The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (the “2001 Franchise Regulations”), the European Parliamentary Elections (Northern Ireland) Regulations 2004 (the “2004 Regulations”) and the European Parliamentary Elections Regulations 2004 to implement a scheme of anonymous registration for European Parliamentary elections in Northern Ireland. The 2001 Franchise Regulations give effect to Article 22.2 of the Treaty on the Functioning of the European Union and the requirements of Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals.

Anonymous registration is available to those persons for whom the publication of their name and address in the electoral register would pose a threat to safety. This may include victims of domestic violence, witnesses in certain criminal cases and other vulnerable people who may wish to vote but are afraid that certain individuals may use the electoral register to establish their whereabouts. Provision for anonymous registration in Great Britain was made by section 10 of, and Schedule 1 to, the Electoral Administration Act 2006 (c. 22). Those provisions were extended to Northern Ireland in respect of parliamentary and local elections, with some modifications, by the Anonymous Registration (Northern Ireland) Order 2014. Under that scheme, an elector is entitled to have an anonymous entry in the electoral register for up to five years if the safety of the applicant, or that of any other person of the same household, would be at risk on publication of the applicant’s details in the register. The registration officer will determine when a person’s entitlement to an anonymous entry will expire and, unless the person makes a fresh application for such an entry or for a regular entry in the register, the person’s entry will be removed from the register on that date (sections 9B and 9C, Representation of the People Act 1983 (c. 2)). These Regulations apply those provisions to European Parliamentary elections in Northern Ireland and make further changes to implement the system of anonymous registration.

Regulations 2 to 8 amend the 2001 Franchise Regulations so that relevant citizens of the Union entitled to vote at European Parliamentary elections in Northern Ireland will be able to apply for an anonymous entry on the register. This means that relevant citizens of the Union will have the same entitlement to be registered anonymously as a voter who is a national of the UK (see Council Directive 93/109/EC (OJ L 329, 30.12.1993, p.34)). Regulation 8 amends Schedule 1 to the 2001 Franchise Regulations to ensure that the application of sections 9B and 9C of the Representation of the People Act 1983 takes into account recent amendments of those sections, and to apply certain provisions of the Representation of the People (Northern Ireland) Regulations 2008 to applications for an anonymous entry on the register.

Regulations 11 to 14, 19, 27, 29 to 34, 40, 41, 45, 52 and the Schedule provide for absent voting by persons with an anonymous entry and their proxies at European Parliamentary elections in Northern Ireland. In particular, the amendments provide that: persons with an anonymous entry and their proxies are automatically eligible for an absent vote; persons with an anonymous entry and their proxies can only vote by post and not in person; the postal voters list and the list of proxies must contain only the elector’s electoral number and the period for which the anonymous entry has effect; persons with an anonymous entry must state that fact on an application for an absent vote, and will not have to provide an explanation for a ballot paper to be sent to a different address from that in the register or the record of those who have been granted an absent vote; an application by a person with an anonymous entry for the appointment of a proxy must be accompanied by an application by the proxy for a postal vote; the registration officer must not make available for inspection a copy of any record relating to a person with an anonymous entry or the proxy of such a person; postal voters, including those with an anonymous entry and their proxies, will receive an official postal poll card; the postal ballot papers issued to a person with an anonymous entry or the proxy of such a person must be sent to the address that would have appeared in the absent voters list or the list of proxy voters if such information had not been confidential; and if a person with an anonymous entry or the proxy of such a person is to be included in the list of spoilt ballot papers, that list must show only the person’s electoral number.

Regulations 21 to 26, 36 to 39, 42 to 44, 50 and 51 allow a person with an anonymous entry, or the proxy of a person with an anonymous entry, to mark a tendered postal ballot paper if that person claims to have lost or not received the issued postal ballot paper.

Regulation 16 provides that candidates may require the returning officer to make arrangements to send election post free of charge to persons with an anonymous entry and their proxies.

Regulation 17 provides that a person with an anonymous entry cannot question a European Parliamentary election.

Regulations 47 and 48 provide that where a person with an anonymous entry has made a donation to a candidate at a European Parliamentary election, the candidate’s election agent must provide a certificate of anonymous registration together with their statement as evidence that the donor is on a UK electoral register. Regulation 53 provides that a certificate of anonymous registration issued by the Chief Electoral Officer can also be used by a candidate in a European Parliamentary election in Great Britain as evidence that the donor is on a UK electoral register.

Regulations 10, 15, 20 and 35 make minor and consequential amendments to the 2004 Regulations in relation to anonymous registration.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.