Commentary on Sections Part 4: Electoral Registration Section 32: Report by Electoral Commission on provision of identifying information
160.Section 32 requires the Electoral Commission both to monitor the operation of the section 30 arrangements (and any regulations made under section 31) and to submit an annual report to the Secretary of State. The outcome of the 2014 annual report must contain a recommendation which will help determine whether voluntary provision of identifying information by electors should become obligatory.
161.Subsection (1) sets out the Electoral Commission’s monitoring role.
162.Subsection (2) requires that the Electoral Commission produce an annual report, beginning one calendar year after that in which the section 30 duties first arise. The Commission are required to submit the report to the Secretary of State and to publish it in whatever way it sees fit.
163.Subsection (3) elaborates on the scope of the report by the Commission, requiring that they assess the adequacy of the electoral registration system in Great Britain, especially concerning the effectiveness of registration officers in meeting the registration objectives. Furthermore, the Commission must suggest any possible changes to the system in order to meet those objectives should it become compulsory for electors to provide identifying information.
164.Subsections (4) and (5) set out further requirements for the 2014 report, in addition to therequirements set out in Subsection (3). In 2014, the Commission should assess whether it would help or hinder the achievement of the registration objectives to make it compulsory for electors to provide identifying information. The Commission report must also make a recommendation as to whether Great Britain is ready to move to a system where voters must provide identifying information to register. The report should be submitted to the Secretary of State by 31 July 2014 and should subsequently be laid before Parliament as soon as possible by the Secretary of State.
165.Subsection (6) details conditions under which obligatory provision of identifying information, as provided for in section 33, should be brought into force: namely, that the Commission’s report recommends that the provision of identifying information by electors should be made compulsory, and that the recommendation receives Parliamentary approval in each House.
166.Subsections (7) and (8) explain the procedure to be followed should either the 2014 report not contain a recommendation that the Government make provision of identifying information by electors obligatory, or if the report contains a recommendation that it should become obligatory but Parliamentary approval is not received. Should either situation arise, the Secretary of State must require the Electoral Commission to submit an additional report under this section, addressing the topics laid down in subsection (4). The Secretary of State must, within 12 months, inform the Commission that he or she requires another report. Once the requirement is imposed the Commission will have up to a further two years from the date on which the requirement is imposed to deliver the report. If the report did not recommend that the collection of identifying information be made obligatory the 12 month period mentioned above is to be calculated by reference to the date on which the report which contains ether recommendation was submitted. If the report did recommend that it become obligatory but that recommendation did not receive parliamentary approval the 12 month period runs from the date when Parliament indicated that it would not approve it.
167.Subsection (9) clarifies that, should any further report be required after 2014, the same procedure applies as applied to the 2014 report.
168.Subsection (10) is intended to aid in the Electoral Commission’s production of the annual reports. So that the reports contain a full picture of the health of the registration system, registration officers are required to assist the Commission by providing them with information as they produce the annual reports.