I beg to move,
That the Committee has considered the draft Representation of the People (Northern Ireland) (Amendment) Regulations 2025.
It is a pleasure to serve under your chairship, Mr Mundell. As we set out in our manifesto, this Government are committed to strengthening and encouraging participation in our democracy. The draft regulations will help to achieve that by ensuring that those who remain eligible to be registered, but who did not respond to the last electoral canvass, can remain registered while attempts are made to contact them. I thank the Electoral Commission and the chief electoral officer for Northern Ireland for their support in the design of the retention framework that is set out in the draft regulations.
Unlike the process in Great Britain, there is no annual canvass in Northern Ireland. Instead, the CEO is required to conduct a canvass at least every 10 years; the last was held in 2021. During the canvass, all eligible individuals must respond by completing a full new application form; otherwise, they risk removal from the register. The current law provides that individuals who do not respond to a canvass can be retained for up to three years if the CEO continues to be satisfied of their eligibility; such individuals are called retained electors. The CEO is able to assess eligibility by cross-checking the register with local and Government data.
Following the 2021 canvass, there are 87,000 retained electors on the register, or approximately 6% of the electorate in Northern Ireland. As that canvass took place three years ago, under the existing provisions they would all be removed from the register next month. That is why it is really important that we are all here today. The CEO’s assessment is that almost all of these retained electors remain eligible.
The draft regulations would correct the position by extending the retention period from three to six years. Given that three years have already elapsed since the 2021 canvass, the current retained cohort will start the new framework in year four of the 10-year cycle and will be subject to the provisions relating to years four to six of the scheme. Electors retained on the register following any subsequent canvass, including the one scheduled for 2030, will be subject to the steps for years one to six.
Crucially, the new provisions stipulate the required minimum engagements by the CEO in each retention year to encourage re-registration, including an annual audit of retained electors and a framework of correspondence. The provisions are designed to prevent the loss of retained electors, which would have a negative impact on the quality of the electoral register in Northern Ireland and would potentially disenfranchise electors.
The CEO is clear that he has full confidence in the quality of the data available, allowing him confidence in retention and removals where they are warranted. Owing to additional data and improvements in data science, the data available is of a much higher quality than when the current law was conceived.
I will explain a little more about the details of the framework. The draft regulations will introduce a new residence audit that the CEO will be required to conduct annually to check residence details of retained electors against the external data available. Where the audit raises a question as to the elector’s residence, a removal warning notice must be sent. If the elector does not re-register within 28 days of the notice, they will be removed from the register.
In years one to three following the canvass, if the CEO remains satisfied as a result of the audit that the elector remains eligible to be on the register, no further action will be taken. However, in years four to five of the electoral cycle, which is where we are now, if the CEO is satisfied that retained electors remain resident, they will be sent a household notice showing which electors must re-register or risk removal. They will not, at that stage, be removed, but the primary legislation is clear that non-respondents may not be retained indefinitely. Consequently, in the sixth and final year, all remaining retained electors will be sent up to three notices informing them that they will be removed if they do not re-register. If they fail to respond, they will then be removed.
The purpose of the framework is to ensure that reasonable efforts are made to prevent the loss of eligible electors from the register. As the last canvass was held in 2021, only those provisions in the regulations concerning years four to six will apply to the current retained electors. I hope that the Committee agrees that these changes will encourage and secure participation in the democratic process in Northern Ireland.