Representation of the People (Electoral Registers Publication Date) Regulations 2020 — House of Lords, 2020-09-03
Topic: Government Operations
Nicholas True (Conservative, Centre-right): My Lords, on 9 June I announced to the House that, in the light of the Covid-19 pandemic, the Government intended to bring forward legislation to delay the deadline for publication of this year’s revised parliamentary and English local government registers by two months, from 1 December 2020 to 1 February 2021. As we all know, the electoral registers are lists compiled by electoral registration officers—EROs, in the jargon—of people in their areas who are registered to vote. EROs are appointed by local authorities across Britain and each holds two registers: a local government register for local polls and a parliamentary register for national polls, primarily parliamentary general and by-elections. Both registers are also used as an information source for credit reference agencies and in jury summons The annual canvass is an information-gathering exercise which ordinarily runs for five months, from 1 July to 1 December, and which EROs are obliged to conduct each year to ensure that their electoral registers are as complete and accurate as possible. The information gathered during the canvass is used to identify both electors who should be deleted from the registers, for reasons such as death, ineligibility or moving address, and eligible electors who are not on the register and therefore to whom invitations to register, or ITRs, should be sent. The ITRs are a separate form from the canvass and may be completed throughout the year, either digitally or in hard copy. The revised register is then published by EROs on or before 1 December, except when an election is held in an ERO’s area during the canvass period, in which case it is automatically delayed until the following 1 February This legislation would allow EROs an additional two months in which to conduct their vital work, if they require it, due to the challenges caused by Covid-19. For instance, in addition to the challenges all have faced, the members of electoral services teams in many local authorities have had to contend with reallocation to focus on providing other essential services in local communities. At present, however, EROs in England, Scotland and Wales remain legally obliged to publish the revised electoral register by 1 December 2020, or they will be potentially liable for prosecution for failure to conduct their statutory duties under the Representation of the People Act 1983 As noble Lords will remember, we brought forward secondary legislation last autumn to make much-needed reforms to the annual canvass process, which were widely welcomed. The most significant change is a new data-matching step at the outset, informing the ERO which households are likely to remain unchanged. This allows the canvass to move away from the cumbersome, one-size-fits-all, paper-based system to a modern and adaptable model in which EROs are now able to use e-communication and phone calls to communicate with electors, as well as being able to continue to use hard copy where appropriate Thanks to those reforms, we have reduced the number of people who will need to respond to EROs at all; introduced digital contact methods in place of paper forms, reducing the amount of paper to be manually processed; and introduced the option to use phone contacts where possible, in place of door-knocking. This year’s annual canvass will allow EROs to conduct safer and more responsive canvasses than ever before. None the less, the canvass will still involve large amounts of paper responses and, where phone calls are impossible, door-knocking where a household has not responded to previous attempts to contact them. The in-person contacts and paper elements of the canvass still play a vital role in ensuring the completeness and accuracy of our electoral registers, as they allow those for whom local authorities do not hold phone or digital contact details to be canvassed In spite of the impact of Covid-19, the 2020 annual canvass under the reformed system is successfully and safely under way in local authorities across the country; I thank all those involved. The rollout of the national data-matching service successfully matched the records in all local authorities and valuation joint boards across Great Britain, amounting to over 48 million electors, an impressive feat considering the current disruption. This work has been undertaken with full compliance with all data protection regulations and while safeguarding the data of all citizens Before bringing forward this legislation, the Government engaged with the electoral services community to consider a range of options to support EROs. One of the alternative options raised was cancelling this year’s canvass and removing the in-person contact requirement—the door knocking. However, the canvass plays a vital role in ensuring the completeness and accuracy of registers on which elections are based. This includes those elections currently due to take place in May 2021, because of the deferment of elections. By cancelling the canvass, we would risk disfranchising voters who had recently reached voting age, moved house, or for some other reason should be added to the register. This would, of course, be unacceptable The other option, removing the in-person canvass requirement, has been proved unnecessary due to progress in the response to Covid-19 and the success so far in controlling its spread. Much of society has reopened and we have adapted to the new necessities of Covid-secure working, as we see around us every day. The extension of the publication date, in concert with clear and carefully considered public health guidance for canvassers, will allow EROs to undertake the canvass in full compliance with all Covid-secure requirements The Electoral Commission has, in close co-operation with the public health agencies in each of the three nations, already issued guidance to EROs on carrying out a Covid-secure canvass, and my officials are monitoring the situation to provide further non-legislative support as needed. These measures will, together, allow EROs the flexibility to respond to local needs while complying with the prevailing public health guidance. Not only would removing the personal canvass therefore be unnecessary to protect public health, and might risk undermining the quality of the register, it would be legally extremely difficult due to the statutory requirement to consult with the Electoral Commission for three months on any changes to the conduct of the canvass. Having considered the various options, we are bringing forward this legislation to allow EROs additional time to complete the canvass. However, they would still be able to publish before 1 February 2021 if they chose to, in line with current legislation The Government have consulted widely across the sector, including with the Electoral Commission, the Association of Electoral Administrators, the Scottish Assessors Association, the LGA—I declare an interest as vice-president of that association—and the Society of Local Authority Chief Executives, all of which have expressed their support for this measure. I thank my counterparts in Scotland and Wales, and their Governments, for their proactive and positive engagement on this issue. They have brought forward complementary legislation in their respective legislatures This legislation will provide the flexibility that EROs need to run a Covid-secure canvass, while safeguarding the completeness and accuracy of electoral registers. I hope and believe that these regulations are uncontentious and technical. They have the support of all major electoral stakeholders, of the Welsh and Scottish Governments and, I venture to hope, of your Lordships’ House. I beg to move.