Select Committee on Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Written Evidence


WRITTEN ANSWERS TO QUESTIONS

Commons Hansard, Monday 8th September 2003 [Continued from column 38W]

ARMED FORCES (REGISTER OF ELECTORS)

  25.  Mr. Brady: To ask the Secretary of State for Defence what steps his Department has taken to ensure that service men and women are aware of the requirement to renew their entry on the armed forces register of electors on an annual basis. [128442]

  Mr. Caplin: The Ministry of Defence issues an annual Defence Council Instruction explaining voting arrangements in detail to all members of the armed forces. The last was issued on 31 January 2003.

ARMED FORCES (ELECTORAL REGISTRATION)

  Mr. Brady: To ask the Secretary of State for Defence what steps he has taken to ensure that members of Her Majesty's armed forces are aware of the new requirement to register to vote on an annual basis. [127748]

  Mr. Caplin: It is the individual responsibility of each member of the armed forces to register to vote annually. The Ministry of Defence issues an annual Defence Council Instruction explaining this requirement in detail. The last was issued on 31 January 2003.

  Mr. Brady: To ask the Secretary of State for Defence what procedures have been put in place to facilitate annual entry on the Service register of electors for Servicemen and women who are overseas or on active Service. [127749]

  Mr. Caplin: It is the individual responsibility of each member of the armed forces to register to vote annually. Service personnel overseas can choose to register as Service voters by means of a Service declaration, but they can then only vote by proxy. Those who choose to register on their local electoral register will be able to vote either by post or proxy if they are overseas or away from home during any election. Every effort is made by ships, units, and stations to give reasonable assistance to personnel overseas to register or vote in line with their individual electoral registration choice.

  Mr. Brady: To ask the Secretary of State for Defence how many members of HM armed forces were registered to vote on the Service register of electors in each of the last three years. [127754]

  Mr. Caplin: Information on the number of registered Service voters is no longer held centrally. With the introduction of the new voting arrangements from 16 February 2001, those armed forces personnel that now choose to be Service registered voters register annually with the individual electoral registration officers of their choice.


Letter from Councillor Alan Thompson, Leader, Wansbeck Liberal Democrat Group, to the Electoral Commission regarding the Wansbeck Postal Ballot, 1 May 2003 (POS B/P 01)

  Thank you for your letter of 6 October enclosing the Wansbeck report and the executive summary.

  Before the elections the Liberal Democrats in Wansbeck supported the postal ballot experiment after the officers had explained the proposals to the Council.

  With hindsight we are now opposed to the postal ballot system.

  Low turnouts are a symptom of the views of the electorate. It is dangerous to treat symptoms by changing the system so that more ballot papers are returned.

  If people abstain that is their right as a citizen.

  In areas such as Wansbeck that has been under one party rule for generations many people believed that the ballot was not secret. The e-mails, text messages and phone calls from Council Officers also generated suspicion since the electors expressed the belief that Officers working for a Labour regime would act on behalf of that regime. The Labour Party conducted a comprehensive telephone survey from their call centre in their regional office which also prompted people who had not voted to ask "how do they know I have not voted?"

  Many of the people that normally vote did not do so on this occasion because they believed that the system allowed the establishment to know how they voted.

  Many of the people who did vote were elderly people who do not understand politics, their words, and who would not normally vote but did so this time because someone called to see them and posted their ballot paper for them.

  What happened to the thousands of ballot papers that were thrown out with the refuse? Wansbeck has a recycling system. Could these papers have been used unlawfully by simply marking the ballot paper, sealing the envelope and posting them in hundreds if not in thousands?

  Malpractice and fraud under this system is almost impossible to detect because people are reluctant to give evidence openly whilst continuing to complain in private.

  Under the traditional polling station system fraud is much more difficult even if the political integrity of the administrators is partial.

  The public has the right to abstain and it does not bring any comfort to the electors to know that the establishment is changing the system to artificially increase the turnout at the expense of security and anonymity.

  With any other than the traditional tried and tested system the process of democracy is threatened because incumbent regimes have or are perceived to have a clear advantage.

  It is up to politicians to capture the imagination of the public. That is the only safe way to increase democracy and increase the numbers of voters.

Councillor Alan Thompson.

Leader, Wansbeck Liberal Democrat Group


Lord Rennard's Speech at Second Reading in the Lords on the European and Local Election Pilots Bill— 8 January 2004 (POS B/P 02)

  "My Lords, my overall view of the Bill is that, at present and on balance, it may put forward as many problems for our democratic system as it puts forward solutions. It proposes a mechanism for changes to voting systems that are, I think, at least premature. Since those advocating changes also advocate safeguards, and those safeguards cannot all be in place in time for elections in June, I am not convinced that the changes should be made now. There are also significant other problems with experiments such as all-postal voting elections that I shall address.

  But first, perhaps I may say that I believe that experimentation is important in voting methods. My party and I have generally supported the principle of pilot projects. It is particularly welcome to us that the Electoral Commission, whose establishment we so strongly supported, is able to put forward proposals independently of the Government and parties. But it is still for Parliament to approve changes. Wherever possible, changes to voting systems should carry greater consensus than simply the support of the governing party.

  By combining this year's elections, a major electoral experiment has already been agreed for this year. It is one that my party and I wholly support, even though a significant number of colleagues in local government had strong views that it would not be in their interests to do so. Nevertheless, we supported the Local Government Act 2003, allowing the postponement of the local and the London elections from May to June. We thought that it would be far better to have one polling day for all the elections rather than to have two sets of elections five weeks apart, which is something that undoubtedly contributed to the voter fatigue that resulted in the 24% turnout in the European elections of 1999.

  We would have supported a significant further level of experimentation had the Government shown willingness to learn some of the lessons from the unpopularity of the closed lists in the 1999 elections and had decided to allow voters to have slightly more freedom in choosing, if they wanted, to rearrange the order of the lists presented to them by the parties in the European elections. Giving more power to the voter and less to the parties must be good for democracy and good for participation. But we did not see government willingness to consider what I believe would have been a very worthwhile experiment this time around.

  Incidentally, it seems strange to me that we are dealing with an issue today that, perhaps, could have been dealt with earlier when we were considering the Bill on European elections extending representation to the European Parliament to the people of Gibraltar. It seems that there must have been somewhere in the process of government a last minute change of mind about the issue of postal voting in 2004. I fear now that at this late stage we are in danger of acting in haste with insufficient time to prepare for experimental methods of election by 10 June, especially if the Government-as they may-seek to go further than the Electoral Commission has recommended and try to adopt postal voting in the third pilot region.

  Indeed, in discussions with Ministers about the principle of the elections being combined on 10 June, I thought that it was clearly understood that the combining of the European, the local and the London elections this year would be the only departure from previous practice, and that the issue of all-postal voting in certain regions, as a further level of experimentation at the same time, would not be raised at all by the Government. I wonder whether the Minister might explain this apparent late change in mind.

  On the general issue of experimentation in this year's elections, my own representation to the Electoral Commission argued for consideration to be given to a different area of experimentation altogether. The further experiment that I would like to see this year is weekend voting. Before we consider issues such as widespread extension of compulsory postal voting, we should have had a good opportunity to look at weekend voting. The elections in June would have been an ideal opportunity to do that.

  Rather than opening polling stations between 7 am and 10 pm on a Thursday—often causing disruption to many schools and, therefore, disruption to pupils' education—it would have been practical to find suitable venues to open during the day on a Saturday and Sunday giving a choice of polling day, and over a period of time, when many more people are free than on a week day.

  I understand that returning officers and electoral officials were consulted but were not enthusiastic about issues such as storing ballot boxes securely on the Saturday night. But I do not believe that that problem could not have been overcome. The interests of the voter should be paramount. That is the experiment that should be in this Bill.

  Perhaps I may now turn to some of the problems with all-postal-vote elections or `compulsory postal voting', as I prefer to call it, as put forward in the Bill. Some of these problems need to be addressed before there is much more widespread all-postal voting. Some issues are fundamentally problematic. The trade-off between increased turnout and other problems with the democratic process may not be worth it. Of course, all-postal voting has generally raised turnout, but it has not always done so. The health of our democratic process cannot be judged by turnout alone. One of my principal concerns with all-postal-vote elections is the lack of secrecy for many voters. The Secret Ballot Act 1872 was one of the most important democratic reforms in the history of this country. There is a danger that compulsory postal voting undermines it fatally. It may even be an issue under Article 3 of the European Convention on Human Rights, and this should be scrutinised carefully by the Joint Committee on Human Rights.

  Of course, a voter can do what he or she likes in the privacy of the polling booth. Members of the same family may go to the polling station together, but they vote individually in conditions of secrecy. When the postal votes all arrive at home, there is no such guarantee. In my experience, I have often canvassed voters who have said, for example, that they vote for our party but that their husband does not know. It may be possible for them to keep that information from their husbands in future, but they may find themselves voting in another way altogether for the sake of a quiet life. The principle of a secret ballot would have been destroyed.

  Concerns about privacy apply to all voters, but they have been raised by organisations representing disabled people. Thanks to changes introduced a few years ago, a blind person may be assisted in a polling station by a presiding officer on how to fill in their postal vote. But a blind person receiving a postal vote at home may not be able to vote without a visitor, a friend, a relative or someone filling in the ballot paper for them, and so undermining their right to secrecy. Homes in multi-occupation are a particular problem, as raised by the noble Baroness, Lady Hanham. In areas where many students live, or in areas such as where the Brent East by-election recently took place, I have often delivered literature to houses with a huge number of residents-sometimes in double figures. How do we really know what happens when 10 postal votes are left in a communal hallway? It is often the case in those places that the 10 residents are a different 10 people from those on the electoral register to whom postal votes will have been sent.

  There may be very few problems in many areas and there may have been few problems with the pilot schemes so far. However, what would have happened in a closely fought and important by-election such as that in Brent East last September if it had been an all-postal vote election? I canvassed large numbers of households in that election, where many people told me that the person who was on the electoral register had moved away from the district. In an all-postal vote election, a postal vote would still have been delivered to the previous occupant.

  A huge concern for me about the principle of all-postal vote elections is connected to the timing of the election campaign. Traditionally, parties and candidates, the media and all those involved in the election campaign, including the Royal Mail, who deliver to election addresses, know that their work should be completed by polling day. However, in an all-postal vote election, ballot papers are supposed to be delivered at least one week before polling day and usually two to three weeks in advance. Experience from pilot schemes suggests that most voters return their ballot papers almost immediately after receipt.

  When are people best able to judge between the parties and election candidates? Surely it must be when they have the most information at their disposal and have been subject to the most intensive campaigning and debate between the parties and candidates. That time is on polling day and not two or three weeks before it. There is no doubt that many election results would have been different if voting had taken place a week or two earlier. Perhaps the 1992 election might have been a totally different story and Neil Kinnock might have become Prime Minister if the ballot had taken place a week or two earlier. Perhaps some would have welcomed that and others regretted it, but the results of elections will change if one changes the time at which people cast their votes. It is unhealthy to change the time at which people cast their votes to a period that is two or three weeks before the normal polling day and before the parties have been subject to proper campaigning scrutiny. We will reach a situation where people will have voted before the media have covered the election issues, before the parties have delivered their literature, before the election broadcasts have been transmitted and before there has been a proper and democratic discussion of the issues. Is that wise for the health of a democracy?

  There are also many logistical difficulties with the all-postal vote process. Above all, we may reach a point where politicians avoid the detailed scrutiny of an election campaign by having voters cast their votes at such an early point. Political parties and agents are often familiar with the failures of the Royal Mail to deliver election addresses by polling day. That failure was widespread in the 1999 European elections, when the Royal Mail was given for the first time the task of delivering perhaps two or three million election addresses across entire regions. It will be asked to carry out a similar task in this process. How can we be sure of its capacity to deliver postal votes in time for them to be completed, posted back and counted?

  Let us look at some of the lessons from the pilot schemes. Last year, hundreds of voters in Stockport were disenfranchised by a failure to deliver their postal votes. In Liverpool at the last general election, a wildcat postal strike meant that many postal voters were simply unable to return their votes. In one ward in the Metropolitan Borough of Dudley last May, 52 postal votes were delivered only on polling day itself and a further 58 were delivered after the election was over. There is no proper redress in our system for those voters or for affected candidates. Last month, the candidate who lost that election by a mere 40 votes failed in his legal action to have the election result overturned and re-run on the grounds that the returning officer had done enough by giving the postal votes to the Royal Mail. The fact that they had not been delivered to the voters could not change the result of the election. In a by-election in the Hill Rise ward of Islington last October, industrial action was taking place in the Royal Mail and a large proportion of postal voters was disenfranchised. Concern was expressed at the time and assurances were given by the Royal Mail that special measures would apply to make sure that postal votes were returned in time to be counted. However, one in three postal votes was returned to the returning officer after polling day and too late to be counted.

  I ask noble Lords to imagine a national election where one-third of the votes was not counted. It would make the conduct of the 2000 US election in Florida seem like a model of perfection, with its hanging chads and all its other problems, if it became known that so many votes in our system were not counted because of a postal problem. We have witnessed recent industrial action within the Royal Mail and we know that an election that uses postal votes may be a tempting target for some people.

  Of course, there are some answers to some of those problems. A declaration of identity, with a witness signature, to accompany a postal vote may not an infallible means of avoiding fraud, but it is a necessary minimum safeguard and acts as a significant deterrent to fraud. That is one change that could be made to the Bill. There should be no all-postal vote experimental elections in June without that as a minimum safeguard. In the longer run, the Electoral Commission is right to argue for individual registration of voters, to be accompanied by a signature of that voter, thereby enabling at least a cursory check to be made that a postal vote has been returned by the person to whom it was dispatched.

  More use of postal voting should mean a change in our system to allow more days after the normal polling day for postal ballots to be returned and counted. It was not until the scandal of the theft of the US presidential election in 2000 erupted that many voters there became aware that absentee ballots were still supposed to be counted several days after polling day and usually after what is called the `result' is known. In Australia, for example, absent votes can be counted up to two weeks after polling day. The votes cast at a polling station are counted and declared immediately. The postal votes are then counted as they come in, each day, for a two-week period thereafter and the results published on a website. The final outcome in a close election may not be known for two weeks.

  For election junkies such as me, it is quite fascinating to watch the changing results. I remember seeing an Australian politician destroy her career by denouncing her electorate and her party for voting her out, only to find that the postal voters actually made the difference and that she had been elected by a small margin. That system may of course leave a short period of uncertainty about the final outcome of the election. However, more importantly, it helps overcome the fundamental problem of people having either to vote before they have experienced the campaign or to vote so late that their vote is not counted.

  Postal votes should not be dispatched until seven days before polling day at the earliest. There should then be week for them to be counted afterwards. We should also have systems that ensure that postal voters do not lose out on the last week of campaigning. There should be a facility for election candidates to have a sample of their literature included in the postal vote mailing.

  I have expressed strong reservations about the extension of all-postal voting or `compulsory postal voting'. I have suggested some measures that may mitigate the problems, only some of which could be in place by June. The Bill must therefore be amended to provide for what safeguards can reasonably be provided in postal ballots, such as a declaration of identity and a witness signature.

  The Government should also indicate that they will go no further than the Electoral Commission has suggested in having the two proposed all-postal pilots in the northern and east Midlands regions. I welcome their acceptance of the Electoral Commission's view that experimentation with Internet, text and telephone voting is not appropriate at this stage. The evidence so far is that there are problems with the secrecy and reliability of those methods, but no compensating benefits in the form of increased turn-outs.

  In conclusion, the fundamental problems that we are seeking to address lie rather with ourselves as politicians and our political system than with particular voting technologies. We should not lose sight of that."

Lord Christopher Rennard MBE





 
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