APPENDIX 4
Memorandum submitted by Mencap in Northern
Ireland
RESPONSE TO THE NORTHERN IRELAND AFFAIRS
COMMITTEE REQUEST FOR WRITTEN INFORMATION ON ELECTORAL REGISTRATION
IN NORTHERN IRELAND
ABOUT MENCAP
IN NORTHERN
IRELAND
Mencap is a voluntary organisation which works
with people with a learning disability and their families. We
provide information and advice as well as a range of direct services
for people with a learning disability and their families and carers.
We support a membership network of over 70 local groups and Clubs.
We believe that people with a learning disability should have
an equal right to choice, opportunity and respect. We believe
that support for families and carers is essential to making these
rights a reality.
OUR COMMENTS
Mencap in Northern Ireland welcome the opportunity
to comment on Electoral Registration in Northern Ireland following
the implementation of the Electoral Fraud (Northern Ireland) Act
2002.
Mencap welcomes the comments of the Electoral
Commission in Section 7.8 "People with Learning Disabilities"
of the "The Electoral Fraud (Northern Ireland) Act 2002:An
assessment of its first year in operation." We agree with
the Commission's finding that
"The process of individual registration
may inadvertently have impacted on people with learning disabilities,
thus effectively disenfranchising hundreds of people who in the
past may have voted."
THE POINTS
WE WOULD
MAKE ARE
AS FOLLOWS
1. Some people with a learning disability
are able to understand and complete voter registration forms themselves—many
are not. They depend upon parents/carers filling in forms on their
behalf. The existing scheme means that parents or carers of people
with a learning disability are faced with making a decision about
the competence of the individual concerned on an annual basis.
There is little assistance or guidance given
to parents/carers on the issue. The Commission's guidance on access
to the voting process for people with a learning difficulty is
problematic. In particular, there are references within the text
to the common law terms "idiot" and "lunatic"
. The text says:
"The eligability of someone who has a profound
learning disability might, however, in certain cases be called
into question because under the common law so called `idiots'
cannot vote. So-called `Lunatics' on the other hand can vote .
. ."
Mencap find the use of these terms objectionable
and believe that the guidance should be changed to clarify the
position of people with a learning disability in relation to electoral
registration.
2. The letter sent by the Electoral Office is
also quite negative. The letter which the area electoral officer
sends to parents/carers of people with learning difficulty, once
the registration form has been signed by another person, can be
read as if to emphasise the denial of registration. After a pre-amble,
the letter continues with—"Under current legislation
we are unable to include certain people on the Register of Electors."
As we stated in our response to the Commission
on the impact of the Act, the focus on individuals who should
not be included on the Register of Electors may reinforce the
view that people with a learning disability are not entitled to
vote.
Mencap believes that the inclusion of a more
positive and pro-active text in the letter would increase the
number of people with a learning disability who register to vote.
3. Proof of Identification has also been
raised as an issue with regard to the impact of the Electoral
Fraud (Northern Ireland) Act. Mencap believes that identification
issues impact harshly on people with a learning disability. People
with learning difficulty are less likely to drive or hold a passport
than the general population.
This means that more people with a learning
disability are dependent upon acquiring an electoral identification
card. This, in itself, is a complex process which adds to the
disincentive for people with a learning disability to register.
4. Mencap would suggest that a specific
promotional campaign targeted at people with a learning disability,
their families and carers would be of great value. It is important
that the perception that people with a learning disability do
not have a right to vote be challenged.
When voting, individuals need only to make a
choice, there is no requirement to be literate or to be conversant
with party political literature or provide a rational justification
for that choice.
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