government response to pre-legislative scrutiny and public consultation on individual electoral...
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Contents
Forewor 5Executive Summary 7Itrouctio 9Respoig to the Committee a Cosultatio 11Aitioal cosultatio resposes Iiviual Electoral Registratio 35List of respoets 44
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Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law 5
Foreword
Last Jue we set out our proposals for improvig the electoral system through the itrouctio of
Iiviual Electoral Registratio (IER) i Great Britai.
As we sai the, the electoral register is a key builig block of ouremocracy.We see both registerig
to vote a votig as civic uties a we strogly ecourage people both to register a to vote.We
publishe our proposals for cosultatio a for scrutiy by the Political a Costitutioal Reform
Committee because this is a vital part of our emocracy, so we wat our plas to be teste, a we
wat to be sure that the choices we make o the costs a beets of the optios ope to us are well
iforme.We are grateful for the feeback that we have receive ot oly from the Committee, butfrom everyoe who took the time to respo to our White Paper.
I aitio to puttig our proposals out for testig, we have actively sought eviece from a rage of
other sources to iform policy evelopmet.
The research we fue the Electoral Commissio to uertake has uerlie the case for reform
of the way people carry out their civic uty of registerig to vote.We commissioe a literature review
of research i this area from dr Stuart Wilks-Heeg, a respecte acaemic, which is publishe alogsie
this paper a as further to the eviece base which iforms our ecisios.
We have pai attetio to the lessos leare from the experiece of norther Irela icluig theimportace of carryig forwar electors who have ot registere uer the ew system i the rst
cavass, a their excellet work i registerig ew voters icluig workig i partership with schools
to ecourage youg people to register.
A we have ru a series of pilots of ata-matchig, where the commitmet, professioalism a
eicatio of the Local Authorities ivolve i the 22 pilots has give us a huge amout of iformatio
about how this process coul work i Great Britai, a we are grateful to all those who took part.We
look forwar to both the Electoral Commissios evaluatio, a to further pilotig work with more
authorities urig 2012.
We set out here our respose to both Pre-Legislative Scrutiy a the Cosultatio, a we also set
out our respose to the Committees recommeatios relatig to the Electoral Amiistratio
proposals publishe last year.
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6 Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law
The priciple of itroucig IER was wiely supporte, a i respose to the feeback we receive o
our proposals for implemetig it, we are proposig a umber of key chages to our policy. I particular
we wat to esure there are more safeguars i place to esure as may eligible people as possible stay
o the electoral register urig the trasitio a that we ca focus o those people eligible to vote butmissig from the register.We therefore ite to:
Simplify the trasitio to IER for most citizes by usig data Matchig to corm the accuracyof the majority of etries o the electoral register;
Move the cavass i 2013 from the autum to the sprig of 2014 so that there is a more upto ate register to use for trasitio; a,
Publish alogsie this ocumet a high-level implemetatio timelie settig out the key stagesof the trasitio timetable.
We believe these chages, alog with the others outlie i the paper, will sigicatly stregthe these
proposals.The full respose to the Political a Costitutioal Reform Committees report a the views
expresse urig the public cosultatio o our White Paper a raft legislatio are set out below, but
they are ot our al wor o the subject.
As we cotiue to ree our proposals ahea of itrouctio of legislatio later this year, we will
cotiue to work closely with stakeholers to further iform our thikig a evelop our proposals.
We have listee a leare, a we shall cotiue to o so.
Rt Hon NICK CLEGG MP MARK HARPER MP
Deputy Prime Minister Minister for Political and
Constitutional Reform
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Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law 7
Executive Summary
1. There was wiesprea support for the priciple of itroucig Iiviual Electoral Registratio (IER)from both the Political a Costitutioal Reform Committee (PCRC) a those who respoe
to the White Paper.The Electoral Commissio (EC) escribe IER as a importat improvemet
i how people register to vote a the PCRC ote i their report that the three largest political
parties all cotiue to support the priciple of iiviual registratio.There has also bee
support for roppig the volutary phase. For example the Liberal democrat Parliametary Policy
Committee o Costitutioal a Political Reform ote that the phase woul have prove costly,
without proviig the beets of a full IER scheme.
2. The Committees report a cosultatio resposes iclue recommeatios o theimplemetatio of IER, i particular i relatio to registratio as a persoal choice; the impact o
groups most at risk of fallig off the register; the impact o registratio rates; the propose cavass
arragemets for 2014; abset votig; resources; a ata matchig.
3. This respose aresses the Committees recommeatios a etails the policy evelopmetwhich has take place sice the publicatio of the White Paper.
4. We have listee to the feeback expresse about elemets of the Govermets proposals, otleast the perceive risks to the completeess of the electoral register, a are proposig to make
a umber of key chages to the proposals iclue i the White Paper.The major chages to thepolicy positio are as follows:
Over the past year we have carrie out a series of ata matchig pilots, comparig electoralregisters i twety-two areas with a rage of ata from public authorities.While the al
evaluatio is still beig coclue, the eviece so far suggests that comparig etries o a
electoral register with iformatio hel by the depar tmet for Work a Pesios (dWP)
allows us to corm as accurate a sigicat majority (a average of two thirs for that ata
set aloe i the pilot areas) of etries o the registers cocere.
Subject to the results of the full evaluatio, a further testig this year, we are therefore
mie to buil o this to simplify the trasitio to IER for the majority of electors. It is ow
our itetio that the ames a aresses of all iiviuals curretly o a electoral register
will be matche agaist the ata hel by public boies such as the dWP a local authorities
themselves. If a electors iformatio ca be matche, the iiviual will be automatically place
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8 Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law
oto the ew IER register a woul ot ee to take ay further actio to be registere
uer IER. Oly those people who caot be corme automatically will be ivite to provie
ietifyig iformatio to be verie.This shoul simplify the trasitio process for the majority
of electors, reucig the umber of people require to provie persoal ietiers a willalso allow EROs to free up resource to target the smaller group of people whose iformatio
caot be matche a those who are curretly missig from the register.
We have listee to cocers that there is o full househol cavass i 2014.To esure thata more accurate a up to ate register is use as the basis of the ew register we are also
plaig to elay the aual cavass i 2013 to the early part of 2014.
We have mae other chages to try a simplify the amiistratio of IER, icluig alterigthe proposal to issue a Uique Ietifyig number (UIn) to activate olie registratios, a
chagig the policy so that the alterative vericatio methos will oly be available to those
who are uable to provie a natioal Isurace number.
The White Paper also set out our itetio to eable electors to respo to a ivitatio toregister by iicatig that they i ot wat to register at that time a i ot wat to be
set further ivitatios to register util the followig cavass perio. It remais our rm belief
that registerig to vote is a civic uty; we have take ito accout the cocers raise by the
PCRC a those who respoe to the cosultatio about the possible impact this up frot
opt out coul have o registratio levels. As we mae clear last year, we are mie to ame
this provisio a ite either to retai the opt out but require a perso wishig to o so to
complete a separate applicatio, or to etirely remove this optio altogether.We will cosier
these carefully a set out the preferre approach whe the al legislatio is brought forwar.
There has also bee wiesprea iscussio of whether it shoul be a offece for a iiviualot to register to vote whe ivite to o so. despite the strog feeligs expresse i the
cosultatio o this issue, our view is that the eviece is ot coclusive that itroucig a ew
crimial offece will make ay sigicat ifferece to registratio levels, or o we feel it is
appropriate that we use the threat of a crimial offece to promote greater egagemet i the
electoral process. However, there are argumets for a agaist itroucig a civil pealty for
o-respose to a ivitatio to register, a some importat practical implicatios o how ay
such system shoul work which woul have to be resolve before eciig o whether to take
this approach.We will also cosier how such a approach sits alogsie the possible optios
o the opt-out with our key stakeholers a will set out our ecisio o this i the al legislatio.
5. We believe these chages will sigicatly stregthe our proposals.The full respose to thePolitical a Costitutioal Reform Committees report a the views expresse urig the public
cosultatio o our White Paper a raft legislatio are set out below. I a umber of areas we
cotiue to ree the etail of our proposals, a we will use the Committees recommeatios
a the cosultatio resposes to iform our thikig. I aitio we set out the Govermets
respose to the Committees recommeatios o our propose chages to electoral
amiistratio.
6. Alogsie this respose we are also toay publishig a implemetatio timelie which sets outthe key stages of work across the trasitio to IER this will form the basis of the work Cabiet
Ofce will ow carry out i partership with the Electoral Commissio, with Electoral Registratio
Ofcers a electoral amiistrators, a others to brig about this sigicat chage.
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Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law 9
Introduction
7. We welcome the Committees report a all of the feeback we have receive i respose tothe cosultatio.We have receive wiesprea suppor t for the priciple of IER, icluig from
all of the mai political parties; however cocers have bee raise relatig to aspects of the
implemetatio of the policy.
8. Throughout the cosultatio process we have cotiue to meet with those with a iterest i thepolicy, particularly the Electoral Commissio, the Associatio of Electoral Amiistrators, a the
Society of Local Authority ChiefExecutives.We welcome this iput very strogly a will cotiue
to work with them as we implemet these proposals.
9. This paper sets out our respose to each of the Committees recommeatios a key issuesraise i the cosultatio.
Simplifyingtheprocessforcitizens10. Sice the publicatio of the White Paper we have bee cosierig aitioal ways to esure
the completeess of the register a to simplify the applicatio process for as may electors
as possible urig the trasitio from the curret system to the ew system.Twety-two ata
matchig pilots have take place where electoral registers have bee compare with a rage of
ata from public authorities.The table below shows the match rate (that is the percetage ofames a aresses o the electoral register that match agaist aother atabase) for the 10 pilot
areas that matche their whole registers agaist the dWP Customer Iformatio System (CIS).
These pilots have bee selecte, as matchig whole registers, rather tha selecte wars, accouts
for variatio withi the area while givig a better a more accurate picture of what the average
match rate woul be.This table shows that matchig just agaist dWP CIS shows that a average
of 66% of etries o the Electoral Register ca be corme to a sufciet egree of certaity
that we ca verify a iiviuals iformatio as accurate.The match rate clearly varies accorig
to ifferet emographic proles a populatio turover, a a more comprehesive picture will
emerge whe the full evaluatio is publishe, but the patter so far is cosistet.
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10 Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law
Area Match rate against DWP CIS (%)Came 52.6Colchester 70.0Forest Heath 64.9Greewich 65.2Lothia Valuatio Joit Boar 69.5newham 49.6Stratfor-o-Avo 77.1Tower Hamlets 49.6Wiga 78.4Wolverhampto 72.3Total 65.7
11. It is our view that this ig, if corme, opes up a sigicat opportuity to simplify theprocess of trasitio to IER. Our proposal i the White Paper was that all electors will be aske
to apply iiviually i 2014-15 a provie ietiers which will the be verie agaist the
dWP CIS. Istea, our view is that if ata matchig coul be use to verify the majority of etries
curretly o the electoral register as these results suggest, a majority of people ca be trasitioe
ito IER without havig to take ay further actio. Each etry woul still be iiviually verie
but without requirig a iiviual to provie ay extra ata.We believe that this will simplify
the trasitio for the majority of people, reucig the ata bure (so less ew persoal ata is
require) while proviig assurace about the accuracy of the register. It will also eable more
focus o electors missig from the register.
12. The Electoral Commissio (EC) will publish a exteral evaluatio of the ata matchig pilots by1
stMarch. Subject to the results of this evaluatio, we are mie to pursue this approach.This
is a sigicat chage to the positio i the White Paper.We will cotiue to iscuss this with
stakeholers ahea of the itrouctio of legislatio.
Simplifying the transition to IER for citizens
The White Paper approach is that all electors will be require i 2014 to re-apply to register,
provie persoal ietiers, a have these ietiers verie agaist the dWP Customer
Iformatio System (CIS).Uer the alterative propose here, i 2014, all electoral registers will be cross matche agaist
truste public ata sources.
Those citizes whose etries o the register ca be iiviually matche will be corme as
etries o the register a ee take o further actio.
Those iiviuals whose iformatio caot be matche will be ivite to register iiviually
usig the process set out i the White Paper.
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Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law 11
Responding to the Committee and Consultation
13. Committee recommendation 1: We welcome the fact that these proposalshave been published for pre-legislative scrutiny by us, as well as for wider
consultation.
14. We welcome the time the Committee has spet reviewig the proposals a are grateful to allthose who have respoe to the cosultatio. We have listee to this feeback a take it ito
accout as we have further evelope the policy.We look forwar to cotiuig to work with
Parliamet a stakeholers as we evelop more etail with regar to implemetatio.
Theoptoutandoffences15. Committee recommendation 2: We welcome the Governments acknowledgment
that care needs to be taken not to make it too easy for people to opt out
from what is still regarded as a public duty, even under the Governments
current proposal that failure to register to vote should not be a criminal
offence. We urge the Government to take the necessary steps in this
direction in the Bill.
Consultationresponses16. The Electoral Commissio (EC) a Associatio of Electoral Amiistrators (AEA) alog with
other respoets to the cosultatio icluig members of the public, Electoral Registratio
Ofcers (EROs), local authorities a Political Parties have raise cocers regarig the so calle
opt out i particular that it will lea to a eclie i registratio rates with those groups who are
curretly uer represete o the register beig affecte most. Cocer was also expresse
by oe local authority that the public will be cofuse to lear that they must respo to a
Househol Equiry Form but ca choose ot to be chase to provie a IER form.
17. The AEA has also expresse cocers about the opt out a has raise a umber of relate issues,icluig the impact o makig house to house equiries uer sectio 9A of the Represetatio
of the People Act 1983.
18. I aitio to cocers about ecliig registratio rates, cocers have also bee raise aboutthe wier implicatios icluig the impact o juries.These cocers stem from both the potetial
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12 Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law
for a reuce register to lea to a eclie i how represetative juries are, a also a fear that
some electors may choose ot to register to vote to attempt to opt out of jury service.The EC
also highlight that electoral registers are the basis for other importat civic proceures, icluig
rawig war a costituecy bouaries, selectig juries, prevetig a etectig crime asupportig the creit referece process.
Governmentresponse19. The Govermet uequivocally believes that registerig to vote is a civic uty. It is also committe
to esurig the maximum umber of eligible people appear o the register a will cotiue to
ecourage iiviuals to register to vote. As outlie above, we are mie to simplify the process
of trasitio to IER which shoul help esure the completeess of the register urig that time.
We are also lookig at how we ca make it more coveiet for people to register to vote as well
as improvig the completeess a accuracy of the register.
20. The White Paper propose that a iiviual woul be able to respo to a ivitatio to registerby iicatig up frot that they o ot wish to receive further ivitatios to register util the
followig cavass perio.This proposal was itrouce to eable EROs to eicate resource
to those who are ot curretly o the register or ee aitioal support to complete the
registratio process rather tha o those with o esire to register. By iicatig that they i ot
wish to receive further ivitatios util the followig cavass perio, the iiviual woul ot be
able to express a preferece to permaetly opt out of the register. Optig out also woul ot
prevet the iiviual from chagig their mi a makig a proactive applicatio to register at a
later ate withi the lifetime of that register.The opt out provisio coul oly be exercise by a
iiviual i respose to a ivitatio to register, ot i respose to a Househol Equiry Form
(HEF) or ay other request for iformatio from a ERO; it also woul ot i ay way chage the
offece for ot respoig to a request for iformatio from a ERO (a summary of offeces is set
out i the box below). It woul ot create a ability for iiviuals to apply to be remove from
the register.
21. As iicate by the deputy Prime Miister a the Miister for Political a CostitutioalReform, we are recosierig this issue i the light of the respose to the cosultatio a
recommeatios of pre-legislative scrutiy a i particular cocers that the ease with which
a potetial elector coul opt out may sigicatly reuce the level of registratio.There are two
optios curretly uer cosieratio which woul aress these cocers.
22. The rst approach is that a iiviual retais the ability to iicate that they o ot wish to beaske to register agai urig the cavass perio however this is subject to a umber of requiremets.
Istea of beig able to opt out o a form set with a ivitatio to register, a iiviual woul
ee to complete a separate applicatio (which coul be owloae or requeste from a ERO
or by atteig a electoral ofce i perso) to iform their ERO of their ecisio.This form woul
highlight the cosequeces of optig out a woul esure that a auit trail is kept of the ecisio
to opt out, i the evet that the perso later claims ot to recall havig aske to o so.This woul
aress the cocers that it woul be too easy for electors to opt out a give rise to isputes about
whether a iiviual ha i fact exercise this choice.
23. Certai other limits woul be place o this.Takig ito accout the cocers that a opt out mayimpact o the umber of people available for jury service we woul look to esure that those
recore as optig out of registratio cotiue to be eligible to carry out jury service.
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24. The other optio uer cosieratio is to remove this choice altogether.This woul mea that ifa iiviual is ivite to register to vote, they woul have o optio to iicate that they o ot
wish to register to vote for the lifetime of that register.
25. Retaiig a amee opt out woul retai the ability of people who have a strog view aboutot registerig to vote to exercise this choice.This woul also eable EROs to ietify those who
eitely o ot ite to register a to irect resources towars those requirig aitioal
support a those ot curretly o the register. Requirig a specic applicatio woul help to
esure that oly those iiviuals who make a clear a coscious choice to opt out woul o
so, reucig the risk of a impact o registratio rates. Gettig ri of the opt out altogether woul
reuce the risk of ay reuctio i the register still further, a avoi ay ee to amiister ay
ew process of applicatio for a opt-out; it is likely however that those ot wishig to register
woul just refuse to submit a applicatio.
26. Both of these optios are uer careful cosieratio a we will set out our preferre optiowhe al legislatio is brought forwar.
27. Committee recommendation 3: We recommend that it should initially bean offence to fail to complete a voter registration form when asked to do so
by the relevant ERO. This should be reviewed after ve years of operation
of the new system of individual registration, by which time registration
levels may be high enough and a culture of individual registration sufciently
embedded for compulsion no longer to be necessary.
Consultationresponses28. May cosultatio resposes also expresse cocers that this will lea to a sigicat fall i
registratio rates, which i tur will lea to a surge of applicatios close to the 2015 Geeral
Electio.The Society of Local Authority Chief Executives a Seior Maagers (SOLACE) ote
that although sactios are rarely use, we believe that the threat of sactio is a strog motivator
which persuaes may people to retur their aual cavass form.The AEA also ote that the
volutary ature of IER affects the eitios of completeess a accuracy.
29. The Labour Party expresse the view that there may be a case for chagig the pealty for failigto retur a registratio form, but there seems very little basis for removig it altogether.
30. A umber of respoets, icluig the EC a the AEA propose a alterative approach theuse of a civil pealty for failig to respo to a ivitatio to register.
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Offences relating to electoral registration
It is ot curretly a offece ot to appear o a electoral register.This will ot chage uerthe ew system.
It is curretly a offece to provie false iformatio to, or ot to respo whe requireto provie iformatio to a Electoral Registratio Ofcer e.g. a aual cavass form. Ay
perso that refuses to supply iformatio is liable to a maximum e of 1,000.This offece
will cotiue uer the ew system a will apply to a Househol Equiry Form a ay
other request for iformatio a ERO makes.
However, this crimial offece will ot be extee to require a iiviual to apply to beregistere or to respo to a ivitatio to register.
Governmentresponse31. While it is curretly ot a offece ot to be registere to vote, it is a offece ot to provie
iformatio require by a ERO. not respoig to a aual cavass form coul lea to a
crimial covictio. Uer the White Paper proposals we are ot plaig to remove this offece
therefore it will still be compulsory to retur a Househol Equiry Form (HEF) iformig a ERO
of the ames of all eligible electors resiet at a aress. However, there will be o crimial
offece associate with a iiviual ot applyig to register whe ivite to o so. Itroucig
such a offece woul be a sigicat step as it woul mea that failure to respo to a ivitatio
to register woul be a crimial act.
32. We have listee to a carefully cosiere the cocers that have bee raise. Our positioremais that we o ot ite to crimialise iiviuals for ot registerig to vote; however werecogise that there is a ebate to be ha about the merits of the proposal that we itrouce a
civil pealty for ot returig a IER form.While this coul rive up respose rates to ivitatios
to register, itroucig a civil pealty woul mea that ayoe who faile to respo to a
ivitatio to register coul be liable for such a pealty.We woul ee to thik carefully about
the circumstaces uer which such a pealty woul be issue a epeig o the approach,
eforcemet may create amiistrative overheas.We will set out our al ecisio i the Bill
as itrouce.
Constituencyboundaries33. Committee recommendation 4: For the next parliamentary constituency
boundary reviews to be fair and representative, electoral registers across
the country need to be at least as complete and as consistently complete
as they are now. The Government needs to ensure that its proposals will
achieve this end.
Consultationresponses34. This cocer has bee echoe i may cosultatio resposes icluig those of the EC, AEA,
uios, womes a BME groups. Members of the public voice cocers that the timig
of combiig the itrouctio of IER with bouary reviews will lea to may areas beig
uerrepresete i 2020.This cocer was echoe by MPs a political parties who expresse
cocers that a sigicat rop i registratio rates will lea to the creatio of costituecies with
a small umber of costituets but large populatios.
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Governmentresponse35. We are committe to esurig that the maximum umber of eligible people are o the electoral
register a are coet that our proposals for IER support the creatio of a complete a
accurate register.
36. We fue research ito the completeess a accuracy of the curret register, publishe by theEC o 14
thdecember 20111, to esure that we uerstoo the state of the register withi the
existig system to iform our plas for IER.This report was the rst of its ki i over a ecae
a it showe the importace of moerisig the electoral registratio system.The EC will also
be measurig the completeess a accuracy of the register before a after the trasitio to
IER, a we are plaig our ow research after the trasitio to IER to eable us to measure the
effectiveess of the chages.
37. The biggest reaso for uer-registratio remais people movig home.We are lookig at how weca better help home movers get o the electoral register i the right place as part of the move toIER.This will iclue further ata matchig pilots with a emphasis o targetig home movers.
38. I aitio to the EC research, we commissioe a literature review which was carrie out by drStuart Wilks-Heeg.This will be publishe alogsie this ocumet.The review ietie key tres
i relatio to completeess a broa teecies relatig to accuracy.We are takig this research
ito accout as we cotiue to evelop the etaile plas for IER.
39. Committee recommendation 5: There is a risk that the electoral registersin December 2015 will be particularly varied in their levels of completeness:
this matters because they will be used under current legislation as the basis
for the next boundary review. We recommend using instead the registers
as they stood on or before general election day in May 2015.
Consultationresponses40. A alterative approach, suggeste by umerous respoets to the White Paper, is exteig the
carry forwar arragemets by oe year to 2016.
Governmentresponse41. While we have cosiere both of these suggestios, we have coclue that exteig the carr y
forwar arragemets woul itrouce a great risk as we woul be icluig iiviuals o the
register whose etries ha ot bee verie a who ha ot respoe to the 2014 or 2015
cavass icluig several ivitatios beig set to them a the use of oor to oor cavassers.
Give that we coul ot be coet that these electors still resie at the aress liste i the
2012 register a that they are geuie electors, we are ot mie to exte the carry forwar
perio.This risk woul also apply if the registers as they stoo o geeral electio ay i May 2015
were use as these woul be out of ate by december 2015.
42. We believe that the most accurate register for the 2015 bouary review will be the registerpublishe at the e of the 2015 cavass. At this poit oly iiviuals whose etries have beeverie will be o the electoral register a we will have greater coece i the accuracy of
that register.The electorate will the have also ha more tha a year to register iiviually a
EC (2011): Great Britais electoral registers 2011. EC1
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will have bee cotacte a umber of times by their ERO at a time whe political awareess is
at its highest ue to the 2015 Geeral Electio. I aitio, we are coet that our plas for
maitaiig the register, i particular our itetio to use ata matchig to verify as may electors
as possible will maitai or icrease the completeess of the registers.
43. We are therefore ot mie to chage the itetio to use the december 2015 registers as thebasis for the 2015 bouary review.
Groupsatmostriskoffallingofftheregister44. Committee recommendation 6: We recommend that the ECs public
information campaign around the launch of individual registration include
as an important element strands aimed at encouraging those in groups
currently under-represented on the electoral rolls to register to vote.
Governmentresponse45. The EC have ote that they ite to esig [their] public awareess strategy to target groups
who are curretly uer-represete o the register, builig o the eviece a successes of
[their] previous work.We are curretly workig with the EC o the plas for public awareess
activity to iform the public of the move to IER, a as part of the trasitio we are also
couctig research ito uer-registratio a ietifyig possible barriers a risks to registratio
for groups uer the ew registratio system.We will use this eviece to iform our ecisios o
how we implemet the chages to esure that registratio levels remai as high as possible.This is
ot just a job for Govermet but will ivolve everyoe, particular ly EROs, MPs, the meia a all
those i leaership i commuities.
Consultationresponses46. I aitio to the Committees recommeatio, may cosultatio resposes have raise the issue
of groups most at risk of fallig off the register ietifyig these as stuets, elerly citizes, youg
people, those from BME groups, those who are socially isavatage a those with isabilities.
47. The AEA expresse specic cocers regarig how to reach those livig i houses of multipleoccupatio, icluig but ot limite to stuets a those i resietial care homes.They also
ackowlege that some elerly people may be cofuse by the system a therefore be reluctat
to participate; a that those with isabilities or those for who Eglish is ot their rst laguagemay opt out rather tha ask for help. I their respose to the cosultatio, the natioal Uio of
Stuets ote that the removal of joit registratio for uiversity halls of resiece coul have a
egative impact o electoral participatio amog the stuet populatio.
48. The Scottish Assessors Associatio (SAA) mae the recommeatio that the legislatio shouleable EROs to ietify a target those i uer-represete groups a iemify EROs agaist
ay suggestio of bias eve where such groups are perceive to have particular votig prefereces.
They have also suggeste that EROs shoul be allowe to esigate certai properties such as
care homes where househol registratio cotiues to be possible.Those represetig groups
curretly uer-represete o the register have emphasise the impor tace of esurig thatthe ew system is accessible a that the ew requiremets particularly the ietiers require
o ot iscourage those i these groups from registerig.
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Governmentresponse49. We ackowlege these cocers a are curretly workig with orgaisatios represetig these
groups to establish ways that the registratio process a the trasitio for these groups ca be as
simple a accessible as possible.We also ote the AEAs suggestio that uerstaig of ifferet
groups ees to be uace as ot all BME groups are less likely to register.
50. The avatage of the approach outlie above, to ata match a the automatically cormiiviual etries i the register, will help maage this potetial problem by allowig EROs to focus
their efforts o a smaller sectio of the populatio, most i ee of assistace urig the trasitio.
51. Committee recommendation 7: There may be a small number of people whoneither have the required documentation nor are able to travel to an ofce
to attest to their identity. We recommend that the Government ensure that
people in this situation are not deprived of their right to vote.
Governmentresponse52. Our itetio is that o eligible iiviual who wishes to register to vote will be isefrachise as
a result of the registratio process.We aticipate that the majority of eligible voters will either be
iiviuals who are alreay registere a are automatically trasferre from the pre-IER register
to the rst IER register, or will follow the staar registratio process as they will have access to
their ate of birth a natioal Isurace number (nInO).We have looke at specic groups
who may ot have a nInO a coclue that these are very small umbers.
53. However, we ackowlege that there will be iiviuals who are uable to provie this iformatioa we are esigig a exceptios process for them to use.This will cosist of a list of alterative
ocumetatio which ca be provie a will also take ito accout those who are uable to
travel to a electoral ofce to attest to their ietity.We are also lookig at the lessos which ca
be leare from the system of attestatio curretly i place i norther Irela. Further etails of
the process will be set out i secoary legislatio a guiace.
Improvingregistrationrates54. Committee recommendation 8: We recommend that the edited register
should be abolished.
Consultationresponses55. The Committee cite cocers over the sale to commercial orgaisatios of persoal etails
gathere by the govermet for electoral purposes.This recommeatio was echoe by the EC
a AEA. However, resposes from 192.com a groups ivolve i ig people, for example
those represetig aopte people seekig to trace their birth parets, supporte the retetio of
the eite register as it curretly is, with better guiace for the public o the use of the opt out.
Governmentresponse56. The Govermet is aware of a cosierig the ely balace argumets o the future of
the eite electoral register.The Govermet takes the halig of persoal iformatio seriously,
a is committe to workig to maximise registratio rates.This ees to be balace agaist
the potetial ecoomic impact of abolishig the eite register.The Govermets approach to
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this issue is curretly uer cosieratio i the cotext of the wier access regime for the
electoral registers.
Homemovers57. Committee recommendation 9: We recommend that the Government
explore ways of improving the sharing of information between local
authorities, especially where potential electors move house.
Consultationresponses58. The EC recommee that IER eables the compariso of electoral registers hel by ifferet
EROs to esure that uplicate etries ca be ietie a that the Govermet shoul begi
cosultig o how this will work by the e of 2011.
59. The AEA expresse cocers that there was o mechaism for trasferrig the iformatio ofa iiviual who ha registere uer IER across to aother ERO if they move house.
Governmentresponse60. I lie with the Committees recommeatio, we are lookig at how to improve the sharig of
iformatio betwee local authorities to improve the ability of EROs to ietify home movers.
This iclues assessig the usefuless of a umber of ata sources i ietifyig home movers,
a workig with service proviers to ietify opportuities to itegrate electoral registratio
ito other trasactios at local a atioal level which people carry out whe they move. It will
be essetial that the IT to eable the implemetatio of IER allows a more itegrate approachbetwee local authorities, to support the sharig of iformatio whe this helps a citize move
their electoral registratio as seamlessly a coveietly as possible.
61. We are cosierig itroucig a requiremet for electors completig a applicatio form toeclare whether their applicatio is to replace a previous registratio a if so, to iicate their
previous aress. A ERO coul the iform the citizes previous ERO of the chage of aress,
for the iaccurate etry to be remove.We are also lookig at other methos of elimiatig
iaccurate etries o the register which coul iclue the use of other truste ata sources to
ietify potetial housemovers, although further pilotig will be eee to test this.
62. However the Govermet is clear that we o ot support the creatio of a cetral atabase ofelectors a are ot mie to create the capability for each electoral register to be systematically
cross checke agaist every other register, to ietify potetial uplicate etries.This woul i all
likelihoo be very resource itesive a require the holig of uique ietiers about all citizes.
The eviece from the Electoral Commissios research suggests that the mai cause of iaccurate
etries o the register is people movig home a the Govermet believes that this shoul be
the mai focus of our efforts.
Canvassarrangementsfor201463. Committee recommendation 10: We recommend that the Government take
steps to ensure that the electoral registers used for identifying individuals
in the initial round of invitations to register under IER, as well as those used
for the 2015 general election, are as accurate and complete as possible. We
have heard serious concerns that the Governments current proposals will
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miss an unacceptably large number of potential electors, and calls from
many of our witnesses for a full household canvass in 2014 to address this
problem. We believe, given the unique circumstances of the change to
IER, that the Government should reconsider its decision not to hold a fullhousehold canvass in 2014.
64. Committee recommendation 11: One alternative to holding a full annualhousehold canvass in 2014 would be to identify those parts of the country
with a signicant level of annual turnover on the electoral register, and to
provide for something like the usual annual household canvass to take place
in 2014 just in those areas. For this to happen, some parts of the country
will need more funding than others. We recommend that the Government
conrm that this is its intention.
Consultationresponses65. Mixe views have bee offere o the 2014 cavass. However cocers were geerally raise
that the december 2013 register will ot provie a sufcietly accurate, up to ate, complete basis
for the seig of ivitatios to electors to register uer the ew system. Some orgaisatios,
icluig the EC, agree with the Committees recommeatio that a full cavass shoul be
carrie out i 2014; however others, such as SOLACE, expresse the view that askig electors to
complete a househol cavass i oe moth a a iiviual registratio form, with appropriate
ietiers, soo after, may cause uecessary cofusio.The SAA also offere the view that
exibility shoul be give to the timig of ay oorstep cavass to take avatage of the icrease
cavassig time offere by light summer eveigs.
66. Istea of a full aual cavass i 2014, both the AEA a EC suggeste elayig the 2013 cavassto the rst part of 2014.
Governmentresponse67. Havig cosiere the views of the Committee a electoral amiistrators, it is our itetio to
move the 2013 cavass to early 2014.This will provie a up to ate register available for both the
Europea Parliametary Electios a the trasitio to IER. If we procee as outlie i paragraphs
10-12 above oce the full evaluatio of the ata matchig pilots is kow, it is this register which
will be use to ata match curretly registere electors to eable them to be automatically ae
to the ew register where we ca verify their iformatio a also to ietify those who caot be
ata matche who will receive a persoal ivitatio to register.
68. I the cotext of simplifyig the trasitio process for iiviuals, we are also lookig at theiformatio a ERO ca take ito accout whe eciig whether to se a Househol Equiry
Form a the se ivitatios; a at the possibility of EROs carryig out oor to oor iquiries
before seig ivitatios as we ackowlege that these jugemets will vary. May areas with
high populatio turover curretly start the aual cavass with a oorstep cavass process, a
it woul ot be our itetio to costrai EROs from takig such a approach if this was the best
approach i their area.
69. The process of trasitio to IER will be fully fue by the Govermet.While furthercosieratio is eee o the approach to allocatio of this fuig, we are sympathetic to the
ees of those areas where the trasitio poses the biggest challege a will esure that these
ees are take fully ito accout.
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70. I the White Paper we also pose the questio as to whether i 2014 applicatios shoul beissue by all EROs at the same time a possibly o the same ay or withi a specie perio to
achieve the full beets of the ECs publicity campaig.There was support for likig the seig
of ivitatios to the campaig; however, respoets favoure a 2-4 week wiow rather tha oeay.We are cotet to agree this suggestio, a will look for the iitial write out i 2014 to take
place i a two week wiow.
71. We also aske about the optimal timig for the write out. Cocers were raise, particularlyfrom amiistrators, about a start ate of July as it was felt that it woul ot allow much time
betwee the Europea Parliametary electio i Jue 2014 a the propose start ate.While we
recogise the sigicat pressure which electoral amiistrators a their teams will be uer i
2014, we aticipate that the steps set out i this paper to simplify the process for as may electors
as possible will make the trasitio to IER easier.There will be fewer iiviuals to write to a
this shoul also ope up the possibility of startig sooer tha the autum.We are therefore i
iscussios with key stakeholers about whether the optimum time to write out woul be Julyor September ; however, we aticipate that both the write out a match will take place o later
tha September.
Consultationresponses72. Aitioal commets i relatio to the 2014 cavass relate to the testig of iserts a
istructios o evelopes a a suggestio by the AEA that istea of askig a iiviual with
icorrectly aresse IER forms to ask for a ew form to be issue, a iiviual shoul have the
ability to ame a pre-populate form with their ow etails.
Governmentresponse73. It is our itetio that all of the forms a evelopes which will be use for IER will be teste
i avace of the rst write out.We are also cosierig eablig a iiviual to ame a
icorrectly pre-populate IER form with their ow etails a are lookig at the legislative
implicatios of oig this.
Postalandproxyvoting74. Committee recommendation 12: We recommend that the Government
look closely at applying the same carry forward arrangements for the 2015
General Election to postal and proxy registrations as to other registrations,to avoid inadvertently disenfranchising vulnerable electors.
Consultationresponses75. The AEA has also suggeste that the proposal to remove the abset vote facility from iiviuals
who are carr ie forwar i 2014 shoul be recosiere; a view which has bee echoe by other
orgaisatios icluig groups represetig those with isabilities, MPs a political parties. Other
suggestios iclue aligig the IER a postal vote applicatio processes a allowig EROs
to corm the etails of proxies resiet outsie their area.The AEA has also welcome the
requiremet for a proxy to be registere uer IER but has expresse the view that cosieratio
shoul be give to aligig the IER applicatio process a postal votig applicatio process as far
as possible.They have also ote their previous cocers about the potetial abuse of the system
usig a waiver system withi abset votig.The Labour Party has expresse the view that whe
parties are provie with the full electoral register, this shoul iclue a iicatio of those who
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previously ha a postal vote but are ot registere uer IER a will ot be able to use this votig
metho uless they reply.
Governmentresponse76. We have cosiere the cocers raise by the AEA a other orgaisatios i relatio to the
removal of the abset vote facility from those who have bee carrie forwar i 2014. However,
we ite to retai the positio set out i the White Paper.The use of ata matchig to passport
iiviuals across to the ew register will mea that a umber of curret postal voters will be able
to retai their postal vote i the 2015 Geeral Electio. Others who are ot automatically ae
to the ew register will be give a opportuity to register uer the ew system i 2014 a, if
they choose ot to, will still be able to cast a vote i perso at the 2015 Geeral Electio. As set
out i the White Paper, oe of the rivers of IER is tacklig electoral frau (a vulerabilities to
frau) to restore voters coece i the system. Movig to a positio where all those castig
postal votes have bee verie through IER will a a aitioal safeguar to the system fromthe earliest possible opportuity.Those with isabilities who are reliat o abset methos will be
give as much support as possible to eable them to register uer IER a retai their postal vote
a we will esure that EROs are able to corm the registratio status of proxies who resie
outsie their area.
77. I relatio to the aligmet of the IER a postal votig registratio processes, we ackowlegethe cocers raise a are takig a rst step towars this i relatio to the postal vote ietier
refresh. Curret postal voters are require to refresh their ietiers every ve years.We ow
ite to elay the postal vote refresh i 2014, a brig forwar the refresh i 2015 so that all
electors curretly usig postal votig methos which are ue to be refreshe i 2014 or 2015
will be aske to provie these etails at the same time as registerig uer the ew system.Those
who have bee automatically corme o the rst IER register uer the approach outlie i
paragraphs 10-12 above will be aske to provie their refreshe ietiers at the time they receive
a letter cormig that their ame appears o the ew register a will be followe up i the
ormal way.
78. The Govermet otes the AEAs commets o the waiver system.The Govermet takes theitegrity of the electoral system very seriously, a has bee cosierig the issue of a waiver
system as par t of its programme for moerisig that system. However, we are axious to avoi
a legislative solutio that woul risk reucig access to the electoral register for certai groups of
iiviuals, icluig those with isabilities a learig ifculties.We therefore have o plas tochage the curret rules goverig waivers for abset voters.The Govermet will cotiue to
keep this subject uer review.
79. Committee recommendation 13: We recommend that the Government takethe opportunity provided by the introduction of individual registration to
consider dropping the requirement of a signature as a personal identier
to cast a postal vote once IER is well-established. This is because of the
unreliability of the signature as a personal identier, and because those
electors wishing to cast a postal vote under IER will already have had their
identity veried by other means.
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Governmentresponse80. We have cosiere this recommeatio a will look at this issue agai i the future oce IER is
well establishe. However, our curret view is that while a sigature is ot the most robust metho
of verifyig a iiviuals ietity, it plays a key role i esurig that the perso castig the postal
vote is the perso who has bee through the postal vote applicatio process.This combie with
IER vericatio as a further layer of security to the postal votig process.
Resources81. Committee recommendation 14: We recommend that the Government
publish the information, including draft secondary legislation that electoral
administrators need to deliver the necessary infrastructure for individual
registration, as soon as possible after the Individual Electoral Registration
Bill is introduced.
Consultationresponses82. This view has also bee expresse by several cosultatio respoets who also ote the ee for
a more etaile breakow of costs a for the IT systems to be fully teste. Cocers have bee
expresse that a big bag approach coul put uue pressure o IT systems.
Governmentresponse83. The Govermet is committe to proviig as much iformatio as is possible at the right poit.
A high level implemetatio timelie has bee publishe alogsie this ocumet to support thosepreparig for the implemetatio of IER.
84. We are committe to publishig raft secoary legislatio urig the Bills passage, but wat toesure that we get it right a o ot settle precise etails before it is sesible to o so.The Impact
Assessmet which we will publish alogsie the legislatio will cotai a more etaile breakow
of costs.We will also esure that IT systems are fully teste before implemetatio commeces.
85. Committee recommendation 15: We conclude that there is a strong case forthe EC to be given powers to intervene where EROs consistently fail to meet
agreed performance standards.
Consultationresponses86. This recommeatio was eorse by the EC a the Electoral Reform Society who view
this as beig a metho of esurig that electors across the coutry receive a cosistet service.
However, whe this issue was iscusse at oe of the oral eviece sessios the Committee hel,
Joh Turer, Chief Executive of the AEA, state The EROs a Returig Ofcers are statutory
ofceholers uer statute a they have uties to perform.There are steps i the legislatio that
ca be take if they o ot, a the Commissio has the parallel track of beig able to report
o performace ayway, which they have recetly oe o EROs. I thik it the s its way
through the sausage machie. SOLACE has also commete The work of EROs is fue by the
appropriate local authorities, a the EROs are accoutable to their employers, they shoul ot beput i the potetially ifcult positio of havig two masters.
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Governmentresponse87. It is importat that citizes receive a high-quality service whe registerig to vote a we are
curretly lookig at ways this ca be achieve. However, givig the EC powers to itervee where
EROs cosistetly fail to meet agree performace staars woul be a sigicat chage i the
role of the EC.
88. Curretly, the EC issues performace staars for Returig Ofcers (ROs) a EROs.Theyare also require to moitor the performace of electoral amiistrators. I istaces where
the Commissio has cocers about ERO performace, followig a recommeatio from the
Commissio, the Secretary of State or Lor Presiet of the Coucil has a power of irectio to
require EROs to comply with ay geeral or special irectios i relatio to the ischarge of their
fuctios.To ate this system has worke well a we therefore see o ee for this to chage
whe IER is itrouce.
89. However, as IER is implemete a moves ito busiess as usual we see two istict roleseeig to be fullle.The rst is a role to esure that implemetatio is happeig o the grou.
However, istea of a moitorig role, we view this as implemetatio suppor t which provies
specic avice a suppor t o the chages require to eliver the policy. For example proviig
techical, has-o avice o IT systems or ata security requiremets to assist EROs i meetig
their performace staars a offerig a cosistet service.
90. There is the a role of moitorig both how EROs are implemetig the policy a the use theyare makig of the available ifrastructure support.This is a role we see the EC as ieally place
to full, i lie with their curret resposibilities for performace staars.As a last resort the
Secretary of State or Lor Presiet of the Coucil has the ability to issue formal irectios to aElectoral Registratio Ofcer whe they are i breach of their legal resposibilities.
91. Committee recommendation 16: We recommend that the Governmentensure that the funding it provides to support local authorities with the
transition to IER is ring-fenced for this purpose.
Consultationresponses92. This recommeatio was echoe by may respoets icluig the EC, AEA, EROs a
local authorities.The AEA also expresse specic cocers about the timescales a resources
available to eliver the trasitioal arragemets urig the aual cavass i 2014.The EC also
emphasise the ee to esure that sufciet fuig is available for all activities associate with
implemetig the chage a also recommee ietifyig effective ways of esurig fuig is
use oly for electoral purposes.The AEA also highlighte this imperative, otig that the successful
implemetatio of IER epes o fuig goig irectly to electoral services.They also suggeste
that ay fuig ees to cotiue after 2015 a shoul ot simply be see as oe-off capital
fuig.This view was also echoe by EROs a Local Authorities.
Governmentresponse93.
We are committe to fuig the trasitio to IER a 108m has bee allocate to this as partof the Speig Review settlemet. O the precise mechaism to be use to fu local authorities,
more iformatio will be mae available shortly.
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24 Govermet Respose to pre-legislative scrutiy a public cosultatio o Iiviual Electoral Registratio a amemets to Electoral Amiistratio law
Datamatching94. Committee recommendation 17: The evidence we have received suggests
that data matching will be of limited effectiveness, especially in identifying
potential electors. We recommend that the EC publish its evaluations of the
pilots before second reading of the Bill, in order to inform debate.
Consultationresponses95. Cocers have bee raise about the quality of ata hel at a atioal level. It has bee recommee
that this ees to be resolve for ata matchig to be successful a has also bee ote that ot
all ata sources a matchig are likely to be relevat i every EROs area.
96. The AEA respose highlights the importace of local ata matchig a recommes that theissue of two tier local govermet areas shoul be resolve i legislatio to eable this.
97. The AEA a SAA has aske that the power to require a perso to provie iformatio to aERO available uer regulatio 23 is retaie.We are ot plaig to make ay chages to these
powers through the itrouctio of IER.
98. The EC also suggeste that where risk mitigatio approaches such as ata matchig are prove tobe effective, EROs shoul be require to use them.
Governmentresponse99. As outlie above, the ata matchig pilots have coclue a the ECs evaluatio will becomplete by March.This will iclue a assessmet of how far the schemes achieve the purpose
of assistig the local registratio ofcer to meet their registratio objectives.The results of these
pilots will thereafter be available to Parliamet to iform its eliberatios o IER. Our view o a
key beet of ata matchig for the trasitio to IER has bee outlie at paragraphs 10-12 above.
100. The ata matchig pilots have also helpe us uersta the challeges associate with atamatchig agaist the electoral register for the purposes of vericatio, ot least the legal, techical
a amiistrative issues to be aresse; but we are coet that the pilots suggest that this
ca a real value a ite to carry out further pilots to ree the approach further, a to
evelop a efciet a effective system reay i time to support the implemetatio of IER.
Consultationresponses101. The EC has also expresse the view that however useful ata matchig proves to be, further
cosieratio shoul be give to alterative optios to esure the completeess of the register
through the trasitio perio. Oe of their suggestios was carryig out a iitiative i schools
similar to that use i norther Irela, whereby attaiers have a opportuity to register to vote
at school.
Governmentresponse102.We are curretly explorig this possibility alogsie a umber of other optios for ecouragig
iiviuals to register, a we are kee to lear from best practice i other jurisictios.
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103. Committee recommendation 18: Data matching can only be a success iflocal authorities are provided with the information they need in a timely
and helpful way. We regret that the Ministry of Defence has taken so long
to co-operate with at least one of the data matching pilots. This suggeststhat there may be a need for better central co-ordination and ministerial
oversight of the data matching programme.
Governmentresponse104.We have leare lessos from the pilots i terms of makig the process of ata matchig more
effective a efciet a have put some of these lessos ito practice to provie ie of the
twety-two pilots with more up to ate dWP recors.
105.We are also cosierig the issue of improvig arme forces registratio rates a we areexplorig a umber of optios for improvemets to the registratio scheme for service persoel.We are ivestigatig whether there are beets i cotiuig to use Mod ata for the purpose
of ata matchig.The pilot teste a arragemet a we have ietie ways to improve the
process for ay ata matchig betwee Mod a local authorities i future.
Treatmentofpersonaldata106. Committee recommendation 19: The Governments proposals for data
collection, retention and disposal appear to us to be proportionate.
However, much of the detail is still unknown.
Consultationresponses107. I their respose, the EC ote that people are cocere about the uses to which ay persoal
ata they supply may be put a recommee that safeguars for persoal ata are set out i
secoary legislatio.
108. I the White Paper we specically welcome views o halig persoal ata. May respoetsote the importace of takig ito accout the views of police a prosecutio orgaisatios.
Governmentresponse109. Offeces uer the Represetatio of the People Act are subject to a 12 moth limitatio perio
a give the rules of eviece, it has bee suggeste that o alteratio is mae to the IER forms
as origially submitte i whatever format they have bee receive. Followig coversatios with
the police a crime prevetio orgaisatios, it is therefore our itetio to require EROs to
retai IER forms, i their origial state, for 12 moths. Further iformatio regarig the storage
a estructio processes will be set out i secoary legislatio. I esigig these, we will esure
we take ito accout the associate IT implicatios.
110.We have cosiere the suggestio that a ERO shoul retai a iiviuals eligibility aatioality ata to prevet uecessary cavassig a make it easier for those who have chose
ot to register to chage their mis; however, as eligibility ca chage over time for a variety of
reasos, we are kee that etermiatios are base o curret ot historic iformatio.
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ElectoralAdministrationProvisions111. Committee recommendation 20: The proposals published in July have been
widely supported. We have had only a very limited opportunity to test the
proposals published in September.
112. The Govermet is grateful to the Political a Costitutioal Reform Committee for itscosieratio of the raft electoral amiistratio proposals. I particular, we are please to ote
that the proposals which we publishe i July have bee wiely supporte. It is ufortuate that
we ha to elay the publicatio of oe of our proposals util September, but it was ecessary to
resolve a umber of issues before the clause coul be publishe.We recogise that this gave the
Committee oly limite opportuity to test the provisio, a look forwar to further scrutiy as
the legislative process cotiues.
113. Committee recommendation 21: We recommend keeping the deadline forpostal vote applications at eleven days before polling day.114.We agree that the ealie shoul remai at eleve ays before pollig ay. Movig it ear lier woul
costrai the existig exibility for electors to apply for postal votes reasoably close to pollig ay.
115. The Committee was also aske to cosier whether the ealie for appoitig pollig acoutig agets, curretly at 2 workig ays before the poll, shoul be move earlier i the
timetable.The Committee i ot give a view but havig cosiere the issue further the
Govermet believes that the chage woul be justie as it woul ease the pressure o the
amiistrative processes i the al few ays before the poll a brig the ealie ito lie with
that at other electios.The Govermet therefore ites to brig forwar a raft clause i time
for the Bills itrouctio, which will move the ealie to 5 workig ays before pollig ay.
116. Committee recommendation 22: Unless strong evidence should emergeto the contrary, we recommend that the Recess Elections Act should be
amended to allow writs to be issued in recess for any vacancies that arise
where a Member effectively resigns their seat.
117.We have cosiere this issue further i light of the cotiue ucertaity over the origialpolicy itetio behi this provisio. The available eviece suggests that the Recess Electios
Act is iforme by the view that by-electios i the summer recess are uesirable ue tococers about the impact o electors a by-electio turout; a shoul be iscourage i
circumstaces where the timig of a vacacy arisig is broaly withi the cotrol of Members (such
as resigatio). However, the Act retais sufciet exibility so that i circumstaces such as the
eath or a Member or where the timig of a vacacy arisig is broaly beyo a Members cotrol
(such as eath, bakruptcy or elevatio to the peerage) a by-electio may the take place urig
the summer recess rather tha leavig costituets urepresete for potetially a sigicat
perio of time. I light of the further eviece we have obtaie regarig the purpose of the Acts
provisios, a give that the Act oes ot seem to have cause ay ifculties i practice, we ow
o ot propose to brig forwar proposals to ame the Recess Electios Act 1975.
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118. Committee recommendation 23: The provisions published in draft by theGovernment are largely technical, but the Government needs to be able to
explain why it is making the package of proposals that it is, and why it is
not taking forward other proposals for change in electoral law, particularlythose put forward by the EC.
And:
119. Committee recommendation 24: We recommend that in its response to thisReport, the Government set out its position on each of the ECs proposals
for further reform of electoral administration law.
120. The provisios which the Govermet has publishe form part of a package of measures toimprove the way electios are ru.They will serve to icrease voter participatio, further improve
the itegrity of our electoral system a esure that the process uerpiig our electios ismore robust.These provisios (our proposals arou the extesio of the timetable i particular)
make a umber of chages which have bee requeste by the EC, the AEA a other stakeholers.
121. Our reasos for ot legislatig o other aspects of electoral law at this time are set out i ourrespose to each of the proposals mae by the EC i the eviece it submitte to the Committee.
Response to issues raised by the Electoral Commission in its written evidence
to the Committee on the electoral administration provisions
ExtensionofthetimetableforUKParliamentaryelections122. Why is the Government proposing that the election timetable should
continue to be counted forward from the dissolution of Parliament, rather
than calculating deadlines backwards from polling day (as is the case for all
other elections in the UK)? (9)
123. Primary a secoary legislatio o this issue is icosistet, with the timetable coutebackwars from pollig ay i some places a forwars i others.The provisios which the
Govermet has publishe look to improve the process itself, rather tha to aress complexities
i wier electoral law.
124. As log as the key processes are alige a the law is clear what happes for each poll, we o otbelieve that this is a sigicat problem.
125. However, the Govermet recogises the cocer, which is why we are supportig the LawCommissios work to review a cosoliate electoral law o exactly this ki of issue.The
Law Commissio plas to publish a scopig report early i 2012 a a cosultatio paper i the
summer of 2014.
126. Why is the Government proposing greater exibility for the timetable forParliamentary by-elections and polls which are re-run due to the death of
a candidate, including exibility for the Acting Returning Ofcer over thesetting of polling day? We do not see any reason why the rules for these
polls should not specify that the length of the timetable will be the same as
for a UK Parliamentary general election. (10)
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127. The raft provisio mirrors the existig by-electio arragemets, which iclue this exibility toesure that the poll ca be ru o a Thursay (a xe timetable might mea that the 25
thworkig
ay pollig ay falls o aother ay of the week). For a ormal geeral electio the timetable
begis o a ay we kow will result i a Thursay pollig ay.
128. Although we support the proposal to lengthen the timetable at thisstage, we are also disappointed that the Government has not taken this
opportunity to carry out a more comprehensive assessment of the optimum
length for the election timetable and the relevant electoral registration and
absent voting deadlines. (12)
129. I rawig up these proposals the Govermet has cosiere the issue carefully a egagewith key stakeholers throughout the raftig process.We have also cosiere the reports which
have bee publishe by the AEA, the EC a other stakeholers o this issue.
130. Exteig the timetable for UK Parliametary electios to 25 workig ays will improve the servicethat is curretly provie to voters, particularly overseas a service voters, as well as aig to
the robustess a itegrity of the process.
131.With regar to aligig the ealies for registratio a abset vote applicatios, the Govermetoes ot propose ameig these provisios at this time.The Law Commissio is proposig to
review a cosoliate electoral law, a this sort of issue will be better aresse as part of this
review.The Law Commissio plas to publish a scopig report early i 2012 a a cosultatio
paper i the summer of 2014.
132. We recognise that there are currently different timetable lengths fordifferent elections, and we do not necessarily believe that a single timetable
should be imposed across all elections. Nevertheless, we believe that the
Government should also take the opportunity to consider the relationship
between the UK Parliamentary timetable and other statutory timetables. (13)
133. The Govermet agrees with the EC that a sigle timetable shoul ot be impose across allelectios.The evolutio settlemet meas that it is ot actually withi the UK Govermets
power to ame the timetables for all UK polls. For example, the Scottish Govermet have
competece for local govermet electios i Scotla. Implemetig a 25 ay timetable for all
UK electios woul also make some electoral timetables shorter (e.g. for Scottish Parliametarya Greater Loo Authority (GLA) electios) whe there is a reaso for their extee timig
(e.g. a aitioal week for creatig the booklet of caiates for GLA electios).
134. I rawig up these proposals the Govermet has cosiere the relatioship betwee the UKParliametary timetable a other statutory timetables.As the most frequet combiatio of
polls is betwee geeral electios a local electios i Egla, we have focuse o cosistecy
betwee these polls. For example, we propose that the ealie for caiate withrawals at local
electios shoul be move to 19 ays before the poll (from 16 ays before the poll) i orer to
achieve cosistecy with the extee UK Parliametary electio timetable a to esure that
the beets of beig able to prit a istribute postal ballot packs earlier are retaie where it
is combie with local electios.This chage will be mae via secoary legislatio.
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Alterationofelectoralregisters:pendingelections135. The Government should amend the rules to allow an earlier dispatch of
postal ballot packs than that which is possible under the current timetable,
or explain why it does not intend to make such a change. (17)
136. The Govermet ites to remove the restrictio o issuig postal votes prior to the 11th aybefore the poll.The restrictio is cotaie i Regulatios a will therefore be remove by way of
secoary legislatio.
137. It is not clear why the Government has proposed to allow two additionalpublication dates for notices of alterations to the electoral register between
close of nominations and the fth day before polling day. The Government
should quantify the benet that it believes the second interim publication
would bring. (18)
138. Postal ballot papers ca oly be issue to postal voters who are o the electoral register.Thesetwo upates will allow those people who register to vote urig the electio campaig to be
ae to the register before the al register is publishe (5 ays before pollig ay).The result is
that electors who register a apply for a postal vote urig the electio campaig will ot have to
wait util after 5 ays before the poll to receive their postal ballot pack.This will beet all postal
voters but particularly those who are overseas or i the arme forces.
139. The seco iterim publicatio ate is etermie by the ERO but must be a ay after the rstiterim publicatio ate a before the al publicatio ate.This exibility will allow EROs to
aapt the process to suit local circumstaces for example, if i a give area sigicat umber
of registratio a postal vote applicatios te to be receive i the perio betwee 25 a 15
ays before the poll, the ERO might choose to publish a ew versio of the register o or arou
the 10th ay before the poll. I those circumstaces seco iterim publicatio woul allow more
postal ballot packs to issue earlier tha at preset, without the Returig Ofcer havig to wait
util after the publicatio of the al upate to the register.
140. It is not clear that an earlier interim publication date for alterations toregisters would allow postal ballot packs to be sent any earlier to electors
who have been granted a postal vote for a denite or indenite period.
Returning Ofcers would still be required to wait until after 5pm on the 11thworking day before polling day to issue postal ballot packs to those electors.
The Government should conrm that the proposed changes will be applied
consistently for the different categories of people who have been granted a
postal vote, or explain why it does not believe that such a change would be
appropriate. (19)
141.As set out above, the Govermet ites to remove this restrictio via secoary legislatio.142.We would welcome conrmation that the UK Government intends these
provisions to be applied to all elections for which the UK Parliament has
legislative competency, including elections to the National Assembly forWales and the proposed elections for Police and Crime Commissioners which
we understand the Government intends will take place in May 2012. (20)
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143. The Govermet has iscusse this issue with the territorial ofces a the evolveamiistratios i Scotla a Wales a it has bee agree that these provisios will also be
applie to electios for the Scottish Parliamet, Scottish local electios, a electios for the
natioal Assembly for Wales.This will esure that postal ballot packs ca also be issue sooer atthese electios tha is presetly possible.
144. These provisios will ot apply to electios i norther Irela as arragemets for registratioa for postal votig i norther Irela iffer from those i the rest of the UK.
145. Give that the electios for Police a Crime Commissioers are to take place i november 2012a we caot presume that these provisios will be law by the, we o ot thik it woul be
feasible to apply them to those electios.We will cosier whether the provisios shoul apply for
future electios for Police a Crime Commissioers to esure that the beets that ow from
them are extee.
146. We also recommend that the Government takes this opportunity to amendSubsection 5 of Section 13B of the Representation of the People Act
1983 so that the the appropriate publication date falls on the fth day
before polling only. Although, in practice, few EROs publish the last notice
of alterations to the register on the sixth day before polling day, we are
concerned that publishing on this date would mean that the registration
deadline would effectively fall on the 12 working day before polling rather
than the 11 day as at present. (21)
147.The Govermet oes ot propose ameig this provisio at this time.The Law Commissio isproposig to review a cosoliate electoral law a we feel that the various complexities that
exist i electoral law will be better aresse as part of this review.The Law Commissio plas to
publish a scopig report early i 2012 a a cosultatio paper i the summer of 2014.
148. We also note the omission of referendums from this provision. Although theParliamentary Voting System and Constituencies Act made an amendment
to Section 13B specically for the 5 May 2011 referendum, referendums are
not currently covered by the existing 11 day provisions. We recommend that
referendums held under the Political Parties, Elections and Referendums Act
2000 (PPERA) should either be included in both Sections 13AB and 13B to
ensure consistency and limit opportunities for a negative impact on electors,or that this issue is resolved in a generic conduct Order for referendums held
under PPERA. (22)
149. The existig sectios (13AB a 13B) o ot relate to refereums.The purpose of the raftprovisios uer cosieratio is to ame these sectios i the cotext of a loger UK
Parliametary timetable, a the Govermet believe this shoul remai the cetral focus of these
provisios.
150. Couct a combiatio rules for refereums have i the past bee set through the primarylegislatio which must ecessarily precee ay refereum, such as the Parliametary Votig System
a Costituecies Act referre to above. However, the Govermet recogises the beets
that a geeric couct orer for refereums woul brig, a we will cosier this issue fur ther,
icluig through iscussio with the Law Commissio i the cotext of their review of electoral
law as a whole.
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ReviewofpollingdistrictsandplacesinGreatBritain151. Given that the provision means that formal reviews will take place less
frequently, it is essential that all polling places and stations used should be
kept under continuous consideration, and an evaluation of their suitability
carried out after each election and any desirable changes implemented
accordingly. (24)
152. The pollig places review proposals will help to esure that reviews ca take accout of bouarychages a are implemete ahea of future Geeral Electios. Local authorities will retai their
existig iscretio to carry out a review of some or all of the pollig places i their area at other
times, shoul that prove ecessary.
Otherrecommendations153. We want the Government to change the law to make clear that eligible
electors who are entitled to vote at a polling station and who are in the
queue to enter the polling station at the close of poll will be allowed to vote,
as recommended in our report on the problems at polling stations at the
2010 UK Parliamentary general election. (28)
154. I their report, the PCRC have agree with the Govermet that careful plaig a allocatio ofresources are likely to be more effective i esurig all those who are eligible ca access their vote
without resortig to legislatio.
155.We are clear that electors who wish to cast their vote shoul ot be prevete from oig so byamiistrative failigs. I most cases where problems occurre at the 2010 geeral electio, the EC
fou the commo factor to be that iaequate plaig processes a cotigecy arragemets
were i place. Aressig these shoul be the priority before lookig for a legislative solutio, a
the Govermet will work with electoral amiistrators a the EC to esure aequate guiace
o plaig a cotigecy proceures is available, a that electoral amiistrators have the
support they ee to carry out their vital role i esurig electios are amiistere effectively.
156. We also recommend that the Government examine the case for requiringelectors to show identication at polling stations in Great Britain. The
introduction of such a requirement must balance accessibility for electors
against the need to have a robust and secure system of polling. (29)
157. The Govermet keeps the questio of a ieticatio requiremet for electors at polligstatios uer review, whilst remaiig miful that the absece of a uiversal form of Id i the UK
meas that ay voter ieticatio requiremet woul ee careful cosieratio to esure that it
covers all voters.The Govermet is cosierig how best to esure the itegrity of the electoral
process is maitaie a our approach will take ito accout wier reforms to registratio
a votig processes. I particular, the plas to accelerate the itrouctio of iiviual voter
registratio will help protect agaist frau by improvig the accuracy of the electoral register.
158. The rules for all types of election should be amended to spec