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Lord Glentoran: I thank the Minister for that explanation. We should also like to feel comfortable that the national insurance numbers used in the prevention of fraud will be checked out with the department responsible for such information. I thank the noble and learned Lord for his full response.
Lord Maginnis of Drumglass: Having received the letter from the Minister and having heard his confirmatory response in the Chamber, I am content to beg leave to withdraw my amendment at this stage.
Amendment, by leave, withdrawn.
[Amendments Nos. 2 to 6 not moved.]
Lord Glentoran moved Amendment No. 7:
- After Clause 2, insert the following new clause—
The noble Lord said: Amendment No. 7 relates to notifications of multiple registrations, and would make it an offence to "knowingly" falsify information when applying for registration in Northern Ireland. I believe that this is a key element in the fight against electoral fraud. It has long been the case that electors have been able to register at several addresses, provided that they were qualified to do so. Nevertheless, that was with the proviso of voting once only in a single election. To a certain degree this was left to the goodwill of the elector, though the "A form"—that is to say, the registration form—sets out quite clearly that it is an offence to vote more than once in a particular election. In most incidences it would be almost impossible to detect whether in fact a voter had voted twice; and would, therefore, be open to widespread fraud.
The registers can be checked after the ballot as to who has voted, but without an indication that, for example, Mr Smith of 9 The Glen is the same Mr Smith of 21 Acacia Avenue. If both vote at present, we would be none the wiser as to whether it was the same person. Therefore, under the threat of financial or custodial sanction, my amendment would require would-be electors to indicate that they have registered at another address. I should like to go so far as to say that they should be obliged to give the full details of that address wherever it may be within the United Kingdom.
It has often been said of Irish elections that voters "vote early and often". That quote was first used by Martin Van Buren in his Advice to Electors in 1836, and more often attributed to William Miles of South Carolina in a speech he made to the House of Representatives in 1858 where he stated:
We may not have been displaying that sentiment quite so boldly, but without knowing whether someone is registered on more than one register we have no way of knowing whether they have voted early or often. I hope that my amendment will help prevent
We welcome that answer. It will, I understand, apply not only to registering at two separate addresses without indicating at registration; it will also apply to trying to register. The penalty proposed by the answer given in the other place on 5th December 2001 is less than that proposed in my amendment, but we on these Benches would be happy to give way to that lesser penalty, albeit that this is a serious crime which eats into the foundation of our democracy. Nevertheless I must say that we are disappointed it has not appeared as an amendment to the Bill. Can the noble and learned Lord give me the assurance either that he will accept my amendment or that a similar amendment will be forthcoming on Report? I beg to move.
Lord Williams of Mostyn: I recognise that there is a well-founded concern here. My colleague, Mr Browne, has been in touch with a number of different parties and organisations to deal with it. I hope that my response is helpful. We intend to give the Chief Electoral Officer the power by regulation to require electors in Northern Ireland to indicate at registration if they are registered at more than one address. A question such as: "Have you registered at another address or do you intend to register at another address?" can be put to electors on application to the electoral register by regulation rather than by an amendment to the Bill. That is what we propose to do.
Under paragraph 1 of Schedule 2 to the Representation of the People Act 1983, regulations may authorise the CEO to require persons to give information required for the purpose of his duties as a registration officer. Paragraph 13 of Schedule 2 enables regulations to make it an offence to fail to comply with, or give false information in pursuance of, any such requisition of the registration officer as I have mentioned relative to paragraph 1. The noble Lord, Lord Glentoran, is right to say that we proposed a penalty not exceeding level three, which in Northern Ireland would be £1,000. Therefore, by giving the CEO the power by regulation to ask that question, any person knowingly giving false information will be subject to that penalty.
The noble Lord is also right to say that because of the measures in this Bill the entire electoral registration process in Northern Ireland will change towards the
The question on multiple registration will be included on the new individual registration form at this year's annual canvass and any person knowingly giving false information will be subject to a fine not exceeding level three. I hope that I have met the concerns of which the noble Lord has spoken in the past and that he regards it as a constructive response.
Lord Maginnis of Drumglass: Before the noble and learned Lord sits down, is he aware of the practice—steps have already been taken to curtail, if not to prevent, it— of people who live close to the frontier with the Irish Republic but south of the Border coming into Northern Ireland, assuming a Northern Ireland address and registering for a vote on the register? That practice is to some extent curtailed by the three-month residency requirement which is not something that is applied here in Great Britain. I believe that the rolling registration in Great Britain is intended to try to encourage more people to come to the polls. However, because of the likelihood of abuse, there is a three-month residency requirement for Northern Ireland. Yet that in itself is open to abuse if not properly policed. Can the noble and learned Lord assure me that within the canvass, and the basis on which it will be carried out, there will at least be some awareness that there can be an abuse of that kind and that perhaps the canvass form will be drafted in such a way as to make that abuse more difficult?
Lord Williams of Mostyn: I am grateful to the noble Lord, Lord Maginnis, for that point. I hope that I may take it on board and transmit it to officials to see whether I can give a satisfactory answer. I hope that I can. I am not aware of the extent of the fraud and I hope that I am not being complacent. Virtually every electoral registration system of which I am aware is capable of being interfered with, but I accept that we have to take every possible step that we can to make them foolproof. I shall do the best I can to research a fuller answer for the noble Lord.
"REGISTRATION: NOTIFICATION OF MULTIPLE REGISTRATIONS
(1) In section 10 of the Representation of the People Act 1983 (c. 2) (maintenance of registers: annual canvass) there is inserted—
"(5A) The information to be obtained by the use of such a form for the purposes of a canvass in Northern Ireland shall include an indication of any other address at which the person is registered."
(2) In section 10A (maintenance of registers: registration of electors) and section 13A (alteration of registers) of the 1983 Act at the end there is inserted—
"( ) An application for registration in respect of an address in Northern Ireland shall include an indication of any other address at which the person is registered."
(3) Any person knowingly giving false information in response to any requirement of this section is guilty of an offence with liability on summary conviction to—
(a) imprisonment for a term not exceeding six months; or
(b) a fine not exceeding level 5 on the standard scale, or both."
"'Vote early and vote often', the advice openly displayed on the election banners in one of our northern cities".
So that is not something new.
"My hon. Friend is right to acknowledge the importance of combating electoral fraud in Northern Ireland to the stability of the political institutions there. On multiple registration, he will recollect that, on Third Reading, I undertook to consider whether there should be a requirement in Northern Ireland for those seeking to register to advise the chief electoral officer whether they were already registered or had tried to register at another address. I can now confirm that I intend to give the chief electoral officer powers to ask those questions during the canvass, starting in autumn 2002. Any person who knowingly gives a false answer to that question will be liable for a fine of up to £1,000".—[Official Report, Commons, 5/12/01; col. 319.]
4.45 p.m.
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