The model that was used for the referendum is different from the model that is used for elections. The register that is used at elections continues on—it is permanent.
Under the referendum model, the only people who got access to data on all those who could register—16-year-olds and such—were the designated leads, which were the yes and no campaigns. The other 40 permitted participants—the other campaigners who had registered with us—could not access that data.
Under the current rules, all parties who have a legitimate right to access a register—candidates, councillors and such—would get access to the local government and Scottish Parliament register with everyone who is 16 or over on it. They would not get to see a list of those under 16.
The Information Commissioner’s Office has raised an issue that needs to be thought through. If we were to use the referendum model, attainers who would be 18 during the lifetime of the register would be on the local government and Scottish Parliament register, but everyone else would be on the young voters register and people would not get to see their details. There is an argument about child protection, and we are not child protection experts—you would have to ask those experts about the matter. However, we would raise issues of transparency and the ability to engage people of that age in terms of campaigning.
Another issue that we need to think through relates to donations. Under the bill, a person who is 14 years and nine months is likely to be an attainer on the register. It may be improbable but, if the law on registers remains the same, we think that an attainer can be a donor or a lender to a political party, or a candidate. The issue for candidates and political parties on regulated donors is that the permissibility of donations of more than £500 must be checked. If they cannot access the donor’s details, that would create an issue.
There may be a workaround, although we have not thought it through yet. In the referendum, permitted participants—campaigners in the referendum—got access to all registers in Scotland. They did not get access to registers in Northern Ireland, Wales and England. However, if a donation was received from those areas, our workaround was to suggest that the donor got a letter from the ERO saying that they were on the register in whichever area.
We are thinking through those issues, and we will need to write to you on them.