Select Committee on Procedure Minutes of Evidence


Examination of Witnesses (Questions 80-99)

MR TOM STEINBERG AND MR TOM LOOSEMORE

16 JANUARY 2008

  Q80  Mr Chope: Why are they political? Basically because it is the Government, one view from the Government and the Opposition and other points of view do not get a look in. What we are talking about is a much more refined system where you have got 650-odd Members of Parliament, each with their own particular take on a matter, and each of them eager to be able to engage with their constituents on that particular issue, so you might end up that although you have one petition on one subject, you might have 650 different responses. That is why this system, a full-blown e-petitioning system which involves giving Members of Parliament the opportunity to engage personally with people who have petitioned, as well as perhaps ensuring that the Government whose representations have been asked for by a Member of Parliament in the form of a petition, that they can all have their input into the responses. That gets into all sorts of data protection issues and things that we are coming on to discuss in a minute, but in the Australian Parliament they have got a system where at least you can use email as a means of petitioning your Member of Parliament and thereby the Australian Parliament without all the other complications that are involved.

  Mr Loosemore: Email is a valid mechanism for communicating with your representative, but it is fundamentally a private communication, it is not a public statement of your view as a constituent on an issue. I would agree that the mechanics of the way Parliament works and represents people is predicated on a geographically constrained world with its geographic constituencies and big national issues that are not constrained by your constituents' borders present a challenge to the way Parliament is constructed. My view is that you are better off finding a locus for people's frustrations and opinions, a single locus, rather than dissipating them through 650-odd MPs, purely from the mechanics of numbers but also people feeling that they have had their voice heard in public in a matter of scale. If they are one of those four or five most voluminous e-petitions every year and they get represented in Parliament; that is a big deal for them. It is quite hard to get that mechanic working if you also use email to contact an MP.

  Q81  Mr Chope: If you have got the person who signed the petition and that is passed on by the Member of Parliament to the Government and the Government responds in a way that an MP does not like, he thinks the Government has got the wrong end of the stick, the Member of Parliament then wants to communicate directly to the petitioner and say the Government's response is this but, frankly, it is wrong in the following material respects. How are we going to be able to ensure that that happens under this system?

  Mr Steinberg: This is a really good question and this is exactly why I would say that if I was in this kind of new generation of MP trying to work out how the system could work for me I would want to know about the writing back part. There are several different ways you can do this: one, when somebody signs up you could actually just say "Would you like to opt-in to getting a reply, not just from the Government but also from your own constituency MP on this issue, yes/no?" You could design a system where they had no opt-in, where you simply said "If you are going to sign this petition you consent to getting a reply from your constituency MP as well as from the Government." However, because there are so many possible people who might want to write back I would encourage the following way of handling this problem. Mail people who signed a petition with a mail that says "There are three new responses that have come in from this petition, one is from the Government, one is from your constituent and one is from one of the political parties, go to this page and read the different ones." Apart from anything else that would help educate the public that there are different views on issues, that issues have different sides, will help engage people on an issue, and it will help all of you see the benefit in terms of being able to communicate with constituents on a lot of different issues. You can design the system so that it will not irritate citizens, so that they will really see the value and you will get to talk to far, far larger numbers of them than you ever could using a system like the one in Australia.

  Q82  Chairman: I suppose one way of handling that would be to require a postcode in each case.

  Mr Steinberg: Yes.

  Q83  Chairman: And then at some point to notify a Member of Parliament that a constituent or constituents of his had signed the petition and did he want to respond by email.

  Mr Steinberg: That is exactly right.

  Mr Loosemore: You could even go further and say only send an email to an MP if five people in their constituency had signed the petition to manage the volume.

  Chairman: Although if you are an MP with a majority of five you may decide you want to answer each one. Christopher, anything else?

  Q84  Mr Chope: You were saying earlier that you thought the number of signatures could be significant in terms of triggering a debate and so you see the number of signatures on a petition as being worth emphasising, notwithstanding the scope that there is for people to fiddle the numbers and get large block transfers of signatures.

  Mr Loosemore: It is far easier to fake a physical signature than it is to fake a system like for Number 10; you would need an awful lot of personal email addresses to fake the Number 10 system. I would worry less about block voting and fakery issues. There is a sense of scale and momentum that is important to people when they choose whether or not to invest their time in expressing their opinion, so I would be very, very much in favour of illustrating which petitions have got scale and which have not. The duplication issue is an important one to manage such that if you do get a widespread number of petitions on similar identifications you pick on one and point people at that, which is the way Number 10 does it.

  Q85  Mr Gale: I can understand if you think I am terribly negative about this, but we are trying to get to grips with where the pitfalls might be. Members of Parliament are knee-deep in parliamentary graffiti as it is and one of the things that is a waste of time really is what has become known as the postcard lobby—I happen to be opposed to fox hunting but the anti-hunt lobby did it in a big way, SPUC (Society for the Protection of the Unborn Child) do it incessantly—and we get fistfuls of postcards. SPUC have a membership, which in their case is largely a church-based membership, and it is very easy for them to punt out an instruction, for want of a better word, to their membership. Every Member of Parliament in this place, of whatever political party, gets reams of stuff where an address is filled in, the name is filled in, and sometimes you can even tell that the person who is signing it has not actually even read the thing, it is just, oh yes, that is one of those, sign it and send it in. Somehow we have to try, if we are going to make this work in the way Mr Steinberg would like to see it work, which would enable us to genuinely interact and respond, to find a way of filtering in shorthand the union block vote.

  Mr Loosemore: Those kinds of responses you value—quite rightly you could argue—far less than you would an individually typed letter or a written letter, but try and encourage people to use petitions instead. It is not to say that they are not valuable as part of the democratic process, they just signify a lesser investment that someone has made in engaging with the democratic process. I might be sent something I completely disagree with just because it has landed on my doormat or come in an email, it is just a question of the value you place on it. I would agree that the value of someone signing a petition is less important than someone who has invested the time to craft a letter to you, but it is not valueless and in aggregate if you get thousands, tens of thousands, millions, there is a meaningful thing being said to you in aggregate.

  Mr Steinberg: I was talking with friends in Congress last summer who have email problems that make those of MPs look tiny, all getting huge volumes of mail, huge amounts of it generated by campaign groups where the same email is sent to 50,000 different people at the click of a button. We came to realise that a phase two thing that you can do if you have a good working petition system, if you built it right in the first place, is that you can update your email system. Leaving aside the debates about PICT—the Parliamentary email system is separately in need of an overhaul—if you have children they have probably got 20 or 30 times the space to store the emails that you do, and that is something that needs doing because they are not even paying for it. If you get a good email system, that can integrate really nicely. That is jargon; what I really mean is this user case: someone sends 10,000 mails that are exactly the same from 10,000 real constituents, and they can get into your inbox, they can be caught on the way into your inbox and all the people who have written them can get a reply that says we think this is just the same as 9,000 other people, click this button and we will turn this into a petition. Then you will get the same engagement, you will not get the mail and you will get the mail you can cope with, and the constituents may be more content because they will be more aware that they are part of a big thing whereas when you send a postcard you are not. That is very much phase two, I do not want to confuse anyone saying that is in the core specification, but a good petition system can, in the long run, dramatically decrease and deflect a lot of this kind of cut and paste mail you get.

  John Hemming: I do not entirely agree with Roger about the fact that parliamentary graffiti is a complete waste of time; there are various levels of it and it does at least give you some indication. The challenge is one of to what extent is somebody standing at the door, forcing people to sign things as they go out, collecting all the things centrally and sending them off as opposed to what would happen with the authentication of the email address where you get a return email and you authenticate that, which is the strength actually of an e-petition system because you know that somebody in the privacy of their home, on their mobile or whatever it may be has had to go through a process to sign the petition, which is very good. On this issue of email and the PICT space, I am lucky to be one of the few MPs who have a broadband account on Parliament so I do not use PICT so I do not have the stupid limitations of how much email I can store, which is quite useful, so there is a way round that. It is slightly expensive but not very expensive. Some people support the World Wildlife Fund or whatever it may be but I do think that this mechanism where people have to do something themselves, they cannot just have it all done centrally, is better. You get the emails through your organisation that they write for you—everyone has had the police ones I am sure, have they not—will you sign these EDMs about the two per cent increase—there are all these different things, but I think there is a role for that, I do not think that is a complete waste of time, it does give you some indication of support but I do think the e-petition process is better because you are requiring somebody to do something for themselves and you cannot just have a situation where everyone leaving a building is required to sign something or, as the unions often do, just write their union members' names on something and send it in without the union members being involved.

  Mr Gale: My understanding is that Mr Steinberg is saying is that that is exactly what has happened in America where an organisation does block vote but collects—

  Q86  John Hemming: They collect the emails and send from them. You can actually track that in the RFC822 headers anyway—you can if you know what you are doing and you look at that sort of side of it, but that actually is sending the email out, purporting to be that person, when actually it is the central organisation doing it. We have not had that.

  Mr Loosemore: The mechanism which is in place for Number 10 which is in place for all the mySociety projects and is easily best practice provides you with more than adequate defence against even the existing behaviours in print of people gathering support where actually people have not thought about it and actively opted in to signing that petition, but validating via email is a very effective means of doing it for now—it may change in the future because people are clever. I would say I am disappointed to hear that you get copy and paste messages via mySociety services because mySociety and myself in previous guises put a lot of effort into catching it before it is sent to you, saying to people please do not copy and paste identical messages; we have caught you doing it, write your own message. For me the actual thought-through correspondence with an MP is sacrosanct and we need to find other mechanisms via the Internet and e-petitions are important.

  Q87  Rosemary McKenna: One of the issues that people are concerned about is the data protection of the information that people would have to put on. What would you think are the basic requirements for any petitioning system and what are the pitfalls that would attract your criticism?

  Mr Steinberg: The basic requirements are that people's personal information about their address, their email address and so on, is protected very firmly, cannot be got at, cannot be looked at, cannot be lost in the post on CDs and that it is destroyed when it is no longer necessary. Petitions are a little bit unusual in data protection terms because they are explicitly public, they are like the opposite of medical records, you are doing it so everybody knows, but there are parts of your petition such as your street address or your postcode that do not have to be included and, not only should they be protected extremely carefully, but they should be destroyed. When it comes to mailing people back I consider it very important that whoever is given the right to mail back, whether that is the Government, whether that is a party, whether that is a Member, they should not be given the email addresses or the personal addresses of the users, instead they should be given an ability to type a message and press go and know that that will go to all the people. That is what Number 10 have, they not only are not the legal owners of the information, mySociety is, but they do not have actual access to millions of email addresses.

  Q88  Chairman: You think we should resist pressure if we get pressure from individual Members to have this information, a constituency MP should be able to respond but he is responding without having the data basically.

  Mr Steinberg: You should bow to or listen to their pressures to have the right to respond and the ability to discuss things too; as I said before, that is really important. If they just want the email addresses or the postal addresses, then no. There is another user I failed to mention.

  Chairman: I am sorry, there is a division on the floor of the House of Commons; I will therefore suspend the Committee until four o'clock.

The Committee suspended from 3.47 pm to 3.58 pm for a division in the House.

  Q89 Chairman: I interrupted you in mid-flow, do you wish to continue?

  Mr Steinberg: Yes, if I could make one change to the Number 10 site it would be to allow the people who have made petitions to write back to the people who then sign them. The reason I think this has value is there may be at any one time in Britain 20,000 people who care about a certain issue. The chance that they know each other, the chance that they are even part of an organisation that labels them is very, very small, but when they come together on a petition they are together in a unique one-off way and it seems a real shame that that cannot currently be used to crystallise essentially new social movements—the group of people who are effectively the campaign group for a new issue that did not exist yesterday. The last couple of hundred years of British political life has shown that we are better off when these groups are strong and vibrant and lively and part of the political discourse, and I would like to think that Parliament, as well as facilitating alliances and groups and politics within this building might also enable the same formation and campaigning of groups out there, and that can be done at the very minimal level of adding the petition creator to the list of people who may have access to write to the people who sign it.

  Q90  Rosemary McKenna: Not with their details but by the click of a button.

  Mr Steinberg: Yes, again not being handed all their private information, merely the one-off chance.

  Q91  Rosemary McKenna: I presume to see if you wish to be involved in forming a group, come back.

  Mr Loosemore: Click this link.

  Q92 Chairman: Does that not have huge political implications? Would it not encourage every selected candidate for a party other than the party that holds a seat to take an electronic petition in the knowledge that they could then, particularly if it were a local issue, have a free mailshot back to people living within that constituency on an issue where they could then attack the sitting MP?

  Mr Steinberg: You can of course change your terms and conditions of use to affect who is allowed to use your petition site and what for, but sometimes we are concerned. We allow, for example, MPs to use our tools to effectively communicate with the public in a way that we do not allow people who are not elected, and that sometimes seems a little unfair on those people who are not. I imagine you would have to tweak your terms and conditions so that the use was grown up and so that most of these things really were, just like many of the people who set up petitions on the Number 10 site and get loads of signatures, they are just people who strike a chord with the country, they are not part of campaign groups, they are not political experts, they are just someone who happens to have realised and expressed something that many other people think. I would very much like that as a feature and I put it down I suppose as a challenge.

  Mr Loosemore: I would just state that with something as revolutionary as the Internet in terms of what it does to support, you will always be able to find edge cases that seem appalling to the point of seeking to maybe not do something. The way to deal with them is as they come along and make sure your processes are iterative, and I would stress again that possibly the right way to approach that kind of edge case is not to come back up to the Committee to work out how it should happen or if it happened in one instance, but it is to give someone responsibility to do their best to manage that process and every six months have them come back and say we have hit this issue, someone is in an edge case doing something that does not feel right, here is our proposed response, yes or no.

  Q93  Chairman: Before our break you both said that you prefer a system where the constituency MP is given an opportunity to respond and he does so blind, i.e. without the data, and the House authorities would send the email for him and he would not see to whom it was going. Are you saying you would not even want an opt-in box on that issue and if so why? For example, what would be wrong with having a tick-box on the web page when you signed the e-petition to say "Would you like your MP to have your email details so that he/she can contact you on other issues"?

  Mr Steinberg: I actually do not see anything very wrong with that as long as it is very definitely an opt-in. However, if like me you spend half your life making sure you have not ticked those boxes—

  Q94  Rosemary McKenna: No junk mail.

  Mr Steinberg: Yes. In the discussions on the technical design of the Number 10 site there was that opt-in/opt-out question and we thought that the right response was you cannot opt out, you will never get more than two mails, so there is quite a lot of conversation but it ends, and in most cases Number 10 only sends one mail, but it is possible, these things are all possible and as Tom says they should be approached in an iterative way, and if it does not work after three weeks it should change.

  Mr Loosemore: I would just stress one warning about people's email addresses in particular. Any perception that constituents may have that this is a means of anybody—be they an MP or otherwise—collecting a list of email addresses is a risk. Even if you have the most honourable intent, in perception terms that is a risk, they will think "Oh, it is my MP collecting a list of emails so they can spam me"; it is a response you want to avoid.

  Q95  Sir Robert Smith: On this suggestion where the petitioner could use the system too to contact, it would have to have quite a strong health warning that in no way did Parliament endorse it, that the person was responding then to that on their own terms and involvement.

  Mr Steinberg: There needs to be a health warning anyway because when the Government responds that is not Parliament responding.

  Q96  Sir Robert Smith: We are used a lot to postcard campaigns as a data-mining exercise for lobby groups. The postcards comes to ask you to sign an EDM and that way the lobby group collects data from people interested in the subject. Similarly, presumably, the site then might become quite a data-mining site, not just for MPs and not just for candidates but also for commercial organisations—if we put a petition up on this site we are going to get a hit of people who we can then contact. Maybe that is not a bad thing.

  Mr Loosemore: Fundamentally, if people care about an issue they care about an issue. If you do not have an issue that resonates then you will not do it. My personal view on the case of letting the petitioner email back is that it is a loss if you do not facilitate that. From personal experience in a couple of campaigns that I have cared about and signed a petition I would have loved to have contact, but it is one I would want to watch closely during the iterative development to see what are the edge cases.

  Q97  Mr Chope: I am concerned about the idea that MPs will be responding to a petition without knowing the address of the people to whom they are responding because, for example, you might have rival petitions, one calling for the closure of a school and another petition for the retention of that school, and those petitions are going to be impossible for an MP to deal with unless he knows whether the people who signed the petition against the closure of the school are people who are within its catchment area and are not directly affected, or whether they are people from another school who have an ulterior motive. Do you think there is any way in which you could distinguish between the petitions that are about area specific issues and national issues? For example, a petition about Iraq or the Iraq War, it would not really be so significant for an MP to know exactly the location of the people who signed the petition, but that would be a national petition whereas the other example I gave was of a local petition.

  Mr Steinberg: I would say you should capture the postcode of everybody who signs up precisely because it can tell you who they are a constituent of and whether they are all in one area or not. I believe that you can answer that question about the catchment area and questions like it without revealing their private data because if you provide a nice system the system ought to be able to tell you 16% of these people were inside the catchment area of the school and 70% were not, and that could be provided to you without you actually having to know. Remember, of course, that people's names on petitions are public so you are not actually responding completely blind and if you know any of the people there you will have an impression just from their names.

  Q98  Mr Chope: The system will have to enable the Member of Parliament to be able to find out that sort of detailed information.

  Mr Steinberg: Yes, and I actually think that is entirely reasonable. Another example is it would not at all be difficult to add a feature to the system that would say show me whether the people writing this petition came from the richest fifth or the poorest fifth of areas in the UK; that is not hard to do.

  Q99  Mr Chope: Do you think you could restrict the petitions themselves to particular postcodes, so that unless you are within the postcode of the post office that is being closed you cannot sign the petition, otherwise it is pretty pointless?

  Mr Steinberg: It is technically possible; whether it would ever be worth that extra effort because I do not know how many people who live in Scotland are actually going to sign a petition about the post office in Devon, but these things are all possible up front.

  Mr Loosemore: I would just caution that you should be doing everything you can in my view to minimise the barriers and if there are consequences that you feel rogue, deal with them afterwards. The hardest problem of all to solve here is engagement with the democratic process and making the most of the opportunity the Internet gives to lower barriers should always be front of mind in my view. Restricting things to location is a barrier.


 
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