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Select Committee on Home Affairs Fourth Report


CONCLUSION

157. In this Report, we have picked out a number of issues which, while mostly administrative in nature, seemed to us to be of importance. They are directed towards maximising the effectiveness of the electoral process, by making it easier for every eligible citizen to be registered and to vote, and by ensuring that electoral procedures and regulations - many of which were originally designed for the nineteenth century - are sufficiently up to date to cope with modern circumstances.

158. There are serious inadequacies in the procedures governing the preparation of the electoral register and as a result the level of registration is unacceptably low. We make recommendations designed to improve its accuracy; in particular we call for the introduction of a 'rolling register' to improve the extent to which it is kept up to date. A number of other recommendations are designed to increase turnout by providing a wider variety of ways in which voters can conveniently cast their vote: the present system requiring voters either to vote in person at a specified polling station between specified hours on a specified day, or to fulfil certain steps to acquire an absent vote, is unnecessarily restrictive. We also point to a number of areas in which further changes may be needed relating to voting procedures and to the rules relating to the way candidates may be nominated and described if voters are to be properly protected from fraud and from attempts to confuse them.

159. Following the 1997 general election, the Home Secretary established a Working Party on Electoral Procedures. As a result, we are pleased to note that a number of our proposals have already been accepted in principle by the Government, either for introduction straightaway or subject to more detailed examination and introduction as legislative opportunities permit. We welcome the work of the Working Party, and note that it will be looking at further ways in which present procedures might be reviewed and overhauled.

160. Some witnesses have argued that there is a need for a more continuous and active scrutiny of electoral issues than has traditionally been undertaken through the Home Office (under successive governments of different persuasions). This has led to calls for the establishment of an Electoral Commission. Arguably, the present Home Office Working Party has shown that much can be done under the existing system, without an Electoral Commission. Nevertheless, there is a strong case for establishing a single Commission to take on both current and any new monitoring functions."

List of Conclusions and Recommendations

161. Our conclusions and recommendations are as follows:

Is there a need for any reform?

Current participation rates

    (4)  We have no doubt in concluding that the participation rate in British elections—particularly at European and local elections—is low and that it would be desirable for it to be increased. (Paragraph 16).

Factors affecting turnout

    (5)  We fully recognise that the major factors affecting turnout relate to voters' general perceptions of the importance of the election, the importance of the institution being elected, the importance of their own vote, and their views of the particular candidates which they are offered. .... But this conclusion does not absolve government, Parliament and political parties from doing what can be done to increase the levels of interest in the system. (Paragraph 20).

Voter education

    (6)  Measures to raise levels of interest and awareness of the political process are important and every effort must be made to identify new ways of making those measures relevant and effective in modern circumstances. .... We strongly endorse [the proposal that "citizenship education be a statutory entitlement in the curriculum and that all schools should be required to show they are fulfilling the obligation that this places on them"]. (Paragraph 23).

    (7)  We recommend that resources are found to fund a programme of voter education whenever a new electoral system is introduced. (Paragraph 24).

    (8)  We would support initiatives to make greater use of the polling card as an instrument for encouraging turnout. (Paragraph 25).

Compulsion

    (9)  Our view is that while it may not be desirable to have any form of compulsory voting we nevertheless consider that there should be a public debate over this, bearing in mind the much higher rate of voting in democracies where such a system exists. (Paragraph 29).

Current methods of preparing the register

    (10)  We recommend that consideration be given to giving registration officers further legal rights to access to specified relevant records held by [public authorities or utilities]. (Paragraph 34).

    (11)  We conclude that the time has come whereby consideration should be given to the devising and imposition of national minimum standards for the work of registration officers. (Paragraph 35).

Young people

    (12)  We conclude that particular efforts must be made to improve registration rates amongst young people .... [For attainers] at least it should be possible to improve registration rates by work in schools and by use of school records. (Paragraph 37).

A 'rolling register'

    (13)  We support the introduction of a rolling register, and we therefore welcome the decision of the Home Secretary's Working Party to recommend its introduction. (Paragraph 40).

    (14)  Moves towards a rolling register must only go forward at a rate which can be properly supported by the technology in use by local authorities and which commands the confidence and the consent of all the main political parties. (Paragraph 41).

    (15)  We would be unhappy about allowing electors to be placed on a register because of an entitlement which arose only after an election has been called. (Paragraph 42).

The residence qualification

    (16)  We consider that registration officers should not be put in a position where they have to risk breaking the rules as a consequence of being more flexible in defining a 'residence', since it is important that homeless people are not effectively disenfranchised; we recommend that, while incorporating appropriate safeguards, the Representation of the People Acts be amended accordingly. (Paragraph 45).

    (17)  We recommend that the restrictions on using psychiatric hospitals as residences for the purpose of electoral registration be removed; alternative kinds of restriction, not based on residence grounds, should be devised if it were thought necessary to bar from voting certain patients whose condition made it inappropriate for them to have a vote. (Paragraph 46).

Registration of vulnerable persons

    (18)  We recognise the strength of the calls for a means of registering without having to reveal information which could make the elector vulnerable, and consideration should be given to developing such a system. ... We consider that any such system should allow for anonymous registration only in exceptional circumstances. (Paragraph 49).

    (19)  We see no alternative to the general principle that copies of the register should be generally available, at least for electoral purposes. (Paragraph 50).

Penalties and incentives

    (20)  We .... do not think it is necessary or desirable for the state to be heavy handed in pursuing non-registration through the courts. ... The Home Office should gather reliable statistics from local authorities about the numbers of prosecutions and levels of fines. (Paragraph 52).

Making it easier to cast a vote

    (21)  We conclude that the time is right to consider a range of possible reforms to the physical process of casting a vote. (Paragraph 56).

    (22)  Reforms must therefore be approached cautiously and changes which are based on visions of what new technology can offer must be assessed not simply on the basis that they are 'modern' or 'exciting' but on whether they are safe and effective. (Paragraph 57).

Polling hours

    (23)  We recommend that harmonised voting hours of 7am to 9pm be brought in for local and national elections. (Paragraph 59).

Polling day

    (24)  We see sufficient potential advantage in weekend voting for it to be worth experimenting to see if it would actually generate the increased turnout hoped for. (Paragraph 64).

Absent voting: deadlines

    (25)  We recommend that the Home Office discuss with electoral administrators how much further the deadlines for (a) postal vote applications and (b) proxy vote applications could be reduced, and take the necessary steps to implement the agreed new timetables. (Paragraph 67).

Absent voting: entitlement

    (26)  We recommend that the various grounds for entitlement for an absent vote be abolished, and that electors be allowed to apply for an absent vote on demand. (Paragraph 70).

    (27)  We recommend in the meantime that the Government take steps to remind all GPs that they are obliged to deal with applications for absent voting free of charge. (Paragraph 71).

    (28)  We support the idea that registration officers should more actively promote take-up of absent voting entitlements, particularly those for indefinite entitlements; we suggest also that appropriate methods for doing this should be included in any mandatory minimum standards for registration introduced under our recommendation at paragraph 35 above. (Paragraph 72).

Early voting

    (29)  We consider that early voting facilities at convenient locations, specially adapted to assist those with disabilities but nevertheless open to all, should be introduced. (Paragraph 78).

    (30)  We consider that early voting stations should not open until the week in which the main polling day falls—i.e. the Monday before the main polling day. In order to prevent any effect on the rest of the election, exit polling of early voters should be prohibited. (Paragraph 79).

Choice of polling stations and their location

    (31)  We recommend that the increased computerisation of the work of registration officers should progress in such a way as to allow registers to be available and marked up at polling stations throughout a constituency on a common basis. When reliable technology is in place and tested and proven, but not before, we recommend that voters should be able to vote at any polling station in the constituency. (Paragraph 83).

Electronic voting

    (32)  We do not therefore recommend experimentation with electronic voting, though we accept that in the longer term this may require re-examination. (Paragraph 84).

Assistance for those with disabilities

    (33)  We conclude that the Home Office guidance to returning officers should recommend improved training of presiding officers in relation to the difficulties faced by disabled people, including a briefing prior to each election, so as to encourage them to allow maximum flexibility within the current rules. (Paragraph 86).

    (34)  We recommend that the Home Office guidance to returning officers on the conduct of accessibility audits makes use of national standards and suggest that the audits be carried out, wherever possible, in close co-operation with local disability groups. In particular, we recommend the establishment of local telephone "hot-lines" to ensure that access problems can be acted upon immediately. (Paragraph 88).

    (35)  We concur with [the view that compulsory standards should not be imposed at national level]. (Paragraph 89).

    (36)  We believe that in this important area of the exercise of democratic rights the cost of providing 100% grants is justified. In particular, full grants should be available for the cost of equipping all polling stations with polling booths accessible to the disabled. We also urge the Home Office to improve its advice to returning officers on the availability of grants and the deployment of the equipment. (Paragraph 90).

    (37)  We therefore recommend that the Home Office take any necessary steps to ensure that assistance by polling station staff and companions may be provided to all blind and partially-sighted persons who require it and that the companion providing assistance may be registered in any constituency. (Paragraph 91).

    (38)  We believe, however, that as a minimum the size and clarity of all ballot papers, including the type size for the candidate's description, should be improved with a large print reference copy displayed in each polling station. The Home Office should also pilot the use of Braille and large print templates. We therefore welcome the announcement that, subject to legislative opportunity, the Government now intend to make possible the introduction of polling aids for disabled people generally. (Paragraph 92).

    (39)  We believe that every practical option should be explored to enable disabled people and others with mobility problems to exercise their right to vote in person and recommend that a pilot exercise to assess the feasibility and cost of mobile polling stations should be undertaken. (Paragraph 93).

Abuse of proxy and postal voting

    (40)  We have no firm evidence to suggest that abuse of the absent voting system by people fraudulently influencing how such votes are obtained and cast is widespread. .... We recommend that the Home Office and returning officers conduct research, on a sample basis, into whether absent voters at a recent (or a forthcoming) election were satisfied that they were able to cast their vote free from any improper outside influence, and also into the question of delivery of the ballot papers once completed. (Paragraph 98).

Impersonation and vote tracing

    (41)  We broadly agree that there is at present no great problem with impersonation in British elections outside Northern Ireland, and we do not see a need to introduce any additional requirements to prove identity before being given a ballot paper. (Paragraph 102).

    (42)  We concur with Liberty's view that [the system of marking counterfoils to allow vote tracing should be abandoned]. (Paragraph 107).

Ballot papers

    (43)  We consider that there should continue to be some form of mark or identifier on ballot papers to enable a false paper to be readily identified. However, we regard the physical application of a mark to each such paper at the polling station as unsatisfactory, given how easily it can be accidentally omitted, leading to the effective deprivation of a valid vote. We therefore recommend that the Home Office and the electoral administrators identify and introduce a more up to date and simpler method than the present official mark. (Paragraph 110).

British citizens overseas

    (44)  We take the view that the twenty year maximum period within which a British citizen overseas may retain the right to vote is excessive and that the earlier limit—five years—should be restored. (Paragraph 116).

Foreign nationals in the UK

    (45)  We do not think the present voting entitlements for non-UK citizens need extension. (Paragraph 118).

Double registrations

    (46)  We recommend that, provided the administrative costs are not excessive, all persons registered on more than one register should be required to specify at the time of registration which one was to be regarded as their main residence and thus the one at which they would vote at any national election. (Paragraph 121).

Eligibility to be elected

    (47)  We recognise the argument for reducing the age for candidates to 18, but on balance we do not recommend such a change. (Paragraph 124).

    (48)  We therefore recommend that, with one exception, all restrictions on ministers of religion standing for, and serving as, Members of Parliament be removed; the exception would be in respect of all serving bishops of the Church of England who, for so long as places are reserved for the senior bishops in the House of Lords, should remain ineligible to serve as Members of the Commons. (Paragraph 127).

The number of candidates

    (49)  We agree that people who are putting forward genuine political views and policies should in a democratic society be able to stand as candidates without undue difficulty, even if their views are unlikely to secure the support of any more than a small minority of voters. At the same time, we do not believe the political process is enhanced or democracy well served by a proliferation of candidates who are standing purely for the sake of personal publicity, whether for the purposes of humour or of commerce. We therefore agree that it is right and proper for there to be some basic threshold candidates must pass if they are to be allowed to stand. (Paragraph 131).

    (50)  We do not favour a major increase in the threshold for becoming a parliamentary candidate but we do think some further rise would be appropriate in current circumstances. We recommend that:

      (a)  there should be a modest increase in the deposit to £700 for the next general election, and that the deposit should thereafter be indexed;

      (b)  the number of assentors required should be raised to 50, though returning officers should have a clear power of discretion to accept nomination forms containing only minor errors in the names and details of assentors; and

      (c)  before signatures of assentors are collected the nomination form must be authorised by the returning officer confirming that the candidate's name and description are accurate. (Paragraph 134).

Misleading names on ballot papers

    (51)  We accept that the position with respect to the prevention of the use of deliberately misleading names by candidates may be adequate in theory. In practice however there are still difficulties. We recommend that candidates should be nominated under a name by which they can show that they have been known for a given period before the election (such as the name by which they are listed in the electoral register). (Paragraph 138).

Misleading descriptions of candidates

    (52)  We welcome the provisions covering candidates' descriptions in the Registration of Political Parties Bill so far as they go. .... We believe however that returning officers will need stronger guidance than is provided in the Bill as to whether particular descriptions should be allowed. There may also be a need to establish a mechanism to ensure consistency between different returning officers' decisions. We conclude that the Government, electoral administrators and political parties should monitor developments closely, and that the Government should be ready to introduce further proposals if necessary. (Paragraph 145).

The present administrative structure

    (53)  We have received no serious criticisms of the present work carried out by the majority of local authorities and electoral officers, and we congratulate them on their record. (Paragraph 147).

An Electoral Commission?

    (54)  An electoral commission should be established, whether or not one is recommended by the Neill Committee [on Standards in Public Life]. The responsibilities of the Home Office would be correspondingly reduced. One of the tasks of the commission would be to ensure that the electoral process is continuously monitored and discussed and kept up to date. (Paragraph 156).


 
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