Select Committee on Constitutional Affairs and ODPM: Housing, Planning, Local Government and Regions Minutes of Evidence


Examination of Witnesses (Questions 1-19)

25 JANUARY 2005

MR SAM YOUNGER AND MS PAMELA GORDON

  Q1 Chairman: May I welcome you all to the first session of the joint committee, that is the ODPM and the Constitutional Affairs Select Committees, joint inquiry into electoral registration? May I just point out to you that the written evidence that we have received has been published this morning and is available from the Stationery Office at the cost of £13, but probably of more interest to most of you will be that you can actually look at it on the web, at a minimal cost I suppose of connection. May I welcome the two of you and ask you to identify yourselves for the record, please?

  Mr Younger: Sam Younger, Chairman of the Electoral Commission.

  Ms Gordon: Pamela Gordon, Electoral Commissioner.

  Q2 Chairman: Do you want to say anything by way of introduction, or are you happy for us to go straight to questions?

  Mr Younger: Happy, Chairman, for you to go straight to questions.

  Q3 Mr Beith: In your written evidence, you refer both to the overriding principle that a right as fundamental as voting should only be secured by personal initiative, then, to a series of practical reasons which you say favour individual registration. If the practical reasons were shown not to stand up, indeed if it were shown for example that it would not be likely to increase participation and might have the opposite effect, would the reason of principle be an overriding one and would you stick to your view that it is a principle that people should register themselves?

  Mr Younger: We do have to be very careful on this. Clearly, we have looked at it in terms of the principle and all the practical benefits that we think would flow from it. We have to be aware of the one area of experience that there has already been in this, in Northern Ireland, moving from household to individual registration. Clearly, there are some practical difficulties there. It seems to us we need to work through those, to see whether they can be overcome, so that you do not have essentially the opposite effect of that intended. The principle has to be the right one. If there were overriding reasons, then I think we would need to look at it again; it is something we need to be pragmatic about.

  Q4 Mr Beith: Do you have any evidence that the current system is thought by people to be confusing or, conversely, that it is a trusted system that people are quite comfortable with?

  Mr Younger: There is no evidence that people are uncomfortable with it. There is evidence that people have been able to use it and use it perfectly comfortably for very many years. What we were looking at was a case for change based on up-to-date issues of data protection rights and so on, but also, more practically, how we could improve both the security of postal voting in the first instance and then the ability of the registration system to support further developments in voting over time.

  Q5 Mr Beith: How far was your interest driven by all-postal voting, with a piloting of it, or indeed using it more generally? There clearly are arguments relating to all-postal voting which strengthen the case for individual registration. If we do not go down the road of all-posting voting, does the case for individual registration weaken?

  Mr Younger: The original review we did of registration was not based on all-posting voting, it was one of the reviews which came out of our report on the 2001 general election and was based on the fact that there had been postal voting on demand. Clearly the practical implications, and if the reasons are there to go for individual registration in terms of postal voting on demand, are even stronger in scale if you have all-postal voting. The principle of individual registration and the extra security in postal voting are applicable and whatever the future in terms of all-posting voting, the fact is that with postal voting on demand we are already up at what was 8.1% of the electorate registered as postal voters in the elections last June and that must be a figure which is rising and it is a very significant number in any event. In our view, the argument there in general terms is there, whether or not there is all-postal voting.

  Q6 Peter Bottomley: Can you remind us? In the United States I think they have generally individual registration. What is the proportion of potentially eligible voters who are registered?

  Mr Younger: I do not have figures for the United States.

  Q7 Peter Bottomley: Until I am contradicted, I put it to you that it is pretty low compared with us. Should not the overriding principle be that all potentially eligible voters should be registered and that there also ought then to be the principle that the individual voters can check that they are registered or get themselves off a register if there is inappropriate registration?

  Mr Younger: That has to be the principle, yes.

  Q8 Peter Bottomley: Both?

  Mr Younger: Yes. Everybody who is eligible to be on the register should be on the register. The issue is how you best get to that and get to it in a way that also helps the security and the future of the voting system.

  Q9 Chairman: If someone does not intend to vote, perhaps for religious reasons, is there a logic for them to be on the register?

  Mr Younger: Of course in response to a request for information it is an offence not to provide that information or to provide false information. The number of prosecutions there are for failure to return information for the register is very, very small. In this case, in terms of voting, we have always had the principle up to now that voting is voluntary, but, up to now, there is an obligation to provide information that is requested for the register. So in theory it is actually an obligation to provide that information.

  Q10 Peter Bottomley: And it is used for jury lists as well.

  Mr Younger: Yes.

  Q11 Chris Mole: You touched on the Northern Ireland experience. In your memorandum you seem rather reluctant to accept the significance in the fall in registration in Northern Ireland and you state in paragraph 4.10 ". . . the experience of introducing individual registration to Northern Ireland might suggest an initial impact of a drop in registration rates". How much do you feel the decline in the numbers on the electoral register in Northern Ireland since the introduction is due to a drop in registration rates, as opposed to other causes such as eradication of duplicate entries? Do you forecast that the drop will continue or that registration rates will return to previous levels?

  Mr Younger: It is something we have to take very seriously. Clearly, there would have been an expectation when the register was cleaned in Northern Ireland in the context of the 2002 Electoral Fraud Act, that there would be a drop-off which would partly be the greater accuracy of that register, but that the increased requirements in terms of individuals putting their signature, having their date of birth, their national insurance number and so on would lead to an extra drop-off. The jury is still out on exactly where the proportion of those reasons is, but we do have to take it seriously and in the context of looking at the potential applicability to Great Britain, we do need to take that on board. I note what the Northern Ireland Affairs Select Committee said in their report that they did not think at this stage that that exact system should be rolled out to Great Britain and I think there is some force in that. However, the conditions are not exactly the same in Northern Ireland and in a sense, what we are currently discussing with government is how we can modernise that system of registration whilst taking into account the lessons that there certainly are from Northern Ireland and the analysis of those lessons is continuing.

  Q12 Chris Mole: So what general lessons do you think we can learn from the Northern Ireland experience before introducing a similar system in Great Britain?

  Mr Younger: One of the things in Great Britain relates to this issue of the carryover. It seems to me, though we have not pinned this down finally, that if one is to introduce it in Britain, because the reasons why we are introducing it are not exactly the same in Northern Ireland—that is a sort of once-off, where you are off the register if you do not fill in the individual registration form on day one—that may well not be right but something that is graded and gradual as you introduce a new system has to be something which is well worth exploring and it is important to explore that. There is also the question by comparison with Northern Ireland of the sort of identifiers. One of the issues in Northern Ireland was having to find the National Insurance number. Our view currently is that we would not need necessarily to do that in the rest of the UK. I would say that we have to be very careful. I very much recognise the fears that there are and I note very much that the government's response to our earlier recommendations on individual registration, which of course, in what was being responded to, pre-dated the experience in Northern Ireland, said that they were sympathetic to the principles of individual registration, but concerned about practical implementation. I think it is very, very fair point.

  Q13 Chris Mole: Was that an approval of the rollover process that I though I detected there? I think the experience suggests that it is, as ever, the hard-to-reach groups which are the most likely to fall off the register. The Committee would be interested in hearing what strategies you have put in place to address that in Northern Ireland specifically. Did I hear you say you would welcome rollover coming back?

  Mr Younger: Interestingly, in the context of Northern Ireland, we had some scepticism about rollover in the initial system in Northern Ireland, because the great thrust of the Fraud Act was to tidy up and clean up the register and it would have been in conflict with that purpose. Looking at the register in GB, I think we would say that you do need to find some kind of rollover and link that to the question—

  Q14 Chairman: Explain "rollover".

  Mr Younger: This is not having a register which, as it were, starts from ground zero every year. In other words, people stay on it and only have to re-register periodically. In Northern Ireland, up to now, since 2002, if you do not re-register every single year, you are off the new register.

  Q15 Chairman: So are talking about rollover for a year, two years or for ever?

  Mr Younger: I do not have an absolutely fixed position, because these are the practicalities which we are getting into discussing now. I should have thought, in the context of GB, certainly not for ever. You need to have a way of cleaning up the register so that when people who, as it were, have not bothered to take themselves off because they have moved, gone away, whatever, you can do that.

  Q16 Peter Bottomley: Died?

  Mr Younger: Possibly. On the other hand, I think you need to have a period of grace. There is another reason, not just the fear of people dropping off the register, but also, and this relates to the promotion of getting people on the register, you have the issue that if you do take people off the register less frequently, in other words, you do not do the absolutely full 100% annual canvass, some of the resources that we currently use for what is effectively repeat business of not very high value could be diverted a little bit more into trying to reach harder-to-reach groups. You could focus maybe more on those, which is a slightly separate issue. The effort of going to, taking the example of Northern Ireland, a full personal annual canvass when a very high percentage are people who are staying in the same place, is where the use of that resource is not necessarily of great value by comparison with the other ways those resources could be used.

  Q17 Dr Whitehead: You mentioned a moment ago the recommendation that National Insurance numbers would not be necessary as far as individual registration in concerned in Great Britain. Why do you think that would not be necessary? In Northern Ireland various photo identity cards have been required and you make no mention of that as a possible individual identifier in Great Britain. Could you comment on that?

  Mr Younger: Yes, certainly. When we looked at the registration process and made our recommendations for GB, which we did in the early part of the 2003, we were not particularly looking at the model of Northern Ireland, we were looking at what would, in the context of the GB register, be useful and valuable security and other identifiers. We felt that the addition of a date of birth and a voter signature was quite sufficient for the purposes that we were after. That is the reason that we did not wish to do that in Northern Ireland. I am sorry, the second part of your question was . . . ?

  Q18 Dr Whitehead: The question of photo identity cards of various kinds. Four options were suggested in Northern Ireland.

  Mr Younger: Again, we were looking at the development of the registration requirements as a matter of remote voting and in a sense the voter identity card is not a requirement of the registration process, it is a requirement of going and voting in a polling station, if you do not have other designated photo identification in Northern Ireland. It does raise an issue that we have not looked at yet very hard, and perhaps we should, which is, in the context of polling stations, what sort of identification should be required, because the tradition in this country is not to require any identification. There is no doubt that in the context of Northern Ireland, the photo identification has been something which has, in the Northern Ireland context, improved credibility to some extent in terms of those going in to vote in polling stations being who they say they are.

  Ms Gordon: May I add something to that? We have also suggested that voters would be given a unique registration number for voting purposes. That obviously, looking to the future, would be an extra check and a vital check for any electronic voting, in the same way that the signature would provide for a cross-check based on a sample basis for postal voting. They are both security measures that we are suggesting. We have not thought it necessary to add the photographic evidence to those; not at this stage anyway.

  Q19 Dr Whitehead: If you were in future to undertake individual registration by telephone or internet, you would not at that stage have a unique registration number. How would you deal with the security and possible fraud implications as far as that was concerned?

  Ms Gordon: If it were introduced before there was individual registration? This is why we have seen the two things as needing to go together, because, for any form of electronic or remote voting, one is going to need to have identifiers which will be absolutely secure within whatever system is available. How one would do that outside individual registration becomes much more complicated, much less easy to see.


 
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