Dear Sir or Madam,

I recently submitted an FoI request to the House of Commons and
they have suggested that I seek a reply from the Electoral
Commission, as well as the Ministry of Justice. An identical
request is being made to the Dept for Communities and Local
Government as they sponsor the Audit Commission who are responsible
for identifying these problems. However, it appears that the
District Auditor exercised discretion and failed to make the
Electorate aware.

It seems very odd and we have spoken about this at some length in
the past - that a Council on it is understood the advice of its
solicitor can knowingly decide not to appoint either an Electoral
Registration Officer or returning officer at a time when
considerable manipulation of the basic democratic infrastructure in
the District (Council Tax Records and Electoral Roll).. and the MP
having not been properly elected should identify that they won't
look at problems with the District Council. This appears to enable
a Council and the Political Parties to seriously contravene the
European Convention of Human Rights which was established to stop
this sort of thing happening. Please provide any research that you
have undertaken and or decisions that have been made identifying
concrete proposals to stamp out this abuse by the Political
Parties.

Or are Local Council's and the political parties that run them
totally unaccountable. The Conservative Party that has since taken
over the South Norfolk District Council identified that independent
legal advice was required. However, since gaining power and with
the majority of the same Executive in post have chosen to do
nothing. The request posted to the House of Commons and reply is
attached.

Yours faithfully,

Stuart HARDWICKE CARRUTHERS

Dear Sir or Madam,

On about 02 December 2008 the South Norfolk District Council stated
in its agenda.

Under Section 8 of the Representation of the People Act 1983, every
district council must appoint an officer of the Council to be
Electoral Registration Officer. The Registration Officer's duties
and powers may be performed and exercised by any deputy approved by
the council, which appointed the registration officer. It would
seem that following the retirement of Mr Kellett; Mr Rivers was not
officially appointed Electoral Registration Officer. It does not
appear in his job description, likewise there is a need for a
designated deputy. It is therefore suggested that Council appoint
the present Chief Executive, Mr G Rivers and the Electoral Services
Manager, Mr A Evans to the positions mentioned above.

It is understood that it is a duty of a Council to appoint both an
Electoral Registration Officer and Returning Officer and that the
external auditors make a Council aware annually (normally the Chief
Executive). It is understood that the SNDC functioned without
either for about five years.

It is understood that BACON, R was returned by the district to
Parliament without a Returning Office, and that serious problems
with the Electoral Roll and Council Tax records of the South
Norfolk District Council were identified by the Audit Commission.
BACON R was aware of the problems.

Could you provide all copies of all advice provided to BACON, R by
the relevant bodies, and a copy of the notice that shall have been
submitted by Bacon, R identifying that he had been returned to
Parliament without a Returning Officer.

Would you further identify how many other MP's are elected to
Parliament by Districts that have failed to appoint either an
Electoral Registration Officer or Returning Officer.. and how many
members of parliament bring this problem to the attention of
Parliament since 2000.

Yours faithfully,

Stuart HARDWICKE CARRUTHERS

CASTLE, Bob House of Commons

19 August 2008

Dear Mr Hardwicke Carruthers

The information you require is not held by the House of Commons. I
understand that at the beginning of a new Parliament the Clerk of
the Crown in Chancery will deliver to the Clerk of the House a
return book, which lists the members who won constituency seats and
therefore have the right to serve in Parliament. A copy of the book
is delivered to the Clerk of the House and, as "Erskine May" (A
Practical Treatise on the Law, Privileges, Proceedings and Usage of
Parliament - known as Parliamentary Practice or simply Erskine May)
says, "is sufficient evidence of the return of a Member". For the
information you require, you might consider submitting your request
to the Ministry of Justice (Clerk of the Crown in Chancery),
Electoral Commission or the South Norfolk District Council.

http://www.justice.gov.uk/requestinginfo...
http://www.electoralcommission.org.uk/ab... quests
http://www.south-norfolk.gov.uk/democrac...

The House will consider complaints in relation to its handling of
this request. These should be addressed to [House of Commons
request email] Please ensure that you specify the nature of your
complaint and any arguments or points that you wish to make. If you
remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Bob castle

Dear Sir or Madam,

In response to an additional Freedom of Information request the
South Norfolk District Council have identified that they have not
appointed an ERO or an RO since 2007 when a new Council was
elected. There have been a number of elections held. It is also
understood that the Council when Bacon R was last returned to
Parliament failed to appoint either an ERO or a RO.

Yours sincerely,

Stuart Hardwicke Carruthers

I am currently out of the office on annual leave. I will be back in the office on September 15th. My emails will be checked for freedom of information requests. If you have any urgent queries that need to be dealt with before my return date, please contact my colleague Izabella Evans at [email address] or Marianne Potter at [email address]. Thank you.

Dear Sir,

Our Ref: FOI 92/08
Thank you for your request under the Freedom of Information Act dated 5 September 2008, requesting the following:
'As the requirement to appoint an ERO and RO (local and national) is statutory would you:
a) identify if the failure to appoint them is your
responsibility or that of the Council and its Solicitor to the
Council?
b) provide copies of any research that has been undertaken and
guidance that has been provided by yourselves to either ministers
or Council's on this issue .
c) provide a list of all Council's that function as
Electoral Registration Districts that have failed to appoint an ERO
and RO for the last ten years, details of all elections that have
been held, and the expenses associated with elections when neither
an ERO and/or RO had been appointed.
d) identify how many Council elections for the last
ten years have been declared invalid due to a Council's failure to
appoint an ERO and a RO and provide copies of any reports that you have
prepared identifying that virtually all elections in England have
been invalid due to a failure of the representatives of the
political parties that run Council's to appoint either an ERO or a
RO.
e) identify if the Electoral Commission has entered
into a memorandum of understanding with the Commission for Local
Administration England and/or the Local Government Ombudsman
identifying that a failure of a Council not to appoint an ERO or an
RO is not maladministration causing injustice, and should not be
regarded as such and provide a copy.
f) provide copies of any documentation that you
might have available identifying if the Electoral Commission has
made the government aware of the failure of Electoral Registration
Districts to appoint an ERO and a RO, and if the Electoral
Commission shall be identifying that all election expenses incurred
as part of elections related to those where an ERO and a RO have
not been appointed are not valid, and should be recovered from the
Political Parties that have failed to appoint either RO's or ERO's.'

The Commission aims to respond to requests for information promptly and within the statutory timeframe of twenty working days.
You may expect to receive a reply sent from the Commission by 3 October 2008,
Izabella Evans Legal Officer
Tel: 020 7271 0523
Fax: 020 7271 00505
www.electoralcommission.org.uk
www.aboutmyvote.co.uk

Democracy matters

P Please consider the environment before printing this email.

Dear Sir or Madam,

I would very much appreciate a reply on this issue (and any
documentation that you hold in relation to guidance) - as South
Norfolk through an additional FoI have identified that the
Council(s) have again failed to appoint either an Electoral
Registration Officer or a Returning officer.

Please could I instigate your complaints procedure.

Yours sincerely,

Stuart Hardwicke Carruthers

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Electoral
Commission's handling of my FOI request 'Electoral Registration'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/el...

Yours sincerely,

Stuart Hardwicke CARRUTHERS