ACSeS responds to Government Consultation on the Edited Register of Electors

‘The issue should be not whether or not the edited register is abolished, but how and when’.

1. On 24 November 2009 the Ministry of Justice issued a Consultation Paper on the future of the Edited Register of Electors.
2. In responding to the Consultation on behalf of ACSeS, Mark Heath (Solicitor to The Council with Southampton City Council) made clear the Association’s view that the Electoral Register is compiled for the purposes of conducting elections and no secondary use should ever be made of that data if it in any way diminishes or reduces the effectiveness of the democratic process.
3. Worryingly, given falling election turnouts in recent years, ACSeS considers that re-use of data through the edited register may well deter electors from registering.
4. Therefore, whilst ACSeS acknowledges that some commercial businesses (and, indeed, some charitable organisations) do currently make use of the edited register for secondary purposes, the predominant issue and principle concern (namely effectiveness of the democratic process) must override any secondary considerations.
5. ACSeS believes that the Consultation highlights a most  important issue, namely that the edited register, a document containing data collected for a specific public  purpose, is available for sale to anyone for any purpose whatsoever, and perhaps most notably for commercial purposes.  That is clearly a matter of significant and justifiable concern.
6. Mark Heath said that:
   ‘In all the circumstances the position should be not whether or not the edited register is abolished, but how and when this should happen.’

Notes for Editors

1. ACSeS represents Chief and Senior Legal Officers of all English and Welsh local authorities and is the professional association for managers of corporate governance (legal, administrative, democratic, scrutiny and standards functions) and statutory monitoring officers and their deputies in local authorities in England and Wales.
2. The current President of ACSeS is Dr. Mirza Ahmad. Dr Ahmad is Corporate Director of Governance (and Monitoring Officer) of Birmingham City Council, the largest local authority in UK.
3. The Association plays a leading role in developing governance arrangements in local government and works closely with other associations, Government Departments and agencies. The Association also provides a network for its members to enable discussion, consultation, training and development on legal and governance matters.
4. The Consultation Paper can be viewed at: http://www.justice.gov.uk/consultations/electoral-registers-consultation.htm
5. As the Government points out in the Consultation, unlike the full electoral register (the supply and use of which is strictly regulated in law) the Edited Register is available for sale to anyone for any purpose. Members of the public may choose to have their details omitted from the Edited Register by ‘opting out’ through ticking the box included for the purpose on the form used for the annual canvas, which is sent each year to every household to determine the names of those to be included on the electoral register. Once produced, the Edited Register is used by a number of groups like charities and businesses for a variety of purposes including, but not limited to, compiling mailing lists.
6. The Consultation Paper contained six options for change; three for abolishing the edited register and three for retaining it. These are as follows:

Options abolishing the Edited Register

Option 1: Abolish the Edited Register as soon as practicable.
Option 2: Set a timescale or ‘trigger point’ for abolition of the Edited Register.
Option 3: Abolish the Edited Register as soon as practicable, but extend access to the Full Register for other purposes to be decided in light of the consultation.

Options retaining the Edited Register

Option 4: Retain the Edited Register, but impose restrictions in legislation on who can purchase it and for what purposes.
Option 5: Replace the current ‘opt out’ provision with an ‘opt in’.
Option 6: Improve guidance for the public about the Edited Register.

For all Press Enquiries, please contact our Communications Officer: Dr. Nicholas Dobson nicholas.dobson@tiscali.co.uk