EXPLANATORY NOTE
(This note is not part of the Order)
This Order establishes a scheme of anonymous registration for people for whom the publication of their name and address on 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 the Electoral Administration Act 2006, which inserted sections 9B and 9C into the Representation of the People Act 1983 (the “1983 Act”). Part 1 of Schedule 1 to the Electoral Administration Act 2006 made consequential amendments. Those provisions did not extend to Northern Ireland. Section 1 of the Northern Ireland (Miscellaneous Provisions) Act 2006 provides for a power to make equivalent provision in Northern Ireland.
In February 2008 the Government consulted on making provision for anonymous registration in Northern Ireland (Anonymous registration: Protecting voters at risk in Northern Ireland). The Government published its response to consultation in February 2009 and committed to introducing a scheme allowing voters at risk to register anonymously. The response outlined the areas in which the provisions on anonymous registration would differ from those in Great Britain. In September 2013, the Government undertook a further public consultation (Anonymous registration: protecting voters at risk in Northern Ireland), which included draft legislation.
Article 2(1) extends sections 9B and 9C of the 1983 Act to Northern Ireland. Section 9B provides for electors to have an anonymous entry in the electoral register in certain circumstances. If a person is eligible for registration, but fears that his safety or that of another person resident in the same household would be at risk if he were identifiable from the electoral registers, he may apply to have an anonymous entry in the register. An anonymous entry contains only the person’s electoral number and letters prescribed in regulations. Section 9C provides for the circumstances in which an anonymous entry will be removed from the register. Article 3(2) to (3) amends sections 9B and 9C of the 1983 Act to reflect the different legislative framework and policy in Northern Ireland. Unlike in Great Britain, the entitlement to remain registered with an anonymous entry will not terminate after 12 months. Instead, the entitlement to remain registered with an anonymous entry will terminate at the end of a period determined by the Chief Electoral Officer in accordance with regulations. That period can last for up to five years. Article 8(2) provides for sections 9B and 9C of the 1983 Act to apply to local and Assembly elections in Northern Ireland.
Article 2(2) extends to Northern Ireland many of the consequential amendments made by Part 1 of Schedule 1 to the Electoral Administration Act 2006. The following consequential amendments of the 1983 Act now extend to Northern Ireland: section 4(5A); amendments to section 9; section 10(3)(c); section 10A(3B); amendments to section 10A(5); section 49(4A); amendments to section 62; section 91(2A) to (2B); section 121(1A); amendments to section 201; rule 7(7), Schedule 1; rule 28(3A), Schedule 1; amendments to rule 29, Schedule 1; amendments to paragraphs 1, 2B, 3B, 5, 8A and 10 of Schedule 2; and paragraph 10(2), Schedule 2A. Section 3(4A) of the Representation of the People Act 1985 now extends to Northern Ireland. The following consequential amendments of the Political Parties, Elections and Referendums Act 2000 now extend to Northern Ireland: section 65(2A); paragraph 2(3B) to (3C) of Schedule 6; amendments to paragraph 3 of Schedule 6; paragraph 10(4A) of Schedule 7; paragraph 10(4) of Schedule 11; and paragraph 10(4) of Schedule 15. Article 8(3) applies some of those extended provisions to local and Assembly elections in Northern Ireland.
Article 3(4) inserts subsection (1)(ba) into section 58 of the 1983 Act to provide for a right of appeal against the registration officer’s determination in relation to an application for an anonymous entry or a review of entitlement to an anonymous entry.
Article 3(5) to (11) amends the Parliamentary Elections Rules in Schedule 1 to the 1983 Act to 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. Articles 6(10) to (14), 7(4) and 12 make equivalent amendments in relation to local and Assembly elections.
Article 4 repeals amendments made to sections 10 and 10A of the 1983 Act by Schedule 4 to the Electoral Registration and Administration Act 2013, which are no longer necessary following the implementation of a system of anonymous registration in Northern Ireland.
Article 5 amends sections 5 to 9 of the Representation of the People Act 1985, which provide for absent voting in parliamentary elections in Northern Ireland. In particular, the amendments provide that: persons with an anonymous entry and their proxies (where applicable) are automatically eligible for an absent vote; persons with an anonymous entry and their proxies (where applicable) can only vote by post and not in person; and the postal voters list and the list of proxies must contain only the person’s electoral number and the period for which the anonymous entry has effect. Article 7(1) to (3) makes equivalent amendments to the Local Elections (Northern Ireland) Order 1985 in relation to absent voting in local elections. These changes, together, will apply to Assembly elections.
Article 6(1) to (9) amends the Electoral Law Act (Northern Ireland) 1962 to provide that: a person with an anonymous entry cannot question a local election; “record of anonymous entries” is defined; where a person with an anonymous entry has made a donation to a candidate, the candidate’s election agent must provide a certificate of anonymous registration together with their statement; a person with an anonymous entry cannot subscribe a nomination paper for a local election; postal voters, including those with an anonymous entry and their proxies, will receive an official postal poll card.
Articles 6(15) to (18) and 7(3)(j), together with the Schedule, make amendments to the forms for local elections to remove the names of persons with an anonymous entry.
Articles 9 and 10 amend the Schedule to the Elections Act 2001 and the Schedule to the Local Elections (Northern Ireland) Order 2013, which provide for the combination of local and parliamentary elections and local and European Parliamentary elections respectively.
Article 11 amends the Juries (Northern Ireland) Order 1996 to ensure that the fact that a person has an anonymous entry is notified to the Juries Officer together with the information passed by the Chief Electoral Officer under Article 4 of that Order. Articles 26A to 26C are amended to ensure that the personal details of a person who has an anonymous entry on the register will not be disclosed.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.