Electoral Registration

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.

Yours sincerely

Bob castle

Dear Sir or Madam,

In relation to this request it has been identified by the House of
Commons that South Norfolk District Council is likely to have made
a false return to the Clerk of the Crown in Chancery. Could you
additionally confirm if this is the case.. and what action against
his acts and the Council that failed to appoint him are possible.
It is acknowledged that under the recent Boundary Committee
recommendations for Norfolk it has been recommended that South
Norfolk District Council should be abolished. However, it is also
understood that the Solicitor to the Council identified that a
Electoral Registration Officer and Returning Officer was not
required for the District. It seems very odd that they are still
the Solicitor to the SNDC having brought Parliament it is
anticipated into disrepute. The Local Government Ombudsman has
identified that the acts of the SNDC Solicitor was not
maladministration and caused no injustice.

Yours sincerely,

Stuart HARDWICKE CARRUTHERS

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,

Many thanks for your written reply of 17 September 2008 9Ref:
OPR/042/005/2057) identifying that you hold no information in
relation to the failure of council's to appoint either electoral
registration officers or returning officers.

Yours sincerely,

Stuart Hardwicke CARRUTHERS