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Proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004

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Proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004 House of Commons Regulatory Reform Committee Proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004 Second Report of Session 2004–05 Report, together with formal minutes, oral and written evidence Ordered by The House of Commons to be printed 7th December 2004 HC 118 Published on 20th December 2004 by authority of the House of Commons London: The Stationery Office Limited £17.50 The Regulatory Reform Committee The Regulatory Reform Committee is appointed to consider and report to the House of Commons on proposals for regulatory reform orders under the Regulatory Reform Act 2001 and, subsequently, any ensuing draft regulatory reform order. It will also consider any “subordinate provisions order” made under the same Act. Current membership Mr Peter Pike (Labour, Burnley) (Chairman) Mr Russell Brown (Labour, Dumfries) Brian Cotter (Liberal Democrat, Weston-super-Mare) Mr Jeffrey M. Donaldson (Democratic Unionist, Lagan Valley) Mr Dai Havard (Labour, Merthyr Tydfil and Rhymney) Andy King (Labour, Rugby and Kenilworth) Mr Mark Lazarowicz (Labour, Edinburgh North and Leith) Mr Andrew Love (Labour/Co-operative, Edmonton) Mr John MacDougall (Labour, Central Fife) Chris Mole (Labour, Ipswich) Mr Denis Murphy (Labour, Wansbeck) Dr Doug Naysmith (Labour/Co-operative, Bristol North West) Mr Archie Norman (Conservative, Tunbridge Wells) Andrew Rosindell (Conservative, Romford) Mr Anthony Steen (Conservative, Totnes) Brian White (Labour, Milton Keynes North East) Powers The full constitution and powers of the Committee are set out in House of Commons Standing Order No. 141, available on the Internet via www.parliament.uk. Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/regrefcom A list of Reports of the Committee in the present Session of Parliament is at the back of this volume. Committee staff The current staff of the Committee are Mick Hillyard (Clerk), Stuart Deacon (Committee Specialist), Brian Dye (Committee Assistant) and Liz Booth (Secretary). Contacts All correspondence should be addressed to the Clerk of the Regulatory Reform Committee, Committee Office, 7 Millbank, London SW1P 3JA. The telephone number for general enquiries is 020 7219 2837; the Committee’s email address is [email protected]. Proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004 1 Contents Report Page Summary 3 Report under Standing Order No. 141 5 1 Introduction 5 2 Background 5 3 Purpose of the proposal 7 4 Extent of the proposal’s application 9 5 Assessment of the proposal against the Standing Order No. 141(6) criteria 9 Appropriateness 9 Our approach: size 10 Our approach: controversy 11 Our approach: legislative significance 14 Appropriateness: our conclusions 16 Vires 17 Burdens and new burdens on informants 18 Burdens on Registrar General 19 Pilot schemes 20 Offences 21 Removal and reduction of burdens 21 Necessary protection 22 Form of the Register 22 Limitations on duties to be placed on Registrar General as administrative head of the Office for National Statistics 23 Identity of informants 24 Authorised Users 25 Rights and freedoms 26 Access to services 27 Future access to records 29 Rights to obtain certified copies of entries in the Register 31 Proportionality and fair balance 32 Desirability 33 Elucidation, plain English and drafting issues 33 Article 20 34 Article 24 34 Article 27 35 Articles 6 and 54 35 Schedule 10 36 Article 63(5)(f) 37 Subordinate provisions 37 2 Regulatory Reform Committee Compatibility with membership of the European Union 41 Consultation 41 Costs and benefits 43 Charges to be made to a public authority 45 6 Any matters to raise under Standing Order No. 141(5) 46 The quality of explanatory material 46 The Employment position of registration service office holders 47 Call centres for telephone registration 49 7 Conclusion 50 Appendices to the Report 52 Appendices to the Minutes of Evidence 52 Formal minutes 51 List of written evidence 52 List of witnesses 53 Written evidence 54 List of unprinted written evidence 109 Oral evidence Ev 1 Reports from the Regulatory Reform Committee in the previous and present Session inside back cover Proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004 3 Summary The civil registration of a birth or death is an important life event that affects everyone. The proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004 is designed to modernise that area of law in England and Wales which governs the process of the registration of the births and deaths of individuals and, in so doing, to permit reforms to the way in which registration services are managed and provided. The legal reforms arising from the proposal and the non-statutory administrative changes it would engender would enable the modernisation of a necessary service that has changed little since it was first established in the 1830’s. The registration system, while it is widely considered to function effectively, fails adequately to reflect current forms of family relationship; is perceived to be anachronistically organised around the act of completing written entries in paper registers in the physical presence of informants at Register Offices; and also is legally unable to make use of computer technology in either the communication of data for entry into the registers, the keeping of the formal records (i.e. ‘the register’ itself), or the subsequent supply of information from the register to those who have a need or a wish to view it. In addition to changing how records are produced and kept, the Government proposes to reform the structure and status of the local registration service, making it effectively a function of the local authority in each area. In our scrutiny of the proposals we have been aware that many concerns articulated in respect of the General Register Office’s original proposals at consultation stage have yet to be addressed. To some extent, more detailed development work of the new computer- based registration system is still in process and detailed information about how aspects of that system will function in practice are as yet unknown. After having taken further oral and written evidence from the responsible Minister, the General Register Office and a number of interested parties we have concluded that the Government has not provided a sufficiently convincing case for us to conclude the proposals are suitable for introduction by delegated legislation. We also have concerns about the vires of aspects of the proposal. The Committee considers that the sweeping nature of the proposed changes in such a sensitive area makes the proposal inappropriate for implementation by means of a regulatory reform order. Proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004 5 Report under Standing Order No. 141 1. The Regulatory Reform Committee has examined the proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004 in accordance with Standing Order No. 141. We have concluded that the Order-making power should not be used in respect of the proposal. 1 Introduction 2. On 22 July 2004 the Government laid before Parliament a proposal for the Regulatory Reform (Registration of Births and Deaths) (England and Wales) Order 2004 in the form of a draft of the Order and an explanatory memorandum and Regulatory Impact Assessment prepared by the General Register Office (part of the Office for National Statistics, and one of the Chancellor of the Exchequer’s Departments). 3. The House has instructed us to examine the proposal against the criteria specified in Standing Order No. 141 (6) and to report in the light of our examination whether the Government should proceed with a Regulatory Reform Order in the form of the proposal, should amend their proposals before laying a revised draft of the Order or whether the Order should not be made.1 4. Our discussion of matters arising from the proposal is set out below. 5. In the course of deliberations on the proposal, we sought written comment from any interested party and we received letters from 42 individuals, companies and other bodies. We also took oral evidence from UNISON, the Society of Registration Officers, the Federation of Family History Societies, the National Council on Archives and the Financial Secretary to the Treasury and his officials from the General Register Office.2 During our oral evidence sessions we were pleased to be joined by Dr Brian Iddon MP, who is Patron of the Society of Registration Officers. We also acknowledge the assistance of the Scrutiny Unit of the Department of the Clerk of the House and of the House of Commons Library. We are grateful to all those who have assisted us with our scrutiny of the proposal. 2 Background 6. The explanatory statement by the General Register Office (GRO) records that the current registration service in England and Wales has its origins in legislation introduced in the 1830s.3 The system of paper based registers maintained by local registrars under the central policy-making direction and information processing role of the Registrar General has not changed substantially since its beginnings. The Government has now developed plans for the modernisation of the service but as the system was established and is 1 These alternatives are laid down in Standing Order No. 141(2) 2 Written evidence received is listed on page 52; witnesses questioned in oral evidence are listed on page 53. 3 Explanatory statement, paragraph 2.1.2 6 Regulatory Reform Committee administered under a series of statutory provisions, legislation is needed to permit modernization to take place.
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