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,

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

<<080918 FOI Response to Hardwicke Carruthers Electoral Registration F0002731.doc>>

Dear Mr Hardwicke Carruthers

Please find attached our response to your FOI request dated 19th August 2008.

FOI Advice Team
Knowledge Management Division
Zone 4/D10, Ashdown House, Victoria
GTN: 3533 4569 / 8583 / 17400

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Please note correct Ref No. above (not F0002732)

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