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Census 2011 – duping innocent voters into breaking the law?

Author: Charon QC

14 Mar 2011 | 13:29 | 5 comments

right

I received the Census 2011 form through the post last week. Rather than waste even more time on this I decided to use the online form - which was extremely quick and far easier than faffing with the paper version which newspapers were reporting this morning had baffled 61% of the population.

Relying on the advice given on the Census 2011 online page:

"You will be able to complete your census online questionnaire any time between 4 March and 6 May 2011."

I completed my Census form online before Census Day on 27 March 2011. (The paper form does state that one should fill the form in "on the 27th or as soon as possible afterwards.") It would appear that this advice is also wrong... see: Census (England) Regulations 2010, regulation 10)

Francis Davey, a practising barrister, I now discover, is advising today in a blog post: "Don't return your census form early."

Briefly... I won't bore you with the minutiae of Census law... life is just too short... save for this:

"10.-(1) Every prescribed person to whom a household pack has been delivered or on whose behalf delivery was taken under these Regulations must, on the day after census day or as soon after as is reasonably practicable."

Davey states: "The Office for National Statistics (ONS) is simply wrong to suggest that early return is OK. (This Census is governed by the Census (England) Regulations 2010, regulation 10)."

Technically, filling in the Census form early is a criminal offence under section 8 of the Census Act 1920. Davey notes: "There doesn't appear to be, in the regulations or the act, any power for the ONS to disapply these provisions or vary when the census returns may be made."

ENTRAPMENT!!!

Have I been duped by the ONS into committing a criminal offence by the advice given on their website? It would appear so.

What a curious state of affairs... even more curious, arguably, than arranging for Lockheed Martin, an arms manufacturer, to conduct it on behalf of the government.

Am I bothered about being prosecuted? No. Will I be prosecuted? Surely not! What if I am prosecuted... along with countless others?

Hahaha... I think it would be a most amusing morning in court. I shall arrange for Dr Erasmus Strangelove of leading City niche boutique firm Muttley Dastardly LLP to represent me.

Click here to visit Charon QC's blog and click here follow Charon QC on Twitter.

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COMMENTS (TOTAL 5 COMMENTS)

I was surprised to read this, does it actually allow it to be submitted early? Early return could cause many problems for the future; for example genealogists and lawyers involved in tracking down heirs would be completely thrown off track if the person completed the form early but died before 27th March! And who can accurately predict who will be visiting them, or if their spouse or partner might die or walk out before the 27th?

Surely someone put safeguards in for these possibilities?

Ray Harris -14 Mar 2011 | 14:28

No form

Am I the only one who hasn't even received the form yet?

Beth -14 Mar 2011 | 16:41

PATRIOT Games

Worth also considering the extent to which the Lockheed Martin entity undertaking the processing of the census could ever be obliged under the US Patriot Act to disclose census information to US intelligence agencies or send such information outside the UK. Ministers have provided assurances and stated that no such obligation or danger exists, but then they would say that.

The Usual Suspect -15 Mar 2011 | 14:43

The data is not harvested until after the 27th. In which case you have not submitted early. Why the paranoia?

Oh really? -16 Mar 2011 | 18:46

No paranoia

Not at all paranoid about the early submission (just a bit of legal nonsense) - but it is interesting that a US arms manufacturer is doing the census for the government....although the government assures us that the US will not be able to invoke their Patriot Act or any other laws to require a US company to hand over 'information'

:-)

Charon QC -17 Mar 2011 | 21:00

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