I. INTRODUCTION AND SUMMARY

  1.  There has been growing concern at the perceived level of electoral malpractice in Northern Ireland. The Government is committed to protecting the right to free and fair elections and electoral fraud is a crime. Indeed, the range of penalties, although infrequently invoked due to the difficulty of prosecution, demonstrates the seriousness with which this and previous governments have viewed the problem of electoral abuse. [1] Electoral abuse is an affront to democracy and the Government is determined to combat it wherever it occurs. This White Paper sets out the Government's proposals for doing so in Northern Ireland.

  2.  The precise extent of electoral fraud in Northern Ireland is not known; the perception that it is widespread comes from anecdotal evidence. [2] Nevertheless, it is apparent to those involved in elections, officials and politicians alike, that individuals and groups from across the political spectrum often abuse their right to vote and successfully defraud the poll. The public perception of widespread electoral abuse is itself a cause for concern, in that it has the effect of discrediting the poll and undermining the authority of elected representatives. As long as the results of elections bear such significance for the community at large, the ballot box will be the object of extraordinary effort, both legitimate and illegitimate. The Government is determined, working with the Chief Electoral Officer for Northern Ireland, the political parties and others, to put in place effective measures to prevent electoral abuse where it occurs.

  3.  The problem of electoral abuse has exercised Governments repeatedly over the years, and it has been an important issue again during this Parliament. It has been raised by the Chief Electoral Officer for Northern Ireland and his staff, by party officials from across the community, and by the Northern Ireland Affairs Select Committee. Together with these, the Government has examined the problem and the possible solutions with great thoroughness. Following the 1997 general election, three reports on electoral abuse were prepared simultaneously: by the Northern Ireland Forum Committee on Electoral Malpractice (1997), by NIASC (March 1998) and by the NIO (Administering Elections in Northern Ireland, October 1998). Minor legislative changes were introduced in 1998 in response to these reports. [3] More substantial changes are due to flow from the publication of this paper, which follows extensive discussions with all interested parties.

  4.  The responsibility of the Government is two-fold: to protect the democratic exercise of the franchise and to combat abuse at the poll. Any measure intended to prevent electoral fraud must be set against the effect it will have on legitimate voters. It is not the Government's intention to cause inconvenience to anyone except those intent upon fraud. Indeed, it is hoped that where the threat of fraud is reduced, the credibility of the poll will be enhanced, and that this should encourage more people to exercise their right to vote. It is the Government's policy to increase public participation in elections, underlined by pilot projects in Great Britain and changes in the law by means of the Representation of the People Act 2000. The measures outlined in this paper run contrary to the specific practices introduced in Great Britain to widen participation at elections; this reflects the very different circumstances surrounding elections in Northern Ireland. However, the ultimate aim remains the same. In partnership with the Electoral Office and the political parties in Northern Ireland, the Government believes that electoral abuse can be tackled, to the benefit of the democratic process and thereby to society at large.

  5.  The specific task of the Government is to ensure that the legislation governing elections in Northern Ireland provides the Chief Electoral Officer for Northern Ireland with the powers necessary to protect the legitimacy of the poll. The Chief Electoral Officer, who is charged with compiling the electoral register and administering elections, is an independent officer reporting to the Secretary of State and responsible to the courts. He is not an agent of the Government. He is only able to operate within the electoral law as it stands. The policy that this paper contains is principally concerned with changes to the law. It reflects close consultation with the Chief Electoral Officer and his staff, as well as the political parties in Northern Ireland, which have expressed broad support for the proposed reforms.

  6.  The proposals are:

·  The collection of additional personal identifiers at registration

·  The establishment of electoral investigation teams

·  The monitoring of multiple registration

·  The introduction of bar-coded AV application forms and declarations of identity, and, eventually, automated processing of AV applications and declarations.

·  The requirement to provide a signature and confirmation of date of birth on AV applications and declarations.

·  The maintenance of order at the polling station through the application of existing police powers

·  The introduction of a voluntary photo-ID card (the voter ID card) for use at the polling station

·  The removal of all non-photographic forms of ID on the list of specified documents

·  The use of the date of birth collected at registration as a means of checking the authenticity of the proffered identity document

·  The introduction of a third statutory question permitted to the presiding officer

·  Incremental moves towards the introduction of a comprehensive and secure electoral identity system, probably incorporating biometric technologies.

  7.  These proposals are being published at the same time as the Chief Electoral Officer is announcing a number of reforms in the Electoral Office, which will have immediate effect. These are:

  (a)  The initiation on behalf of the Electoral Office of a research project designed to measure the incidence of electoral fraud.

  (b)  The Electoral Office will continue to investigate in conjunction with the RUC all possible instances of electoral fraud, in particular in relation to absent voting.

  (c)  A return to locally-managed Absent Vote application procedures.

  (d)  The issuing of renewed guidance for both polling agents and polling clerks/presiding officers.

  (e)  An enhanced training provision for both electoral staff and local council officials involved in elections.

  (f)  The reinforcement of existing liaison between the Electoral Office and the police.

  The Government welcomes these developments and seeks in this White Paper to build upon them.

2   A research project will be initiated on behalf of the Chief Electoral Officer to ascertain the incidence of vote stealing. Using the marked registers available after an election, it should be possible to find out whether all those who are marked as having voted did in fact vote. Whilst this does not take account of those who vote several times under their own name, it should give an impression of the extent of vote stealing. Back

3   The Representation of the People (Northern Ireland)(Amendment) Regulations 1998, S.I. 2870. Back