Select Committee on Northern Ireland Affairs Written Evidence


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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