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Mr. Bercow: I am most grateful to you, Mr. Deputy Speaker. I am sure that the Minister will take note. If he had not made his intervention, it would not have been necessary for me to refer to "The Open Society and its Enemies", "Conjectures and Refutations" and the "The Poverty of Historicism" and so on. However, those were legitimate matters in the light of the Minister's remarks yesterday.

We were holding a serious debate. The final proof of my earnestness in debate is that, yesterday, I was celebrating my birthday. The Minister might say, "What a sad anorak; he wants to spend his birthday debating the Report stage of the Representation of the People Bill."

The Parliamentary Under-Secretary of State for Northern Ireland (Mr. George Howarth) indicated assent.

Mr. Bercow: It is true that, later, I was due to meet a friend for a celebration of my birthday. However, I took immensely seriously the important amendments that we had to consider. If Labour Members think that I took part in the debate simply in order to prolong it or to cause the Government inconvenience, when I could have had a thoroughly stimulating evening elsewhere, they are absolutely wrong. There were weaknesses in the Bill.

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They needed debate; they required scrutiny and they deserved criticism. That is what Conservative Members offered.

Question put and agreed to.

Resolved,


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Orders of the Day

Representation of the People Bill

As amended in the Committee, further considered.

Clause 6

Notional Residence: Declarations of Local Connection


Amendment proposed [19 January]: No. 30, in page 8, line 43, at end insert--
"(5A) Where the declarant falls into the category of person mentioned in subsection 2(c) above, the declaration of local connection must state that the declarant has spent a substantial part of his time (whether during the day or at night) in the parliamentary constituency (or, if the declaration is made for the purpose of local government elections only under the provisions of subsection (6) below, the local government electoral area) during the whole of the period of three months ending on the date of the declaration."--[Mr. Evans.]

2.39 pm

Question again proposed, That the amendment be made.

Mr. Deputy Speaker (Mr. Michael J. Martin): I remind the House that with this we are discussing the following amendments: No. 9, in page 9, line 20, at end insert--


"(10) When an address given in a declaration of local connection is owned or occupied by a person, persons, business or organisation, permission must be obtained from such person, persons, business or organisation for that address to be used in the declaration.".

No. 31, in page 9, line 20, at end insert--


'(10) When a declaration of local connection is received by the registration officer, he shall make enquiries in order to satisfy himself that the declarant falls within the categories of person listed in subsection (2) above, and no declarant shall be entered on the register until the registration officer is so satisfied.".

No. 27, in schedule 1, page 20, line 35, at end insert--


"(5A) It shall be the responsibility of the registration officer to take whatever measures he deems necessary and reasonable to verify a declaration of local connection made under section 7B of this Act.".

The Parliamentary Under-Secretary of State for the Home Department (Mr. Mike O'Brien): Yesterday, I was concluding my remarks on the amendments. My objection to amendment No. 9 was that it would require homeless persons, who, for example, wanted to use the address of the shop in whose doorway they normally spent the night, to obtain the shopkeeper's permission before doing so. If the shopkeeper refused permission, the homeless person would be disfranchised. I could see no justification for that. The shopkeeper is not affected by the measure; it is not a claim to a right to use the doorway. Indeed, arguably, the shopkeeper would be consenting to the use of the doorway by permitting the homeless person to sleep there, although I think it would take a good lawyer to argue that. The shopkeeper might be in a worse position if he consented than if he did not.

Amendment No. 31 would impose an unnecessary additional responsibility on electoral registration officers. They would be required to check whether people making a declaration of local connection fell into one of three

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categories eligible to register in that way. That should not be too difficult in the case of mental patients and remand prisoners, but it is not clear what the registration officer would be expected to do to satisfy himself that a declarant was homeless.

Moreover, the amendment would move away from the general principle that the registration officer would normally accept registration applications at face value unless and until objections were raised to the inclusion of a particular name on the register or the omission of another name from it. We do not want to make that move.

The same objection applies equally to amendment No. 27. Why should the registration officer be required to take special steps for people registering by a declaration of local connection which he does not have to take for any other electors? Again, he should be expected to accept the information that he is given unless objections are raised.

I invite the hon. Member for Ribble Valley (Mr. Evans) to withdraw his amendment.

Mr. Nigel Evans (Ribble Valley): I offer apologies on behalf of my hon. Friend the Member for Ryedale (Mr. Greenway), who is in the Standing Committee on the Freedom of Information Bill. I appreciate that the Minister is torn between two places. I hope that he recognises that we did not divide the House on the allocation of time motion so that we could move on to this debate. Indeed, as I have said before, we had only two Divisions during the entire Committee stage of the Bill.

Last night, the Minister gave a rather petulant response on amendments Nos. 30 and 31, and I suspect that it may have been because of the changed circumstances and the fact that he had suddenly acquired an audience. The Minister missed the point completely, and I hope that he did so deliberately.


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