2) If the Secretary of State makes an Order under subsection (1)(b) he may subsequently make further Orders under subsection (1)(b) provided that any such subsequent Order may only provide for a further increase in the relevant period.

(3) An instrument containing an Order under subsection (1) shall be subject to approval by resolution of both Houses of Parliament.”

27

Insert the following new Clause—

“Period of registration for British citizens overseas

(1) Section 2 of the Representation of the People Act 1985 (registration of British citizens overseas) is amended as follows.

(2) In subsection (2) for paragraph (a) substitute—

“(a) the day after the next general election held after the date when the entry in the register takes effect;”.”

28

Insert the following new Clause—

“Initial registration of British citizens overseas

(1) Section 2 of the Representation of the People Act 1985 (registration of British citizens overseas) is amended as follows.

(2) After subsection (6) insert—

“(6A) Every registration officer shall make provision to allow overseas electors to make an online declaration under this section.””

Schedule 3

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

29

Page 19, leave out lines 9 and 10

Clause 6

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

30

Page 5, leave out line 27

31

Page 5, line 27, at end insert—

“( ) 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.

( ) 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).”

32

Page 5, leave out lines 28 and 29

33

Page 5, line 32, after “section” insert “with the exception of an order made under subsection (2)”

Clause 7

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

34

Page 6, line 7, leave out from “must” to “by” and insert “lay a copy of the report before Parliament”

35

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.”

After Clause 7

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

36

Insert the following new Clause—

“Annual registration reports to Parliament

(1) In each calendar year, beginning in 2014 the Electoral Commission shall produce a report on the accuracy and completeness of the electoral register in each part of the United Kingdom, which will detail variations in registration rates within and between the different parts of the United Kingdom.

(2) The full report shall be presented to the United Kingdom Government, and relevant sections shall be presented to the executives in Scotland, Wales and Northern Ireland.

(3) The United Kingdom Government must lay the full report before Parliament within 7 days of receiving it, and provide Government time for Parliament to debate the report.”

Clause 8

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

37

Page 6, line 28, at end insert—

“( ) The Minister may only make a pilot scheme once written approval from the Electoral Commission has been received.

( ) Any such written approval must be published by the Minister.”

Clause 10

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

38

Page 7, line 34, at end insert “, with the exception of an order made under section 6(2)”

Schedule 4

LORD RENNARD

LORD TYLER

39

Page 21, line 23, leave out “, so far as is reasonably practicable,”

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

39A*

Page 21, line 23, leave out sub-paragraph (2)

39B*

Page 21, line 26, at end insert—

“( ) In subsection (2), after paragraph (e), insert—

“(f) reporting to the police any suspicion he or she might have that an offence had been committed relevant to the integrity of registration and absent vote applications””

39C*

Page 21, line 26, at end insert—

“( ) After subsection (3) insert—

“( ) If the Electoral Commission judges that registration officers have not taken all necessary steps, as outlined in this section, the Electoral Commission shall have the power to intervene.””

LORD WALLACE OF SALTAIRE

40

Page 22, line 20, at end insert—

“(b) omit paragraph (c) and the “or” before it.”

41

Page 23, line 15, leave out “In section 13(5)(b),” and insert—

“(1) Section 13 (publication of registers) is amended as follows.

(2) In subsection (2)(b), after “13A(3)” insert “or (3A)”.

(3) In subsection (5)(b),”

42

Page 23, line 23, at end insert—

“( ) After subsection (3) insert—

“(3A) Subsection (2)(a)(ii) also does not require a registration officer in Great Britain to issue a notice under subsection (2) in a case where the month which follows that in which the relevant time falls is the month containing the date on which a revised version of the register is next due to be published in accordance with section 13(1)(a); and in such a case the alteration in question shall be made in that revised version of the register.””

43

Page 23, line 37, at end insert—

“(1) Section 49 (effect of registers) is amended as follows.

(2) In subsection (5)—

(a) in paragraph (b), for the words from “is not” to “was not” substitute “is not or was not at any particular time”;

(b) in paragraph (c), for the words from “is, or” to “was,” substitute “is or was at any particular time”.

(3) Omit subsection (6).”

44

Page 24, line 14, at end insert—

“In section 62 (offences as to declarations), in subsection (1A), for “section 9B(1)(b)” substitute “section 9B(1A)(a)”.”

45

Page 25, line 24, at end insert—

“Representation of the People Act 2000 (c. 2)

In Schedule 1 to the Representation of the People Act 2000 (registration: amendments of Representation of the People Act 1983), omit paragraph 12(3) and (4).”

46

Page 25, line 27, leave out “paragraph” and insert “paragraphs 4(2), 5 and”

Schedule 5

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

47

Page 27, line 21, at end insert—

“( ) The Government shall report to Parliament annually, within two months of the end of the financial year, on what money has 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.”

48

Page 27, line 31, leave out “first” and insert “second”

49

Page 27, line 44, leave out “second” and insert “third”

LORD RENNARD

LORD TYLER

50

Page 31, line 5, leave out paragraph 17

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

51

Page 31, line 19, leave out “first” and insert “second”

Before Clause 13

LORD RENNARD

LORD TYLER

52

Insert the following new Clause—

“Provision for polling to take place at weekends

(1) Section 1 of the Fixed-term Parliaments Act 2011 (polling days for parliamentary general elections) is amended as follows.

(2) In subsection (2), leave out “The polling day” and insert “Polling”.

(3) In subsection (2), leave out “7 May 2015” and insert “conducted over the course of one day, or two consecutive days, between 2 May 2015 and 10 May 2015 inclusive”.

(4) In subsection (3), leave out “The polling day” and insert “Polling”.

(5) In subsection (3), leave out “the first Thursday” and insert “conducted over the course of one day, or two consecutive days, and in the first ten days”.

(6) In subsection (3), after “day” in the third line insert “or days”.

(7) In subsection (4)—

(a) leave out “the polling day” and insert “polling had been conducted”,

(b) in paragraph (a) leave out “was appointed”,

(c) for paragraph (b) substitute—

“(b) was conducted before the first weekend in May”.

(8) In subsection (5), after “day” insert “or days”.

(9) In subsection (5), leave out “is” and insert “are”.

(10) In subsection (7), after “day” insert “or days”.

(11) After subsection (7) insert—

“(8) The Prime Minister must by order made by statutory instrument specify the day, or days, on which polling is to be conducted under subsection (2) by 31 January 2014.

(9) The Prime Minister must by order made by statutory instrument specify the day, or days, on which polling is to be conducted under subsection (3) by a date no later than 15 months before the first weekend in May in the fifth calendar year following that in which polling had been conducted for the previous parliamentary general election.””

Clause 15

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

52A*

Page 9, line 12, at end insert—

“( ) In section 13(4), at end insert “provided that the registration officer shall not make any such changes if an election specified in section 13B(4) is scheduled to take place within 30 days of publication of the revised version of the register.””

After Clause 17

LORD PANNICK

BARONESS JAY OF PADDINGTON

LORD LEXDEN

LORD LANG OF MONKTON

53

Insert the following new Clause—

“Voting procedure

(1) Schedule 1 to the Representation of the People Act 1983 (parliamentary elections rules) is amended as follows.

(2) In paragraph 37 (voting procedure) after sub-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 sub-paragraph 1 above and a ballot paper shall be delivered and the voter entitled to vote in accordance with this paragraph.””

After Clause 20

LORD LEXDEN

54

Insert the following new Clause—

“British citizens overseas: voting procedure

(1) Schedule 4 of the Representation of the People Act 2000 (manner of voting at parliamentary or local government elections) is amended as follows.

(2) In paragraph 2, before sub-paragraph (5A) insert—

“(5ZA) If he is a person for whom a declaration under section 2 of the Representation of the People Act 1985 (registration of British citizens overseas) is in effect, he may vote online in a manner prescribed by the Secretary of State by Order made by statutory instrument subject to approval by resolution of both Houses of Parliament.””

After Clause 21

LORD NORTON OF LOUTH

55

Insert the following new Clause—

“Repeal of the edited version of the electoral register

With effect from 1 December 2013, the provisions of the Representation of the People Act (England and Wales) (Amendment) Regulations 2002 (SI 2002/1871), the Representation of the People Act (Scotland) (Amendment) Regulations 2002 (SI 2002/1872), and the Representation of the People Act (Northern Ireland) (Amendment) Regulations 2002 (SI 2002/1873) in respect of the edited version of the Electoral Register shall cease to have effect and no further versions of the edited Electoral Register shall be produced.”

56

Insert the following new Clause—

“Edited version of the electoral register

(1) With effect from 1 December 2013, the edited version of the electoral register shall cease to be available for purchase for commercial purposes.

(2) From that date, copies of the edited version of the electoral register may only be purchased by organisations that the Secretary of State has designated as bodies with a legitimate purpose for seeking access to the register.”

57

Insert the following new Clause—

“Opt-in to the edited version of the electoral register

(1) From 1 December 2013, the inclusion of the name of an elector on the edited version of the electoral register shall only take place when the elector has given permission for his name to be included.

(2) For the purpose of subsection (1), permission shall deemed to have been given when the elector ticks a box on the electoral registration form indicating that he wishes to be so included.”

Clause 25

LORD RENNARD

LORD TYLER

58

Page 14, line 17, at end insert—

“(1A) Part 2 to Schedule 5 of this Act comes into force on such a day as the Minister may by statutory instrument appoint.

(1B) A statutory instrument containing an order under subsection (1A) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(1C) A draft of an instrument under subsection (1A) must be laid before 18 December 2014.”

LORD FALCONER OF THOROTON

BARONESS HAYTER OF KENTISH TOWN

59

Page 14, line 17, at end insert “, with the exception of Schedule 5, Part 2, which shall come into force by order only once—

(a) the data matching pilots for pre-verification purposes established by the Electoral Registration Data Schemes Order 2012 have been completed,

(b) the Electoral Commission has reported on these schemes under the terms of that Order, and

(c) the Electoral Commission believes that the completeness of the register will not be negatively affected.”

60*

Page 14, line 19, leave out subsection (3)

Prepared 30th October 2012